PART 4E+W+STHE MAINTENANCE CALCULATION RULES

CHAPTER 4E+W+SSPECIAL CASES

Child in care who is allowed to live with their parentE+W+S

51.—(1) Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of that child under section 22C(2) or 23(5) of the Children Act 1989 M1, that case is to be treated as a special case for the purposes of the 1991 Act.

(2) For the purposes of this case, section 3(3)(b) of the 1991 Act is to be modified so that, for the reference to the person who usually provides day to day care for the child there is substituted a reference to the parent of the child with whom the local authority has allowed the child to live.

Commencement Information

I1Reg. 51 wholly in force; reg. 51 not in force at made date; reg. 51 in force at 29.7.2013 for certain purposes and reg. 51 in force at 25.11.2013 in so far as not already in force, see reg. 1, SI 2013/1860 and S.I. 2013/2947

Marginal Citations

M11989 c. 41. Section 22C(2) is inserted prospectively by section 8 of the Children and Young Persons Act 2008 (c.23); when it is in force, it will replace section 23(5).