39.—(1) Where an authority is looking after a child (other than in the cases mentioned in paragraph (7)), the authority shall consider whether it should recover contributions towards the child's maintenance from any person liable to contribute (a “contributor”).
(2) An authority may only recover contributions from a contributor if the authority considers it reasonable to do so.
(3) The persons liable to contribute are—
(a)where the child is under 16, each of his parents;
(b)where he has reached the age of 16, the child himself.
(4) A person shall not be liable to contribute during any period when he is in receipt [F1of universal credit (except in such circumstances as may be prescribed),] of income support,[F2 of any element of child tax credit other than the family element, of working tax credit][F3, of an income-based jobseeker's allowance or of an income-related employment and support allowance].
(5) A person shall not be liable to contribute towards the maintenance of a child in the care of an authority in respect of any period during which the child is allowed by the authority (under Article 27(5)) to live with a parent of his.
(6) A contributor shall not be obliged to make any contribution towards a child's maintenance except as agreed or determined in accordance with Articles 40 to 43.
(7) The cases referred to in paragraph (1) are where the child is looked after by an authority under—
(a)Article 23;
(b)an interim care order.
F1Words in art. 39(4) inserted (27.9.2017) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), art. 2(2), Sch. 2 para. 28(d); S.R. 2017/190, art. 4(1)(2)(g)(i)
F3Words in art. 39(4) substituted (27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 5(6) (with transitional provisions in s. 29, Sch. 4); S.R. 2008/276, art. 2(2)(d), Sch. Pt. 2