PART 3AMENDMENTS RELATING TO THE TREATMENT OF CONTINUING CARE PAYMENTS IN SOCIAL SECURITY BENEFITS

Amendment of the Income Support (General) Regulations 198710

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 199517 (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.