25. Any payment made to a person in respect of an adopted child who is a member of his family that is made in accordance with any regulations made under section 57A or pursuant to section 57A(6) of the Adoption Act 1976 M1 (permitted allowances) [F1or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002] or, as the case may be, [F2section 51A] of the Adoption (Scotland) Act 1978 M2 (schemes for the payment of allowances to adopters) [F3or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes)]—
(a)where the child is not a child in respect of whom child support maintenance is being assessed, to the extent that it exceeds [F4the aggregate of the amounts to be taken into account in the calculation of E under regulation 9(1)(g)], reduced, as the case may be, under regulation 9(4);
(b)in any other case, to the extent that it does not exceed the amount of the income of a child which is treated as that of his parent by virtue of Part IV [F5of Schedule 1.]
Textual Amendments
F1Words in Sch. 2 para. 25 inserted (16.3.2005) by The Child Support (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/785), regs. 1(2)(a), 4(3)(c)
F2Words in Sch. 2 para. 25 substituted (6.4.1999) by The Child Support (Miscellaneous Amendments) Regulations 1999 (S.I. 1999/977), regs. 1(1), 6(6) (with reg. 7)
F3Words in Sch. 2 para. 25 inserted (15.7.2011) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2011 (S.I. 2011/1740), Sch. 1 para. 15
F4Words in Sch. 2 para. 25(a) substituted (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 29
F5Words in Sch. 2 para. 25 added (19.1.1998) by The Child Support (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/58), regs. 1(2), 57 (with reg. 59)
Marginal Citations
M11976 c.36. Section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989 (c.41). The Adoption Allowance Regulations 1991 (S.I. 1991/2030) and the Adoption Allowance (Amendment) Regulations 1991(S.I. 1991/2130) have been made.