SCHEDULES

SCHEDULE 2 Local Authority Support for Children and Families

Part III Contributions Towards Maintenance of Children Looked After by Local Authorities

Liability to contribute

21

(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 of income support F1, F2working families’ tax creditor F3disabled persons’s tax credit under the F4Part VII of the Social Security Contributions and Benefits Act 1992F5or of an income-based jobseeker’s 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 allowed by the authority (under section 23(5)) to live with 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 2000.