Activity direction cost payments CA 1989 s. 11F
CA 1989 s. 11F permits payments to individuals for activity direction/condition costs, with conditions on resources, location, and approved providers.
11F The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees. An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child, not being a child ordinarily resident in Wales. The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees. An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child who is ordinarily resident in Wales. A relevant charge or fee, in relation to an activity required by an activity direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity. Regulations under this section may provide that no assistance is available to an individual unless— the individual satisfies such conditions as regards his financial resources as may be set out in the regulations; the activity in which the individual is required by an activity direction or condition to take part is provided to him in England or Wales; where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by an activity direction or condition; where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a an activity direction or condition. Regulations under this section may make provision— as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a an activity direction or condition to take part; where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined; authorising payments by way of assistance to be made directly to persons providing activities required by an activity direction or condition.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows the Secretary of State and the National Assembly for Wales to make regulations that set up a system of financial help for people who are required by an activity direction or condition to take part in a specific activity. The activity must be intended to help the person (or another person) become more involved in the life of a child. Separate rules apply depending on whether the child lives in Wales or elsewhere in England and Wales.
The regulations can decide when a person qualifies – for example, based on their financial resources, whether the activity is provided in England or Wales, and whether the provider is officially approved. They can also set maximum amounts of assistance, vary the amount according to the person's income, and allow payments to be made directly to the activity provider.
When it applies
- A parent is required by a court-ordered activity direction to attend a parenting skills programme and needs help paying the course fee.
- An individual in Wales is subject to an activity condition that requires them to take part in a contact centre activity, and they apply to the Welsh Assembly for financial assistance to cover the charge.
- A person ordered to attend anger management sessions as a condition of seeing their child seeks reimbursement for the fees from the Secretary of State under the regulations.
- A grandparent required by an activity direction to complete a child-involvement workshop asks whether the cost will be paid directly to the approved provider.
What this section does not say
- This section does not cover payments for general child maintenance or living expenses unrelated to a required activity.
- It does not authorise payments for legal fees or court costs arising from the child arrangements proceedings.
- It does not provide assistance for activities that a person chooses to attend voluntarily, without being required by an activity direction or condition.
- It does not apply to activities for a child who is ordinarily resident in Wales when the person seeking assistance is in England (the Welsh regulations cover that situation).
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This page reproduces the text of CA 1989 s. 11F in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.