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Regulation 3 Eligible children

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of paragraph 19B(2)(b) of Schedule 2 to the Act, the prescribed period is 13 weeks and the prescribed age is 14.

(2)

The following categories of children are not to be eligible children despite falling within paragraph 19B(2) of Schedule 2—

(a)

any child who has been looked after by a local authority in circumstances where the following conditions apply—

(i)

the local authority has arranged to place the child in a series of short-term placements none of which individually exceeds four weeks (even though they may amount in all to the prescribed period); and

(ii)

at the end of each such placement the child returns to the care of his or her parent, or a person who is not a parent but who has parental responsibility for the child,

(b)

any child who is subject to a care order, who, under arrangements made by a local authority looking after the child, has been living with a person falling within section 23(4) of the Act f1 for a period of six months or more.

Annotations

Footnotes

f1

A person falls within section 23(4) if he or she is a parent of the child, a person who is not a parent but who has parental responsibility for the child, or where the child is in care and there was a residence order in force with respect to the child immediately before the care order was made, a person in whose favour the residence order was made.