40.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.
(2) In regulation 2(1) (interpretation) in the definition of “young individual” in paragraph (e) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made”.
(3) In regulation 13D (determination of a maximum rent (LHA)) in paragraph (12) in the definition of “care leaver” in sub-paragraph (d) after “Schedule 3 to that Act” insert “or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made,”.
(4) In regulation 21 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a)in paragraphs (3)(c) and (4)(c) for “the Adoption Agencies (Scotland) Regulations 1996” substitute “the Adoption Agencies (Scotland) Regulations 2009”;
(b)in paragraph (6) for “the Adoption (Scotland) Act 1978” substitute “the Adoption and Children (Scotland) Act 2007”.
The relevant amending instrument is S.I. 2007/2869.