90.—(1) For the purposes of Article 25(1)(a) of the Order (claimant is the responsible carer for a child aged at least one and under a prescribed age) the prescribed age is 5.
(2) A claimant falls within Article 25 of the Order if—
(a)the claimant is the responsible foster parent in relation to a child aged at least one,
(b)the claimant is the responsible foster parent in relation to a qualifying young person, and the Department is satisfied that the qualifying young person has care needs which make it unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with Article 22(4) or 23(3) of the Order,
(c)the claimant is a foster parent, but not the responsible foster parent, in relation to a child or qualifying young person, and the Department is satisfied that the child or qualifying young person has care needs which would make it unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with Article 22(4) or 23(3) of the Order,
(d)the claimant has fallen within sub-paragraph (a), (b) or (c) within the past 8 weeks and has no child or qualifying young person currently placed with them, but expects to resume being a foster parent, or
(e)the claimant has become a friend or family carer in relation to a child within the past 12 months and is also the responsible carer in relation to that child.
(3) In paragraph (2)(e) “friend or family carer” means a person who is responsible for a child, but is not the child’s parent or step-parent, and has undertaken the care of the child in the following circumstances—
(a)the child has no parent or has parents who are unable to care for the child, or
(b)it is likely that the child would otherwise be looked after by an authority because of concerns in relation to the child’s welfare.