The Employment and Support Allowance Regulations 2008 No. 794

SCHEDULE 8 E+W+S SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

30.—(1) Any payment made by a local authority in accordance with— E+W+S

(a) section 17, 23B, 23C or 24A of the Children Act 1989 F1 ;

(b) section 12 of the Social Work (Scotland) Act 1968 F2 ; or

(c) section [F3 22,] 29 or 30 of the Children (Scotland) Act 1995 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care).

(2) Subject to paragraph (3), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section [F4 22 or] 29 of the Children (Scotland) Act 1995 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.

(3) Sub-paragraph (2) applies only where A—

(a) was formerly in the claimant's care; and

(b) is aged 18 or over; and

(c) continues to live with the claimant.

Textual Amendments

F1 1989 c. 41. Sections 23B, 23C and 24A were substituted by the Children (Leaving Care) Act 2000 (c. 35), sections 2 and 4.

F2 1968 c. 49.

F3 Word in Sch. 8 para. 30(1)(c) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 11(4)(b)

F4 Words in Sch. 8 para. 30(2) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 11(4)(c)