Social Services and Well-being (Wales) Act 2014

Liability to contribute E+W

1 (1) Where a local authority is looking after a child (other than in the cases mentioned in sub-paragraph (8) [F1 , and in cases where charging is prohibited by or under an enactment]) it must consider whether it 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 it considers it reasonable to do so.

(3) A person is liable to contribute if he or she is an adult with parental responsibility for the child.

(4) A person is not liable to contribute during any period when the person is in receipt of a benefit which falls within a category specified in regulations.

(5) In sub-paragraph (4) “benefit” includes any allowance, payment, credit or loan.

(6) 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 living with a parent of the child under arrangements made by the authority in accordance with section 81.

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

(8) The cases are those in which the child is looked after by a local authority under—

(a) section 76;

(b) an interim care order under the Children Act 1989;

[F2 (c) section 260 of the Sentencing Code.]

Textual Amendments

F1 Words in Sch. 1 para. 1(1) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 49(5), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

F2 Sch. 1 para. 1(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 306(1) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 Sch. 1 para. 1 excluded by S.I. 2012/2813, regs. 2A(c), 5A (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 paras. 131, 132)

C2 Sch. 1 para. 1 excluded by S.I. 2005/1313, reg. 46A(2) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), 5(8))

Commencement Information

I1 Sch. 1 para. 1 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)