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(1)A child is a “qualifying child” if—
(a)one of his parents is, in relation to him, an absent parent; or
(b)both of his parents are, in relation to him, absent parents.
(2)The parent of any child is an “absent parent”, in relation to him, if—
(a)that parent is not living in the same household with the child; and
(b)the child has his home with a person who is, in relation to him, a person with care.
(3)A person is a “person with care”, in relation to any child, if he is a person—
(a)with whom the child has his home;
(b)who usually provides day to day care for the child (whether exclusively or in conjunction with any other person); and
(c)who does not fall within a prescribed category of person.
(4)The Secretary of State shall not, under subsection (3)(c), prescribe as a category—
(c)persons in whose favour residence orders under section 8 of the [1989 c. 41.] Children Act 1989 are in force;
(d)in Scotland, persons having the right to custody of a child.
(5)For the purposes of this Act there may be more than one person with care in relation to the same qualifying child.
(6)Periodical payments which are required to be paid in accordance with a maintenance assessment are referred to in this Act as “child support maintenance”.
(7)Expressions are defined in this section only for the purposes of this Act.
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