F1SCHEDULE 12Availability of the child element where maximum exceeded - exceptions

Annotations:
Amendments (Textual)

Non-parental caring arrangements4

1

An exception applies where the claimant—

a

is a friend or family carer in relation to A; or

b

is responsible for a child who is a parent of A.

2

In this paragraph, “friend or family carer” means a person who is responsible for A, but is not (or, if that person is a member of a couple, neither member is) A’s parent or step-parent and—

a

is named in a child arrangements order under section 8 of the Children Act 1989, that is in force with respect to A, as a person with whom A is to live;

b

is a special guardian of A appointed under section 14A of that Act;

c

is entitled to a guardian’s allowance under section 77 of the Contributions and Benefits Act in respect of A;

d

in whose favour a kinship care order, as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, subsists in relation to A;

e

is a guardian of A appointed under section 5 of the Children Act 1989 or section 7 of the Children (Scotland) Act 1995;

f

in whom one or more of the parental responsibilities or parental rights respectively described in section 1 and 2 of the Children (Scotland) Act 1995 are vested by a permanence order made in respect of A under section 80 of the Adoption and Children (Scotland) Act 2007;

g

fell within any of paragraphs (a) to (f) immediately prior to A’s 16th birthday and has since continued to be responsible for A; or

h

has undertaken the care of A in circumstances in which it is likely that A would otherwise be looked after by a local authority.