Regulation 51 Persons who are not persons with care

(1)

For the purposes of the Act the following categories of person shall not be persons with care—

(a)

a local authority;

(b)

a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989 M1 F1except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;

F2(ba)

in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 or who is providing continuing care by virtue of arrangements made under section 26A of that Act.

(c)

in Scotland, a person with whom a child is boarded out by a local authority under the provisions of section 21 of the Social Work (Scotland) Act 1968 M2.

(2)

In paragraph (1) above—

“local authority” means, in relation to England and Wales, the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London and, in relation to Scotland, a regional council or an islands council;

“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989.

Annotations

Textual amendments

F1: Words in reg. 51(1)(b) added (5.4.1993) by The Child Support (Miscellaneous Amendments) Regulations 1993 (S.I. 1993/913), regs. 1(1), 15
F2: Reg. 51(1)(ba) inserted (7.11.2017) by The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017 (S.I. 2017/995), regs. 1, 16(2)

Marginal citations

M1: 1989 c.41.
M2: 1968 c.49.

Notes on the whole SI

Textual amendments

F1: Instrument revoked (10.12.2012 reg. 1(4)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), reg. 10(a)