Paragraph 4 Child or qualifying young person looked after by a local authorityF1
Except where sub-paragraph (3) applies, a claimant is to be treated as not being responsible for a child or qualifying young person during any period when the child or qualifying young person is looked after by a local authority.
A child or qualifying young person is treated as looked after by a local authority for the purposes of sub-paragraph (1) if that child or qualifying young person is looked after by a local authority within the meaning of section 22 of the Children Act 1989, section 17(6) of the Children (Scotland) Act 1995 or section 74 of the Social Services and Well-being (Wales) Act 2014.
This sub-paragraph applies to any period—
which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person; F2...
during which the child or qualifying young person is placed with, or continues to live with, their parent or a person who has parental responsibility for themF3; or
during which the child or qualifying young person is placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.
For the purposes of sub-paragraph (3), a person has parental responsibility if they are not a foster parent and—
in England and Wales, they have parental responsibility within the meaning of section 3 of the Children Act 1989, or
in Scotland, they have any or all of the legal responsibilities or rights described in sections 1 or 2 of the Children (Scotland) Act 1995.
Annotations
Textual amendments
- F1
Sch. 2A inserted (1.2.2019) by The State Pension Credit (Additional Amount for Child or Qualifying Young Person) (Amendment) Regulations 2018 (S.I. 2018/676), regs. 1, 2(4)
- F2
Word in Sch. 2A para. 4(3) omitted (27.1.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 2(2)(b)(i)
- F3
Sch. 2A para. 4(3)(c) and word inserted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/3), regs. 1(2), 2(2)(b)(ii)