The Employment and Support Allowance Regulations 2008

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 ; F3 ...

[F4 (c) section 22, 26A, 29 or 30 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance to certain] [F5 young persons); or]

[F5 (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.]

(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 [F6 or section 22, 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons)] 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

[F7 (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 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 Words in Sch. 8 para. 30(1)(b) omitted (3.11.2017) by virtue of The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 13(4)(c)(i)

F4 Sch. 8 para. 30(1)(c) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 8(2)(a)

F5 Sch. 8 para. 30(1)(d) and words inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 13(4)(c)(ii)

F6 Words in Sch. 8 para. 30(2) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 8(2)(b)

F7 Sch. 8 para. 30(3)(b) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 8(2)(c)