The Social Security and Child Support (Care Payments and Tenant Incentive Scheme) (Amendment) Regulations 2017

Amendment of the Income Support (General) Regulations 1987

10.—(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 6 (persons not treated as engaged in remunerative work), in paragraph (1), after sub-paragraph (k) insert—

“(ka) he is engaged in caring for a person who is provided with continuing care by a local authority by virtue of arrangements made under section 26A of the Children (Scotland) Act 1995(1) (duty to provide continuing care) and is in receipt of a payment made under that section of that Act;”.

(3) In regulation 37 (earnings of self-employed earners)—

(a) in paragraph (2), after sub-paragraph (b) insert—

“(ba) any payment made in accordance with section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care)—

(i) to a claimant; or

(ii) where paragraph (3) applies, to another person (“A”) which A passes on to the claimant;”;

(b) after paragraph (2) insert—

“(3) This paragraph applies only 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)

1995 c.36. Section 26A is inserted by section 67(1) of the Children and Young People (Scotland) Act 2014 (asp 8).