SCHEDULES

I2C4 SCHEDULE 2F10SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

Annotations:
Commencement Information
I2

Sch. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Amendments (Textual)
Modifications etc. (not altering text)
C4

Sch. 2 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 2; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)

C3Part III Contributions Towards Maintenance of Children Looked After by Local Authorities F9in England

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C3

Sch. 2 Pt. III modified (30.12.2005) by 2002 c. 38, ss. 53(4)-(6), 148 (with Sch. 4 paras. 1, 6-8); S.I 2005/2213, {art. 2(c)}

Liability to contribute

I1C1C2C521

1

Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor").

2

An authority may only recover contributions from a contributor if they consider it reasonable to do so.

3

The persons liable to contribute are—

a

where the child is under sixteen, each of his parents;

b

where he has reached the age of sixteen, the child himself.

4

A parent is not liable to contribute during any period when he is in receipt F7 of universal credit (except in such circumstances as may be prescribed), of income support F1underF2Part VII of the Social Security Contributions and Benefits Act 1992,F3 of any element of child tax credit other than the family element, of working tax creditF4F5, of an income-based jobseeker's allowance or of an income-related employment and support allowance.

5

A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is F8living with, under arrangements made by the authority in accordance with section 22C, a parent of his.

6

A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.

7

The cases are where the child is looked after by a local authority under—

a

section 21;

b

an interim care order;

c

F6section 92 of the Powers of Criminal Courts (Sentencing) Act 2000F11or section 260 of the Sentencing Code.