Statutory Instrument 2001 No. 3070

The Children (Leaving Care) Act 2000 (Commencement No. 2 and Consequential Provisions) Order 2001

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© Crown Copyright 2001

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Consequential amendments
     3.  - (1) The consequential amendments effected by this Order shall take effect as from 1st October 2001.

    (2) The Income Support (General) Regulations 1987[2] shall be amended in accordance with Schedule 1 to this Order.

    (3) The Housing Benefit (General) Regulations 1987[3] shall be amended in accordance with Schedule 2 to this Order.

    (4) The Council Tax Benefit (General) Regulations 1992[4] shall be amended in accordance with Schedule 3 to this Order.

    (5) The Jobseeker's Allowance Regulations 1996[5] shall be amended in accordance with Schedule 4 to this Order.



Signed by authority of the Secretary of State for Work and Pensions.


Ian McCartney
Parliamentary Under-Secretary of State, Department for Work and Pensions

7th September 2001

(a) after paragraph (3) of regulation 4ZA[6] (prescribed categories of person) there shall be inserted the following paragraph - 

    " (3A) Paragraph (1) does not apply to a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.";

(b) for paragraph (2)[7] of regulation 14 (persons of a prescribed description) there shall be substituted the following paragraph - 

    " (2) Paragraph (1) shall not apply to a person who is - 


(a) receiving advanced education within the meaning of regulation 12(2)[8] (relevant education);

(b) entitled to income support or would, but for section 134(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; or

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000[9] (exclusion from benefits) applies.";



(c) for the references to "section 17 or 24 of the Children Act 1989" in - 



(i) regulation 41(3)[10] (capital treated as income);

(ii) paragraph 28[11] of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(iii) in paragraph 17[12] of Schedule 10 (capital to be disregarded),



there shall be substituted references to "section 17, 23B, 23C or 24A of the Children Act 1989"[13].

(a) for paragraph (2)[14] of regulation 13 (persons of a prescribed description) there shall be substituted the following paragraph - 

    " (2) Paragraph (1) shall not apply to a person who is - 


(a) on income support or an income-based jobseeker's allowance;

(b) receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987 (relevant education); or

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.";



(b) for the references to "section 17 or 24 of the Children Act 1989" in - 



(i) paragraph 26[15] of Schedule 4 (sums to be disregarded in the calculation of income other than earnings); and

(ii) paragraph 18[16] of Schedule 5 (capital to be disregarded),



there shall be substituted references to "section 17, 23C or 24A of the Children Act 1989".

(a) for paragraph (2)[17] of regulation 5 (persons of a prescribed description) there shall be substituted the following paragraph - 

    " (2) Paragraph (1) shall not apply to a person who is - 


(a) on income support or an income-based jobseeker's allowance;

(b) receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987 (relevant education); or

(c) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.";



(b) for references to "section 17 or 24 of the Children Act 1989" in - 



(i) paragraph 27 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings); and

(ii) paragraph 18 of Schedule 5 (capital to be disregarded),



there shall be substituted references to "section 17, 23C or 24A of the Children Act 1989".

" "young person"[18] means a person - 
(a) who has reached the age of 16 but not the age of 18;

(b) who does not satisfy the conditions in section 2 or whose entitlement to a contribution-based jobseeker's allowance has ceased as a result of section 5(1); and

(c) who is not a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies";



(b) in regulation 76(2)(c) (persons of a prescribed description), for the words "so entitled." there shall be substituted the words - 

" so entitled; or
(d) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies.";



(c) for the references to "section 17 or 24 of the Children Act 1989" in - 



(i) regulation 104(3) (capital treated as income);

(ii) paragraph 29 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings);

(iii) paragraph 22 of Schedule 8 (capital to be disregarded),



there shall be substituted references to "section 17, 23B, 23C or 24A of the Children Act 1989".

[2] S.I. 1987/1967.back

[3] S.I. 1987/1971.back

[4] S.I. 1992/1814.back

[5] S.I. 1996/207.back

[6] Regulation 4ZA was inserted by S.I. 1996/206 and was amended by S.I. 1997/2197 and 2000/636.back

[7] Paragraph (2) was amended by S.I. 1990/547.back

[8] Regulation 12 was substituted by S.I. 1990/547 and amended by S.I. 1992/2155 and 1993/2119.back

[9] 2000 c. 35.back

[10] Regulation 41(3) was amended by S.I. 1988/663, 1989/1043 and 1992/468.back

[11] Paragraph 28 was amended by S.I. 1988/663, 1989/1034 and 1992/468.back

[12] Paragraph 17 was amended by S.I. 1988/1034 and 1992/468.back

[13] Sections 23B and 23C were inserted into the Children Act 1989 (c. 41) by the Children (Leaving Care) Act 2000, section 2(4), and section 24A was inserted by section 4(1) of that Act.back

[14] Paragraph (2) was amended by S.I. 1990/546 and 1996/1510.back

[15] Paragraph 26 was substituted by S.I. 1992/432.back

[16] Paragraph 18 was substituted by S.I. 1992/432.back

[17] Paragraph (2) is amended by S.I. 1996/1510.back

[18] The definition of "young person" was substituted by S.I. 1996/1516.back