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Statutory Instruments

2001 No. 3074

CHILDREN AND YOUNG PERSONS

SOCIAL SECURITY

The Children (Leaving Care) Social Security Benefits Regulations 2001 cross-notes

Made

10th September 2001

Laid before Parliament

10th September 2001

Coming into force

1st October 2001

M1,M2 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 2000 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 6 , hereby makes the following Regulations:

Citation, commencement and interpretation

1. —(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.

Entitlement to benefits

2. —(1) Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income support [F1 , income-based jobseeker’s allowance or income-related employment and support allowance F1] 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; [F2 or F2]

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) F4,F4 paragraph 1, 2, 7, 8, ... 11, ... 24 or 25 of Schedule 1B (prescribed categories of person) to,

M3 the Income Support (General) Regulations 1987 (“the Income Support Regulations”).

M4 (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 [F5 provided that he ceased to be so looked after before 1st April 2004 F5] .

(4) In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.

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

Status: There are currently no known outstanding effects for the The Children (Leaving Care) Social Security Benefits Regulations 2001.
The Children (Leaving Care) Social Security Benefits Regulations 2001 (2001/3074)
Version from: 1 October 2010

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
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 )
F1 Words in reg. 2(1) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554) , regs. 1(2)(b) , 70 substituted
F2 Word in reg. 2(1)(b)(i) added (30.12.2009) by The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152) , regs. 1 , 3(3)(a) (with reg. 3(7) ) this amendment (text added) should be read in conjunction with other related provisions, see the commentary. added
F3 Reg. 2(1)(b)(ii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152) , regs. 1 , 3(3)(b) (with reg. 3(7) ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F4 Words in reg. 2(1)(b)(iii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152) , regs. 1 , 3(3)(c) (with reg. 3(7) ) this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted
F5 Words in reg. 2(3) added (1.4.2004) by Social Security (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/565) , regs. 1(2)(a) , 12 added
M1 2000 c. 35 .
M2 See section 173(5)(a) of the Social Security Administration Act 1992 (c. 5) .
M3 S.I. 1987/1967 ; Schedule 1B was inserted by Schedule 1 to S.I. 1996/206 ; relevant amending instruments are S.I. 1999/2422 , 1999/3109, 2000/681, 2000/1922 and 2000/1981.
M4 1989 c. 41 .
Defined Term Section/Article ID Scope of Application
lone parent reg. 2. def_339d6e3634
the Income Support Regulations reg. 2. def_f79e647139

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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