The Children (Leaving Care) Social Security Benefits Regulations 2001
S.I. 2001/3074 · Made 10 September 2001 · Extends to England, Wales and Scotland
CHILDREN AND YOUNG PERSONS
SOCIAL SECURITY
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 2000M1 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 6M2, hereby makes the following Regulations:C1
Annotations to the whole text
Marginal citations
- M1
- M2
See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5).
Modifications
- C1
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)
Contents
1Citation, commencement and interpretation
These Regulations may be cited as the Children (Leaving Care) Social Security Benefits Regulations 2001 and shall come into force on 1st October 2001.
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.
2Entitlement to benefits
Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income supportF1, income-based jobseeker’s allowance or income-related employment and support allowance where a person—
falls within subsection (2)(a) or (b) of that section; and
falls within a category of person prescribed in—
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; F2or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 1, 2, 7, 8, F4... 11, ... 24 or 25 of Schedule 1B (prescribed categories of person) to,
the Income Support (General) Regulations 1987 M1 (“the Income Support Regulations”).
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 M2 on or after 1st October 2001.
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 F5provided that he ceased to be so looked after before 1st April 2004.
In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.
Signature
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)
These Regulations prescribe the categories of cases where section 6 (exclusion from benefits) of the Children (Leaving Care) Act 2000 (c. 35) does not apply in England and Wales.
These Regulations are made before the expiry of 6 months from the commencement of the provisions under which they are made and are accordingly exempt under section 173(5)(a) of the Social Security Administration Act 1992 (c. 5) from reference to the Social Security Advisory Committee and have not been so referred.
These Regulations do not impose a charge on business.