SCHEDULES

F1SCHEDULE 12Availability of the child element where maximum exceeded - exceptions

Annotations:
Amendments (Textual)

Non-parental caring arrangements4

1

An exception applies where the claimant—

a

is a friend or family carer in relation to A; or

b

is responsible for a child who is a parent of A.

2

In this paragraph, “friend or family carer” means a person who is responsible for A, but is not (or, if that person is a member of a couple, neither member is) A's parent or step-parent and—

a

is named in a residence order under Article 8 of the Children (Northern Ireland) Order 1995 , that is in force with respect to A, as a person with whom A is to live;

b

is entitled to a guardian's allowance under section 77 of the Contributions and Benefits Act in respect of A;

c

is a guardian of A appointed under Articles 159 and 160 of the Children (Northern Ireland) Order 1995;

d

fell within any of paragraphs (a) to (c) immediately prior to A's 16th birthday and has since continued to be responsible for A; or

e

has undertaken the care of A in circumstances in which it is likely that A would otherwise be looked after by an authority.