The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) In regulation 60 (young persons at the end of the child benefit extension period), in paragraph (1), for sub-paragraph (a) substitute—

“(a) a person who has ceased to live in accommodation provided for him by a local authority under—

(i) Part 3 of the Children Act 1989 (local authority support children and families), or

(ii) Part 4 (meeting needs) or 6 (looked after and accommodated children) of the Social Services and Well-being (Wales) Act 2014, and

is of necessity living away from his parents and any person acting in place of his parents;”.

(3) In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—

(a) in paragraph (4), after sub-paragraph (a) insert—

“(aa) placed with the claimant or his partner by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014; or”;

(b) in paragraph (9)—

(i) in sub-paragraph (za), at the end of paragraph (iii) insert—

“ or

(iv) in Wales, under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);”;

(ii) in sub-paragraph (a) for “and the Children Act 1989” substitute “, the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014”.

(4) In regulation 131 (calculation of grant income), in paragraph (2)(j), after “1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.

(5) In regulation 140 (meaning of “person in hardship”), in paragraph (1)(k)—

(a) in paragraph (i), after “1989” insert “or the Social Services and Well-being (Wales) Act 2014”;

(b) in paragraphs (ii) and (iii), for “that Act” substitute “either of those Acts”.

(6) In regulation 146A (meaning of “couple in hardship”), in paragraph (1)(h)—

(a) in paragraph (i), after “1989” insert “or the Social Services and Well-being (Wales) Act 2014”;

(b) in paragraphs (ii) and (iii), for “that Act” substitute “either of those Acts”.

(7) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 27, after sub-paragraph (a)(i) insert—

“(ia) section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),”;

(b) in paragraph 28, after sub-paragraph (dza) insert—

“(dzb) the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);”;

(c) in paragraph 29, in sub-paragraph (1)—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “1995.” substitute—

“1995, or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.”;

(d) in paragraph 31, in sub-paragraph (1)(e), at the end insert “or Part 4 of the Social Services and Well-being (Wales) Act 2014 (meeting needs) other than any direct payment made in accordance with regulations made under section 50 or 52 of that Act”;

(e) in paragraph 32, in sub-paragraph (2)(b), at the end insert “or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult)”;

(f) in paragraph 56, at the end insert “or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”;

(g) in paragraph 64, after “2014,” insert “or the provision of care and support under Part 4 of the Social Services and Well-being (Wales) Act 2014,”.

(8) In Schedule 8 (capital to be disregarded)—

(a) in paragraph 22, in sub-paragraph (1)—

(i) at the end of paragraph (b) omit “or”;

(ii) in paragraph (c) for “1995.” substitute—

“1995, or

(d) the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa) section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb) section 109, 110, 114 or 115.”;

(b) in paragraph 41, after “1958” insert “or under Part 4 of the Social Services and Well-being (Wales) Act 2014”;

(c) in paragraph 60, at the end insert “, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.

(1)

S.I. 1996/207; relevant amending instruments are S.I. 1997/65, 1998/583, 1998/2117, 2000/239, 2000/1978, 2001/3767, 2003/762, 2003/2279, 2004/1748, 2005/2687, 2008/698, 2009/583, 2009/2655, 2010/641, 2010/2429, 2011/1740, 2014/513, 2015/643 and 2016/732.