The Children (Leaving Care) Social Security Benefits Regulations 2001

• Citation: S.I. 2001/3074
• Sections: 2

Section 1 Citation, commencement and interpretation

(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.

Section 2 Entitlement to benefits

(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.