Paragraph 28 F1

England, Wales and Scotland

(1)

Any payment made by a local authority in accordance with—

(a)

section 17, 23B, 23C or 24A of the Children Act 1989,

(b)

section 12 of the Social Work (Scotland) Act 1968, F2...

(c)

section F322, F426A, 29 or 30 of the Children (Scotland) Act F51995, or

(d)

the following sections of the Social Services and Well-being (Wales) Act 2014—

(aa)

section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or

(bb)

section 109, 110, 114 or 115.

(2)

Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section F622 or F7, 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) to a person (“A”) which A passes on to the claimant.

(3)

Sub-paragraphs (1) and (2) are subject to the following provisions.

(4)

Neither of those sub-paragraphs applies where the claimant is a person—

(a)

to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or

(b)

in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).

(5)

Sub-paragraph (2) applies only where A—

(a)

was formerly in the claimant’s care, and

(F8b)

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.

Annotations

Textual amendments

F1: Sch. 9 para. 28 substituted (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. 2(14)(b)
F2: Word in Sch. 9 para. 28(1)(b) omitted (3.11.2017) by virtue of 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, 2(5)(c)(i)
F3: Word in Sch. 9 para. 28(1)(c) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 2(3)(c)(i)
F4: Words in Sch. 9 para. 28(1)(c) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 2(2)(a)
F5: Words in Sch. 9 para. 28(1)(c) and Sch. 9 para. 28(1)(d) substituted for word in para. 28(1)(c) (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, 2(5)(c)(ii)
F6: Words in Sch. 9 para. 28(2) inserted (1.11.2010) by The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010 (S.I. 2010/2429), regs. 1(2), 2(3)(c)(ii)
F7: Words in Sch. 9 para. 28(2) substituted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 2(2)(b)
F8: Sch. 9 para. 28(5)(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), 2(2)(c)

Notes on the whole SI

Textual amendments

F1: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
F2: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Schedule 9

Modifications

C1: Sch. 9 applied (with modifications) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)
C2: Sch. 9 applied (with modifications) (1.10.2007) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 (S.I. 2007/2590), regs. 1(1), 2(2))