[F1 SCHEDULE 12 U.K.Availability of the child element where maximum exceeded - exceptions

Textual Amendments

F1 Sch. 12 inserted (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 2(4)

Non-consensual conception U.K.

5.— (1) An exception applies where—

(a) the claimant (“C”) is A’s parent; and

(b) the Secretary of State determines that—

(i) A is likely to have been conceived as a result of sexual intercourse to which C did not agree by choice, or did not have the freedom and capacity to agree by choice; and

(ii) C is not living at the same address as the other party to that intercourse (“B”).

(2) The circumstances in which C is to be treated as not having the freedom or capacity to agree by choice to the sexual intercourse are to include (but are not limited to) circumstances in which, at or around the time A was conceived—

(a) B was personally connected to C;

(b) B was repeatedly or continuously engaging in behaviour towards C that was controlling or coercive; and

(c) that behaviour had a serious effect on C.

(3) The Secretary of State may make the determination in sub-paragraph (1)(b)(i) only if—

(a) C provides evidence from an approved person which demonstrates that—

(i) C had contact with that approved person or another approved person; and

(ii) C’s circumstances are consistent with those of a person to whom sub-paragraphs (1)(a) and (1)(b)(i) apply; or

(b) there has been—

(i) a conviction for—

(aa) an offence of rape under section 1 of the Sexual Offences Act 2003 or section 1 of the Sexual Offences (Scotland) Act 2009;

(bb) an offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the Serious Crime Act 2015; or

(cc) an offence under the law of a country outside Great Britain that the Secretary of State considers to be analogous to the offence mentioned in sub-paragraph (aa) or (bb) above; or

(ii) an award under the Criminal Injuries Compensation Scheme in respect of a relevant criminal injury sustained by C,

where it appears likely to the Secretary of State that the offence was committed, or the criminal injury was caused, by B and resulted in the conception of A or diminished C’s freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception.

(4) The Secretary of State may make the determination in sub-paragraph (1)(b)(ii) where the only available evidence is confirmation by C that that sub-paragraph applies.

(5) For the purposes of sub-paragraph (2)(a), B was personally connected to C if, at or around the time A was conceived—

(a) they were in an intimate personal relationship with each other; or

(b) they were living together and—

(i) were members of the same family; or

(ii) had previously been in an intimate personal relationship with each other.

(6) For the purposes of sub-paragraph (2)(c), B’s behaviour had a serious effect on C if—

(a) it caused C to fear, on at least two occasions, that violence would be used against C; or

(b) it caused C serious alarm or distress which had a substantial adverse effect on C’s day-to-day activities.

(7) In sub-paragraph (3)—

“approved person” means a person of a description specified on a list approved by the Secretary of State for the purposes of sub-paragraph (3)(a) and acting in their capacity as such;

“Criminal Injuries Compensation Scheme” means the Criminal Injuries Compensation Scheme under the Criminal Injuries Compensation Act 1995; and

“relevant criminal injury” means—

(a)

a sexual offence (including a pregnancy sustained as a direct result of being the victim of a sexual offence);

(b)

physical abuse of an adult, including domestic abuse; or

(c)

mental injury,

as described in the tariff of injuries in the Criminal Injuries Compensation Scheme.

(8) For the purposes of sub-paragraph (5)(b)(i), B and C were members of the same family if, at or around the time A was conceived—

(a) they were, or had been, married to each other;

(b) they were, or had been, civil partners of each other;

(c) they were relatives (within the meaning given by section 63(1) of the Family Law Act 1996);

(d) they had agreed to marry each other, whether or not the agreement had been terminated;

(e) they had entered into a civil partnership agreement (within the meaning given by section 73 of the Civil Partnership Act 2004), whether or not the agreement had been terminated;

(f) they were both parents of the same child; or

(g) they had, or had had, parental responsibility (within the meaning given in regulation 4A(2)) for the same child.]