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) 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”).

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;

F2c

section 260 of the Sentencing Code.