SCHEDULE 1CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN

Liability to contribute

I1C2C11

1

Where a local authority is looking after a child (other than in the cases mentioned in sub-paragraph (8)) it must 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 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;

F1c

section 260 of the Sentencing Code.