The Children (Leaving Care) Social Security Benefits Regulations 2001

Entitlement to benefits

2.—(1) Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income support or income-based jobseeker’s allowance where a person—

(a) falls within subsection (2)(a) or (b) of that section; and

(b) falls within a category of person prescribed in—

(i) provided the person is a lone parent, regulation 13(2)(a) (circumstances in which persons in relevant education may be entitled to income support) of;

(ii) regulation 13(2)(b) of; or

(iii) paragraph 1, 2, 7, 8, 10, 11, 12, 13, 24 or 25 of Schedule 1B (prescribed categories of person) to,

the Income Support (General) Regulations 1987(1) (“the Income Support Regulations”).

(2) Section 6 shall not apply to a person who falls within subsection (2)(a) or (b) of that section who has not been looked after by a local authority for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989(2) on or after 1st October 2001.

(3) Where a person who falls within subsection (2)(a) or (b) of section 6 is residing in Scotland but is not supported by a local authority in England or Wales then, notwithstanding that he has been looked after by such a local authority for the purposes of paragraph 19B of Schedule 2 to the 1989 Act on or after 1st October 2001, section 6 shall not apply to that person.

(4) In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.

(1)

S.I. 1987/1967; Schedule 1B was inserted by Schedule 1 to S.I. 1996/206; relevant amending instruments are S.I. 1999/2422, 1999/3109, 2000/681, 2000/1922 and 2000/1981.

(2)

1989 c. 41.