Citation and commencement

1. These Regulations may be cited as the Children Act 1989 (Contact Activity Directions and Conditions: Financial Assistance) (England) Regulations 2008 and come into force on 8th December 2008.

Interpretation

2. In these Regulations—

“the Act” means the Children Act 1989;

“approved provider” means a person who is for the time being approved—

as a provider of contact activities ;

“certificate” has the same meaning as in the Financial Regulations;

“contact activity” means an activity that promotes contact with a child which is required by a contact activity direction or contact activity condition;

“contact activity condition” has the same meaning as in section 11C(2) of the Act;

“contact activity direction” has the same meaning as in section 11A(3) of the Act;

“family proceedings” has the same meaning as in the Financial Regulations;

“Financial Regulations” means the Community Legal Service (Financial) Regulations 2000( 3 );

“funded services” has the same meaning as in the Financial Regulations;

“qualifying individual” means an individual who falls within section 11F(2) of the Act.

Financial Assistance

3. —(1) Subject to paragraphs (2) and (3), the Secretary of State may make payments to assist a qualifying individual in paying a charge or fee in respect of a contact activity.

(2) Payments may not be made under paragraph (1) unless–

(a) the qualifying individual’s financial resources are such that–

(i) following a determination in accordance with the Financial Regulations that the individual is financially eligible for funded services in relation to family proceedings, the individual has been issued with a certificate in relation to the family proceedings in which the contact activity direction or condition, which required the individual to take part in the contact activity, was made or imposed; or

(ii) where the individual does not satisfy the condition in sub-paragraph (a)(i), the Secretary of State is satisfied that the individual, if required to pay the charge or fee, is likely to suffer financial hardship; and

(b) the contact activity is provided by an approved provider.

(3) The maximum amount of assistance that may be paid in respect of a qualifying individual as regards a contact activity is–

(a) £3500 if the contact activity is of the type described in section 11A(5)(a)(ii) of the Act, or

(b) in the case of any other contact activity, £450.

4. Payments under regulation 3 may be made directly to approved providers.