OpenLegislation

Article 8 Amendment of the Employment and Support Allowance Regulations 2008

Original text. Later amendments are not shown.

(1)

The Employment and Support Allowance Regulations 2008f1 are amended as follows.

(2)

In paragraph 30 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a)

for sub-paragraph (1)(c) substitute—

“(c)

section 22, 26A, 29 or 30 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 to certain young persons).”;

(b)

in sub-paragraph (2), for the words from “or section 22” to “their care)” substitute “or section 22, 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)”; and

(c)

for sub-paragraph (3)(b) substitute—

“(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”.

(3)

In paragraph 22 of Schedule 9 (capital to be disregarded)—

(a)

for sub-paragraph (1)(c) substitute—

“(c)

section 26A, 29 or 30 of the Children (Scotland) Act 1995 (local authorities’ duty to provide continuing care and provision of advice and assistance for certain young persons).”;

(b)

in sub-paragraph (2), for the words from “ or section 29” to “their care)” substitute “or 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)”; and

(c)

for sub-paragraph (3)(b) substitute—

“(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”.

Annotations

Footnotes

f1

S.I. 2008/794, amended by S.I. 2010/2429.