Paragraph 22 F1
Any payment made by a local authority in accordance with—
section 17, 23B, 23C or 24A of the Children Act 1989,
section 12 of the Social Work (Scotland) Act 1968, F2...
the following sections of the Social Services and Well-being (Wales) Act 2014—
section 37 or 38, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or
section 109, 110, 114 or 115.
Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 F5or 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) to a person (“A”) which A passes on to the claimant.
Sub-paragraphs (1) and (2) are subject to the following provisions.
Neither of those sub-paragraphs applies where the claimant is a person who is, or would be, prevented from being entitled to a jobseeker’s allowance by section 14 (trade disputes).
Sub-paragraph (2) applies only where A—
was formerly in the claimant’s care, and
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
continues to live with the claimant.
Annotations
Textual amendments
- F1
Sch. 8 para. 22 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. 4(17)(b)
- F2
Word in Sch. 8 para. 22(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, 6(8)(a)(i)
- F3
Word in Sch. 8 para. 22(1)(c) inserted (5.8.2016) by The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016 (S.I. 2016/732), arts. 1(1), 3(3)(a)
- F4
Words in Sch. 8 para. 22(1)(c) substituted (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, 6(8)(a)(ii)
- F5
Words in Sch. 8 para. 22(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), 3(3)(b)
- F6
Sch. 8 para. 22(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), 3(3)(c)
Notes on the whole SI
Textual amendments
- F1
- F2
Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
- F3
1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
- F4
1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
- F5
See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).
Notes on Schedule 8
Modifications
- C1
Sch. 8 modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 17