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Paragraph 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.

Annotations

Textual amendments

F1

Words 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)

F2

Words 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)

F3

Words 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

F4

Words 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

F5

Words 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

M1

1976 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.

M2

1978 c.28.

Notes on the whole SI

Textual amendments

F1

Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 2012 (S.I. 2012/2785), reg. 10(b)

F2

regulations revoked (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), reg. 15(1) (with reg. 15(2)-(4))