{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-8/paragraph-26",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-8/paragraph-26.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "schedule/8/paragraph/26",
  "kind": "paragraph",
  "number": "26",
  "heading": null,
  "text": "(1) Any payment made to the claimant in respect of a child or young person who is a member of the claimant's family—\n(a) pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 or in accordance with a scheme approved by the Scottish Ministers under section 51A of the Adoption (Scotland) Act 1978 (schemes for payment of allowances to adopters) or in accordance with an adoption allowance scheme made under section 71 of the Adoption and Children (Scotland) Act 2007 (adoption allowances schemes);\n(b) which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child's maintenance where the child is living with a person as a result of a child arrangements order), or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);\n(c) which is a payment made by an authority, as defined in Article 2 of the Children (Northern Ireland) Order 1995 , in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contributions by an authority to child's maintenance);\n(d) in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).\n(2) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 .",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "2002 c. 38."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "1978 c. 28."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 8 para. 26(1)(a) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 47(4)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "1989 c. 41. Section 15(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16, paragraph 10 and paragraph 15 of Schedule 1 was amended by the Civil Partnership Act 2004 (c. 33), section 78(1) and (3)."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 8 para. 26(1)(b) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 16"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Sch. 8 para. 26(1)(b) inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(2)(d), 11(19)(c)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "S.I. 1995/755 (N.I. 2)."
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Section 14F was inserted by the Adoption and Children Act 2002 (c. 38), section 115(1)."
    },
    {
      "type": "F",
      "label": "F9",
      "text": "2002 c. 38."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2026/1072",
      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations 2026"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2026/1072",
      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/schedule/8/paragraph/26",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}