The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001

Article 3(2)

SCHEDULE 1 Amendment of the Income Support (General) Regulations 1987

In the Income Support (General) Regulations 1987—

(a) after paragraph (3) of regulation 4ZA(1) (prescribed categories of person) there shall be inserted the following paragraph—

“(3A) Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.”;

(b) for paragraph (2)(2) of regulation 14 (persons of a prescribed description) there shall be substituted the following paragraph—

“(2) Paragraph (1) shall not apply to a person who is—

(a) receiving advanced education within the meaning of regulation 12(2)(3) (relevant education);

(b) entitled to income support or would, but for section 134(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; or

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000(4) (exclusion from benefits) applies.”;

(c) for the references to “section 17 or 24 of the Children Act 1989” in—

(i) regulation 41(3)(5) (capital treated as income);

(ii) paragraph 28(6) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(iii) in paragraph 17(7) of Schedule 10 (capital to be disregarded),

there shall be substituted references to “section 17, 23B, 23C or 24A of the Children Act 1989”(8).

(1)

Regulation 4ZA was inserted by S.I. 1996/206 and was amended by S.I. 1997/2197 and 2000/636.

(2)

Paragraph (2) was amended by S.I. 1990/547.

(3)

Regulation 12 was substituted by S.I. 1990/547 and amended by S.I. 1992/2155 and 1993/2119.

(4)

2000 c. 35.

(5)

Regulation 41(3) was amended by S.I. 1988/663, 1989/1043 and 1992/468.

(6)

Paragraph 28 was amended by S.I. 1988/663, 1989/1034 and 1992/468.

(7)

Paragraph 17 was amended by S.I. 1988/1034 and 1992/468.

(8)

Sections 23B and 23C were inserted into the Children Act 1989 (c. 41) by the Children (Leaving Care) Act 2000, section 2(4), and section 24A was inserted by section 4(1) of that Act.