[F128A.—(1) Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 [F2or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) [F3or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people)]] to a person (“A”) which A passes on to the claimant.E+W+S
(2) Sub-paragraph (1) applies only where A—
(a)was formerly in the claimant’s care, and
[F4(b)is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and]
(c)continues to live with the claimant.]
Textual Amendments
F1Sch. 5 para. 28A inserted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/698), reg. 6(5)(a)
F2Words in Sch. 5 para. 28A(1) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 6(2)(b)(i)
F3Words in Sch. 5 para. 28A(1) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 11(7)(d)
F4Sch. 5 para. 28A(2)(b) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 6(2)(b)(ii)