PART 5Effect of time spent in care homes and in legal detention
F1Entitlement to care component beginning while in alternative accommodationI120
1
This regulation applies where an individual is resident in a care home or in legal detention on the day on which entitlement to F2the care component of Child Disability Payment begins.
2
On and after that day, and for so long as the individual continues to reside in a care F3home , or be in legal detention, the value of the care component of Child Disability Payment that is to be given to the individual is £0 instead of the values set out in regulation 23 (amount and form of Child Disability Payment).
3
Paragraphs (1) and (2) do not apply where the costs of any qualifying services whilst resident in a care home are met—
a
entirely out of the resources of the individual for whom the qualifying services are provided,
b
partly out of the resources of the individual for whom the qualifying services are provided and partly out of the resources of another person (other than a local authority) or assistance from a charity, or
c
entirely out of the resources of another person (other than a local authority) or assistance from a charity.
4
For the purposes of this regulation an individual is not resident in a care home during any period when the individual is being looked after by a local authority and—
a
has been placed temporarily in a private dwelling with a family, relative or some other suitable person while—
i
under the age of 16,
ii
aged between 16 and 18 and receiving services under Part II of the Children (Scotland) Act 1995 by virtue of being a child in need within the meaning of section 93(4)(a)(ii) (impairment of health), or 93(4)(a)(iii) (disability) of that Act, or
b
is accommodated in a care home outside the United Kingdom, where the costs of any qualifying services are met F4wholly or partly by a local authority exercising its powers under section 25 of the Education (Additional Support for Learning) (Scotland) Act 2004.