8.—(1) Regulation 16 of the principal Regulations(1) (children in detention, care etc.) shall be amended in accordance with the following paragraphs of this regulation.
(2) For paragraph (5) there shall be substituted the following paragraphs—
“(5) Subject to paragraph (5A), for the purposes of paragraph 1(c) of Schedule 9 to the Benefits Act (child in care of a local authority in such circumstances as may be prescribed), the prescribed circumstances are that the child is provided with, or placed in, accommodation under Part III of the 1989 Act or under Part II of the 1995 Act and the cost of that child’s accommodation or maintenance is borne wholly or partly out of local authority funds or any other public funds.
(5A) Paragraph (5) shall only apply to the extent that the child is not in residential accommodation in the circumstances prescribed in regulation 3.”.
(3) For paragraphs (8) and (9) there shall be substituted the following paragraphs—
“(8) For any day in any week in which a child is placed by a local authority in the home of any person in accordance with the provisions of—
(a)the Arrangements for Placement of Children (General) Regulations 1991(2);
(b)the Arrangements to Look After Children (Scotland) Regulations 1996(3);
(c)the Foster Placement (Children) Regulations 1991(4);
(d)the Fostering of Children (Scotland) Regulations 1996(5),
and that local authority is making a payment in respect of either the child’s accommodation or maintenance or both under section 23 of the 1989 Act or under section 26 of the 1995 Act, paragraph (6) shall not apply to that person in relation to that child.
(9) Paragraph (6) shall not apply in respect of any child who—
(a)is being looked after by a local authority; and
(b)has been placed for adoption by that authority in the home of a person proposing to adopt him,
provided that a local authority is making a payment in respect of either the child’s accommodation or maintenance or both under section 23 of the 1989 Act or under section 26 of the 1995 Act.”.