26.—(1) Any payment made to the claimant in respect of a child or young person who is a member of his family—
(a)[F1pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance] with a scheme approved by the [F2Scottish Ministers under section 51A] of the Adoption (Scotland) Act 1978 F3 (schemes for payment of allowances to adopters) [F4or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)];
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(ba)which is a payment made by a local authority in Scotland in pursuance of section 50 of the Children Act 1975 (payments towards maintenance of children);]
(c)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 F7 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a [F8child arrangements] order);
[F9(d)which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child’s maintenance);]
[F10(e)in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);]
[F11to the extent specified in sub-paragraph (2)].
[F12(1A) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.]
(2) [F13In the case of a child or young person–
(a)to whom regulation 106(5) (capital in excess of £3,000) applies, the whole payment;
(b)to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the applicable amount in respect of that child or young person and where applicable to him any amount by way of a disabled child premium.]
Textual Amendments
F1Words in Sch. 7 para. 26(1)(a) substituted (30.12.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(3)(b), 3(8)(b)
F2Words in Sch. 7 para. 26(1)(a) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(e)(i)
F4Words in Sch. 7 para. 26(1)(a) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 19(3)
F5Sch. 7 para. 26(1)(b) omitted (5.1.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 3(10)(e)(ii)
F6Sch. 7 para. 26(1)(ba) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(b), 4(15)(c)
F8Words in Sch. 7 para. 26(1)(c) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 6
F9Sch. 7 para. 26(1)(d) added (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 7(1)(2)(e)
F10Sch. 7 para. 26(1)(e) added (4.10.2004) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 (S.I. 2004/2308), regs. 1(1), 4(3)(4)(b)
F11Words in Sch. 7 para. 26(1) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(c)
F12Sch. 7 para. 26(1A) substituted (30.12.2005) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(3)(b), 3(8)(c)
F13Sch. 7 para. 26(2) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 23(c)