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Paragraph 22

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

(1)

Any payment made to the relevant person in respect of a person who is a member of his family—

(a)

in accordance with regulations made pursuant to section 57A of the Adoption Act 1976f1 (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978f2 (schemes for payments of allowances to adopters);

(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 1989f3 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or, as the case may be, section 50 of the Children Act 1975f4 (payment towards maintenance of children);

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

(2)

In the case of a child or young person—

(a)

to whom regulation 32(2) (capital in excess of £5,000) applies, 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 determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

Annotations

Footnotes

f1

1976 c. 36; section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989.

f2

1978 c. 28.

f3

1989 c. 41; section 15(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16.

f4

1975 c. 72.