SCHEDULES

SCHEDULE 2 U.K. Local Authority Support for Children and Families

Modifications etc. (not altering text)

C1 Sch. 2 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 2; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)

Commencement Information

I1 Sch. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part III U.K. Contributions Towards Maintenance of Children Looked After by Local Authorities

Modifications etc. (not altering text)

C2 Sch. 2 Pt. III modified (30.12.2005) by 2002 c. 38, ss. 53(4)-(6), 148 (with Sch. 4 paras. 1, 6-8); S.I 2005/2213, {art. 2(c)}

Liability to contribute E+W

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").

(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 of income support [F1 , [F2 working families’ tax credit]or [F3 disabled persons’s tax credit]] under the [F4 Part VII of the Social Security Contributions and Benefits Act 1992][F5 or of an income-based jobseeker’s 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 allowed by the authority (under section 23(5)) to live with 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) [F6 section 92 of the Powers of Criminal Courts (Sentencing) Act 2000].

Textual Amendments

F1 Words in Sch. 2 Pt. III para. 21(4) substituted (19.11.1991 for certain purposes, 10.3.1992 for certain purposes and otherwise 6.4.1992) by Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21, SIF 113:1), s. 7, Sch. 3 Pt. II para. 15; S.I. 1991/2617, art. 2(b)(e)(f), Sch.

F2 Words in Sch. 2 para. 21(4) substituted (5.10.1999) by 1999 c. 10, s. 1(2), 6(d)(iii)

F3 Words in Sch. 2 para. 21(4) substituted (5.10.1999) by 1999 c. 10, s. 1(2), 6(d)(iii)

F4 Words 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)

F5 Words 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

F6 Words 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

Commencement Information

I2 Sch. 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)