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Children Act 1989

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Children Act 1989, Section 21 is up to date with all changes known to be in force on or before 12 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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21(1)Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor").E+W

(2)An authority may only recover contributions from a contributor if they consider it reasonable to do so.

(3)The persons liable to contribute are—

(a)where the child is under sixteen, each of his parents;

(b)where he has reached the age of sixteen, the child himself.

(4)A parent is not liable to contribute during any period when he is in receipt [F1 of universal credit (except in such circumstances as may be prescribed), ] of income support [F2under][F3Part VII of the Social Security Contributions and Benefits Act 1992,][F4 of any element of child tax credit other than the family element, of working tax credit][F5[F6, of an income-based jobseeker's allowance or of an income-related employment and support allowance]].

(5)A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is F7[living with, under arrangements made by the authority in accordance with section 22C], a parent of his.

(6)A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule.

(7)The cases are where the child is looked after by a local authority under—

(a)section 21;

(b)an interim care order;

(c)[F8section 92 of the Powers of Criminal Courts (Sentencing) Act 2000].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 2 para. 21(4) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(d); S.I. 2013/983, art. 3(1)(b)(i)

F2Words in Sch. 2 para. 21(4) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional savings and provisions in arts. 3 and 4)

F3Words in Sch. 2 Pt. III para. 21(4) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(c)

F4Words in Sch. 2 para. 21(4) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 20(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to transitional provisions and savings in arts. 3 and 4)

F5Words in Sch. 2 para. 21(4) added (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(5); S.I. 1996/2208, art. 2

F6Words in Sch. 2 para. 21(4) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(6); S.I. 2008/787, art. 2(4)(f)

F7Words in Sch. 2 para. 21(5) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 5; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F8Words in Sch. 2 Pt. III para. 21(7)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 130

Modifications etc. (not altering text)

C1Sch. 2 para. 21: power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(2)(b), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

Commencement Information

I1Sch. 2 Pt. III para. 21 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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