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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments in consequence of the Children and Young People (Scotland) Act 2014 (2014 asp 8) (“the Act”). The Act inserted a new section 26A into the Children (Scotland) Act 1995 which places a duty on local authorities to provide ‘continuing care’ to eligible people who have ceased to be looked after by the local authority.

Article 2 amends Schedules 9 and 10 to the Income Support (General) Regulations 1987 (S.I. 1987/1967). The amendment of Schedule 9 has the effect that any payments in the form of income made by a local authority with respect to a person who is the subject of the continuing care arrangements are disregarded when calculating the claimant’s income support. The amendment of Schedule 10 has the same effect with respect to any payments that are made in the form of capital.

Articles 3, 4 and 6 to 8 make similar provision for the disregard of payments made in the form of income and capital with respect to the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the State Pension Credit Regulations 2002 (S.I. 2002/1792), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) and the Employment and Support Allowance Regulations 2008 (S.I. 2008/794).

Currently, regulation 2 of the Children (Leaving Care) Social Security Benefits (Scotland) Regulations 2004 (S.I. 2004/747) (“the 2004 Regulations”) excludes from entitlement to income-based jobseeker’s allowance, income support and housing benefit a person who has ceased to be “looked after” by a local authority in Scotland and to whom the local authority is obliged to provide advice, guidance and assistance under section 29(1) of the Children (Scotland) Act 1995 (c. 36), where the other conditions in regulation 2(2) are met. However, where a person falls within the category in regulation 2(3)(b) of the 2004 Regulations (persons who are sick or disabled or lone parents), he or she is only excluded from entitlement to housing benefit.

Article 5 of this Order amends regulation 2 of the 2004 Regulations to add a reference to a person to whom a local authority in Scotland is obliged to provide continuing care (accommodation and other assistance) under section 26A of the Children (Scotland) Act 1995 (as inserted by section 67(1) of the Act) where that person has ceased to be “looked after” by the local authority.

This has the effect that such a person is excluded from entitlement to income-based jobseeker’s allowance, income support and housing benefit on the same basis as a person to whom the local authority owes an obligation to provide advice, guidance and assistance under section 29(1) of the Children (Scotland) Act 1995.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.