The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

The Housing Benefit Regulations 2006

23.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)(2), in the definition of “young individual” after paragraph (h) insert—

“or

(i) who is a person who has not attained the age of 22 years and has ceased to be subject to a compulsory supervision order within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which had continued after that person attained the age of 16 years, other than a case where—

(i) the section 67 ground (within the meaning of that Act) was based on the sole condition as to the need for compulsory measures of supervision specified in section 67(2)(j) (the child has committed an offence)of the 2011 Act; or

(ii) that person was required by virtue of the compulsory supervision order to reside with a parent or guardian of that person within the meaning of the 1995 Act, or with a friend or relative of that person or of that person’s parent or guardian;”.

(3) In regulation 13D(2)(a)(ii) (determination of a maximum rent (LHA))(3), after “paragraphs (b) to (f)” insert “or (i)”.

(4) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)(4)—

(a) in paragraph (3)(a), after “boarded out”, insert “or placed”; and

(b) in paragraph (6)—

(i) omit the final “and”; and

(ii) at the end insert “and the Children’s Hearings (Scotland) Act 2011.”.

(1)

S.I. 2006/213.

(2)

There have been amendments to regulation 2 which are not relevant to this Order.

(3)

Regulation 13D was inserted by S.I. 2007/2868. There have been amendments to regulation 13D which are not relevant to this Order.

(4)

Regulation 21(3)(a) was amended by the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regulation 2(3); and regulation 21(6) was amended by the Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order (S.I. 2011/1740), schedule 1(2), paragraph 39(3)(b).