PART IGeneral

F1Electronic elections etc.3

The prescribed circumstances for the purposes of section 143(3)(c) of the Benefits Act (absence of child disregarded if in residential accommodation pursuant to certain provisions) are any circumstances in which a child is in residential accommodation pursuant to arrangements made under—

a

where the child has attained the age of 18, section 21 of the National Assistance Act 1948 or under section 12 of the Social Work (Scotland) Act 1968; or

b

ithe provisions specified in paragraph (2),

and such accommodation has been provided solely on account of that child’s disability or because his health would be likely to be significantly impaired, or further impaired, unless such accommodation was provided.

2

The provisions specified for the purposes of paragraph (1)(b) are—

a

the National Health Service (Scotland) Act 1978;

b

the Education (Scotland) Act 1980;

c

the Mental Health (Scotland) Act 1984;

d

the 1989 Act;

e

the 1995 Act.