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The Child Support Maintenance Calculation Regulations 2012

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Persons who are not persons with care

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78.—(1) The following categories of person are not persons with care for the purposes of the 1991 Act—

(a)a local authority;

(b)a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989, except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 22C(2) or 23(5) of that Act(1);

(c)in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995(2).

(2) In paragraph (1)—

“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be;

“family” means a family other than a family defined in section 93(1) of the Children (Scotland) Act 1995.

(1)

1989 c. 41. Section 22C(2) was inserted prospectively by section 8 of the Children Act 2008 (c. 23); when it is in force, it will replace section 23(5).

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