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Children Act 1989, Section
29
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(1)Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.
(2)Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.
(3)No person shall be liable to pay any charge under subsection (1) [F2for a service provided under section 17 or section 18(1) or (5)] at any time when he is in receipt [F3of universal credit (except in such circumstances as may be prescribed),] of income support [F4under][F5Part VII of the Social Security Contributions and Benefits Act 1992][F6, of any element of child tax credit other than the family element, of working tax credit][F7, of an income-based jobseeker's allowance or of an income-related employment and support allowance].
[F8(3A)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt [F3of universal credit (except in such circumstances as may be prescribed),] of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F7, of an income-based jobseeker's allowance or of an income-related employment and support allowance].]
[F9(3B)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—
(a)he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or
(b)he is a member of a [F10couple] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.]
(4)The persons are—
(a)where the service is provided for a child under sixteen, each of his parents;
(b)where it is provided for a child who has reached the age of sixteen, the child himself; and
(c)where it is provided for a member of the child’s family, that member.
(5)Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
(6) Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M1 Child Care Act 1980.
(7)Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
(8)Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority and they are not maintaining him in—
(a)a community home provided by them;
(b)a controlled community home; or
(c)a hospital vested in the [F11Secretary of State or] [F12, the Welsh Ministers]F13...[F14or any other hospital made available pursuant to arrangements made by [F15the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by] F16..., a [F17Local Health Board]F13...,],
they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
(9)[F18Except where subsection (10) applies,] Where a local authority comply with any request under section 27(2) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority in whose area the child or person is ordinarily resident any [F19reasonable expenses] incurred by them in respect of that person.
[F20(10) Where a local authority (“ authority A ”) comply with any request under section 27(2) from another local authority (“ authority B ”) in relation to a child or other person—
(a)whose responsible authority is authority B for the purposes of section 23B or 23C; or
(b)whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),
authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]]
Textual Amendments
F1Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)
F2Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
F3Words in s. 29(3)(3A) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(c); S.I. 2013/983, art. 3(1)(b)(i)
F4Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
F5Words in s. 29(3) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para 108(b).
F6Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
F7Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)
F8S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
F9S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)
F10Words in s. 29(3B) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 9
F11Words in s. 29(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F12Words in s. 29(8)(c) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 20
F13Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F14Words in s. 29(8)(c) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(3)
F15Words in s. 29(8)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F16Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F17Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}
F18Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2
F19Words in s. 29(9) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 15; S.I. 1991/1883, art. 3, Sch.
F20S. 29(10) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
Commencement Information
I1S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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