The Children (Leaving Care) Social Security Benefits Regulations 2001

Made: 10th September 2001

Laid before Parliament: 10th September 2001

Coming into force: 1st October 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 6(3), (5), (6) and (7) of the Children (Leaving Care) Act 2000 and of all other powers enabling him in that behalf, by this Instrument, which is made before the end of the period of 6 months beginning with the coming into force of the said section 6, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Children (Leaving Care) Social Security Benefits Regulations 2001 and shall come into force on 1st October 2001.

• (2) In these Regulations, unless the context otherwise requires, a reference to a numbered section is to the section of the Children (Leaving Care) Act 2000 bearing that number.

Entitlement to benefits

2

• (1) Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income support, income-based jobseeker’s allowance or income-related employment and support allowance where a person—

• (a) falls within subsection (2)(a) or (b) of that section; and

• (b) falls within a category of person prescribed in—

• (i) provided the person is a lone parent, regulation 13(2)(a) (circumstances in which persons in relevant education may be entitled to income support) of; or

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) paragraph 1, 2, 7, 8, ... 11, ... 24 or 25 of Schedule 1B (prescribed categories of person) to,

the Income Support (General) Regulations 1987 (“the Income Support Regulations”).

• (2) Section 6 shall not apply to a person who falls within subsection (2)(a) or (b) of that section who has not been looked after by a local authority for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989 on or after 1st October 2001.

• (3) Where a person who falls within subsection (2)(a) or (b) of section 6 is residing in Scotland but is not supported by a local authority in England or Wales then, notwithstanding that he has been looked after by such a local authority for the purposes of paragraph 19B of Schedule 2 to the 1989 Act on or after 1st October 2001, section 6 shall not apply to that person provided that he ceased to be so looked after before 1st April 2004.

• (4) In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Ian McCartney — Minister of State, — Department for Work and Pensions — 7th September 2001

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2000 c. 35.

[^f00002]: See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5).

[^f00003]: S.I. 1987/1967; Schedule 1B was inserted by Schedule 1 to S.I. 1996/206; relevant amending instruments are S.I. 1999/2422, 1999/3109, 2000/681, 2000/1922 and 2000/1981.

[^f00004]: 1989 c. 41.

Editorial notes

[^c1562257]: 2000 c. 35.

[^c1562258]: See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5).

[^c1562259]: S.I. 1987/1967; Schedule 1B was inserted by Schedule 1 to S.I. 1996/206; relevant amending instruments are S.I. 1999/2422, 1999/3109, 2000/681, 2000/1922 and 2000/1981.

[^c1562260]: 1989 c. 41.

[^key-4ee17c2a0430bbb8e613c96424f048b4]: Words in reg. 2(3) added (1.4.2004) by Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565), regs. 1(2)(a), 12

[^key-f3ed3cfee4753b7c3d3269134df07f2e]: Words in reg. 2(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 70

[^key-198e84bc30e7a6a68f42584c37d77a7d]: Word in reg. 2(1)(b)(i) added (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(a) (with reg. 3(7))

[^key-c583b3e92ce5bf081cdc811eae151757]: Reg. 2(1)(b)(ii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(b) (with reg. 3(7))

[^key-9a6c2a6de9ea6867a73beb2731c98276]: Words in reg. 2(1)(b)(iii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(3)(c) (with reg. 3(7))

[^key-2abff77faf4ad35b01e824a71c46a47e]: Regulations applied (with modifications) (1.10.2010) by Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No.2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 16(2)(e)(iii) (with reg. 3)