4A.—(1) There is excluded from regulation 4(6)(a)—
(a)any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person;
(b)any period during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for them.
(2) For the purposes of this regulation, a person has parental responsibility if they are not a foster parent and—
(a)in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 1989 M1; or
(b)in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 1995 M2.]
Textual Amendments
F1Reg. 4A inserted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(4)
Marginal Citations