The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016

Amendment of the State Pension Credit Regulations 2002

4.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 17B(4)(b) (earnings of self-employed earners), in the inserted paragraph (2)—

(a) for sub-paragraph (b)(ii) substitute—

“(ii) section 26 or 26A of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority and duty to provide continuing care), or”; and

(b) after sub-paragraph (d) insert—

“(da) any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) to a person (“A”) which A passes on to the claimant where A—

(i) was formerly in the claimant’s care;

(ii) is aged 16 or over; and

(iii) continues to live with the claimant;”.

(3) In Part 1 of Schedule 5 (income from capital: capital disregarded for the purpose of calculating income) after paragraph 23C insert—

“23D.— (1) Any payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995.

(2) Subject to sub-paragraph (3), any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 to a person (“A”) which A passes on to the claimant.

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

(a) was formerly in the claimant’s care;

(b) is aged 16 or over; and

(c) continues to live with the claimant.”.

(1)

S.I. 2002/1792; relevant amending instruments are S.I. 2002/3019 and 2010/2429.