Paragraph 23 I1

England, Wales and Scotland

(1)

Any payment made to the claimant in respect of a person who is a member of his family–

(a)

in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958^f1 or, as the case may be, section 51 of the Adoption (Scotland) Act 1978^f2 (schemes for payments of allowances to adopters);

(b)

which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975^f3 (contributions to a custodian towards the cost of the accommodations and maintenance of a child),

to the extent specified in sub-paragraph (2).

(2)

In the case of a child or young person–

(a)

to whom regulation 26(2) applies (capital in excess of £3000), the whole payment;

(b)

to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the calculation of the claimant’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

Annotations

Commencement

I1: Sch. 3 para. 23 in force at 1.4.1989, see reg. 1(1)

Footnotes

f1: 1958 c. 5 (7 & 8 Eliz. 2); subsection (4) of section 50 was added by section 32 of the Children Act 1975 (c. 72).
f2: 1978 c. 28.
f3: 1975 c. 72, as amended by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).