10.—(1) The Income Support (General) Regulations 1987 are amended as follows.
(2) In regulation 6 (persons not treated as engaged in remunerative work), in paragraph (1), after sub-paragraph (k) insert—
“(ka)he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995(1) (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;”.
(3) In regulation 37 (earnings of self-employed earners)—
(a)in paragraph (2), after sub-paragraph (b) insert—
“(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;”;
(b)after paragraph (2) insert—
“(3) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.”.
11.—(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.
(2) In regulation 53 (persons treated as not engaged in remunerative work), after paragraph (f) insert—
“(fa)he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 and is in receipt of a payment made under that section of that Act;”.
(3) In regulation 100 (earnings of self-employed earners)—
(a)in paragraph (2), after sub-paragraph (b) insert—
“(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;”;
(b)after paragraph (2) insert—
“(3) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.”.
12.—(1) The Housing Benefit Regulations 2006 are amended as follows.
(2) In regulation 37 (earnings of self-employed earners)—
(a)in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b)after paragraph (2) insert—
“(2A) Earnings shall also not include any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(a)to a claimant; or
(b)where paragraph (2B) applies, to another person (“A”) which A passes on to the claimant.
(2B) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.”.
13.—(1) The Employment and Support Allowance Regulations 2008 are amended as follows.
(2) In regulation 40 (a claimant who works to be treated as not entitled to an employment and support allowance), in paragraph (2), after sub-paragraph (d) insert—
“(da)duties undertaken in caring for another person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995 and is in receipt of a payment made under that section of that Act;”.
(3) In regulation 97 (earnings of self-employed earners)—
(a)in paragraph (2), after sub-paragraph (b) insert—
“(ba)any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—
(i)to a claimant; or
(ii)where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;”;
(b)after paragraph (2) insert—
“(3) This paragraph applies only where A—
(a)was formerly in the claimant’s care;
(b)is aged 16 or over; and
(c)continues to live with the claimant.”.
14.—(1) The Jobseeker’s Allowance Regulations 2013 are amended as follows.
(2) In regulation 60(2) (earnings of self-employed earners), in sub-paragraph (b), in paragraph (ii)—
(a)after “26” insert “or 26A”;
(b)after “local authority” in the second place where it occurs insert “and duty to provide continuing care”.
15.—(1) The Employment and Support Allowance Regulations 2013(2) are amended as follows.
(2) In regulation 37(7) (a claimant who works to be treated as not entitled to an employment and support allowance), in sub-paragraph (a), in paragraph (ii)—
(a)after “26” insert “or 26A”;
(b)after “local authority” in the second place where it occurs insert “and duty to provide continuing care”.
1995 c.36. Section 26A is inserted by section 67(1) of the Children and Young People (Scotland) Act 2014 (asp 8).
S.I. 2013/379 to which there are amendments which are not relevant to these Regulations.