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The Child Support Maintenance Calculation Regulations 2012
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- UK Statutory Instruments
- 2012 No. 2677
- PART 6
- Regulation 78
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Persons who are not persons with careE+W+S
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78.—(1) The following categories of person are not persons with care for the purposes of the 1991 Act—
(a)a local authority;
(b)a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 22C(2) F1... of that Act M1;
(c)in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act [F21995 [F3or who is providing continuing care by virtue of arrangements made under section 26A of that Act]; M2
( d)in Wales, a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of Part 6 of the Social Services and Well-being (Wales) Act 2014, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 81(2) of that Act.]
(2) In paragraph (1)—
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 [F4or section 74 of the Social Services and Well-being (Wales) Act 2014] as the case may be;
“family” means a family other than a family defined in section 93(1) of the Children (Scotland) Act 1995.
Textual Amendments
F1Words in Pt. 6 reg. 78(1)(b) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 28(3)
F2Words in Pt. 6 reg. 78(1)(c) substituted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 14(5)(a)
F3Words in Pt. 6 reg. 78(1)(c) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 19(2)
F4Words in Pt. 6 reg. 78(2) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 14(5)(b)
Commencement Information
I1Reg. 78 wholly in force; reg. 78 not in force at made date; reg. 78 in force at 29.7.2013 for certain purposes and reg. 78 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) was inserted prospectively by section 8 of the Children Act 2008 (c. 23); when it is in force, it will replace section 23(5).
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