91.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A claimant falls within section 20 of the Act if—
(a)the claimant is the responsible foster parent in relation to a child aged at least 1;
(b)the claimant is the responsible foster parent in relation to a qualifying young person, and the Secretary of State is satisfied that the qualifying young person has care needs which would make it unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with section 17(4) or 18(3) of the Act;
(c)the claimant is a foster parent, but not the responsible foster parent, in relation to a child or qualifying young person, and the Secretary of State is satisfied that the child or qualifying young person has care needs which would make it unreasonable to require the claimant to comply with a work search requirement or a work availability requirement, including if such a requirement were limited in accordance with section 17(4) or 18(3) of the Act;
(d)the claimant has fallen within sub-paragraph (a), (b) or (c) within the past 8 weeks and has no child or qualifying young person currently placed with them, but expects to resume being a foster parent; or
(e)the claimant has become a friend or family carer in relation to a child within the past 12 months and is also the responsible carer in relation to that child.
(3) In paragraph (2)(e) “friend or family carer” means a person who is responsible for a child, but is not the child's parent or step-parent, and has undertaken the care of the child in the following circumstances—
(a)the child has no parent or has parents who are unable to care for the child; or
(b)it is likely that the child would otherwise be looked after by a local authority because of concerns in relation to the child's welfare.
Textual Amendments
F1Reg. 91(1) omitted (3.4.2017) by virtue of Welfare Reform and Work Act 2016 (c. 7), ss. 17(2)(a), 36(6); S.I. 2017/111, reg. 3(c)