# The Social Fund Maternity and Funeral Expenses (General) Regulations 2005, Regulation 4A: Persons to be treated as responsible for children


(1) For the purposes of this Part, subject to paragraph (4), a person (“P”) is to be treated as responsible for a child if paragraph (2) or (3) applies.
(2) This paragraph applies if—
(a) P is receiving child benefit in respect of the child, unless P is a child in respect of whom another person is receiving child benefit; or
(b) no one is receiving child benefit in respect of the child but the child usually lives with P.
(3) This paragraph applies where P is receiving child benefit in respect of a child who is in receipt of child benefit in respect of another child in which case P is to be treated as responsible for both children.
(4) P is not to be treated as responsible for a child if the child is—
(a) being looked after by a local authority within the meaning of section 22 of the Children Act 1989, or section 93 of the Children (Scotland) Act 1995, or section 74 of the Social Services and Well-being (Wales) Act 2014, unless the child usually lives with P; or
(b) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.

---
Source: https://www.legislation.gov.uk/uksi/2005/3061/regulation/4A (the official version)
Page: https://openlegislation.uk/social-fund-maternity-and-funeral-expenses-general-regulations-2005/regulation-4A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.