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.”.
1995 c.36. Section 26A is inserted by section 67(1) of the Children and Young People (Scotland) Act 2014 (asp 8).