Reply To: Is Child part of household with a care order

John Boxall

Look at Reg 21(4)

Regulation 21 Circumstances in which a person is to be treated as being or not being a member of the household

(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the claimant and he—
(a) is being looked after by, …………. a local authority under a relevant enactment; ……………

(6) In this regulation “relevant enactment’ means the Army Act 1955, the Air Force Act 1955, the Naval Discipline Act 1957, the Matrimonial Proceedings Children Act 1958, the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969, the Children and Young Persons Act 1969, the Matrimonial Causes Act 1973, the Children Act 1975, the Domestic Proceedings and Magistrates´ Courts Act 1978, the Adoption and Children (Scotland) Act 2007, the Child Care Act 1980, the Family Law Act 1986, the Children Act 1989, the Children (Scotland) Act 1995 and the Children’s Hearings (Scotland) Act 2011. SI 2011/1740 SI

So the question is, is the Child being ‘Looked after by the local authority under a relevant enactment’ As they are placed with Foster parents I suggest that the answer is ‘Yes’ but I suggest that you start by asking Social Services as they should be able to confirm the legal situation.

Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

Wilkins Micawber, Ch12 David Copperfield