Regulation 4A Responsibility for children looked after by a local authorityF1
There is excluded from regulation 4(6)(a)—
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;
any period 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 themF2;
any period 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 this regulation, 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 M1; 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 M2.
Annotations
Textual amendments
- F1
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Reg. 4A inserted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(4)
- F2
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Reg. 4A(1)(b): semicolon substituted for full stop (1.4.2024) by The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/341), regs. 1(2), 7(3)(a)
- F3
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Reg. 4A(1)(c) inserted (1.4.2024) by The Social Security and Universal Credit (Migration of Tax Credit Claimants and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/341), regs. 1(2), 7(3)(b)