Amendment to the Qualifying Care Relief (Specified Social Care Schemes) Order 20112

1

The Qualifying Care Relief (Specified Social Care Schemes) Order 20112 is amended as follows.

2

For article 2(b) substitute—

b

in Scotland, to whom section 17(6) of the Children (Scotland) Act 19953 applies, and

3

In article 2 in the appropriate place insert—

  • “school age” has the meaning given in section 31 of the Education (Scotland) Act 19804,

4

For article 3 substitute —

3

For the purposes of paragraph (c) of subsection (2) of section 806A, a specified social care scheme means a scheme, service or arrangement that provides—

a

adult placement care (article 4),

b

kinship care (article 5),

c

staying put care (article 6), or

d

for a parent and his or her child to live with Y (article 7).

5

For article 6 substitute—

6

1

A specified social care scheme in relation to staying put care must meet Conditions A to D.

2

Condition A is that X—

a

has reached the age of 18 but is under 21, or

b

is—

i

in further education,

ii

in higher education, or

iii

pursuing vocational training.

3

In Scotland, Condition A is also met where X—

a

is over school age but under 19 years, and

b

was, at the time when he ceased to be of school age or at any subsequent time, a looked after child.

4

Condition B is that, if X is aged 18 years or over, immediately before reaching 18 years X was a looked after child.

5

In Scotland, where Condition A is met as described in paragraph (3), Condition B need not be met.

6

Condition C is that Y receives payment from L for providing staying put care to X.

7

Condition D is that X has a pathway plan.

6

After article 6 insert—

Specified social care schemes providing for a parent and his or her child to live with Y7

1

A specified social care scheme providing for a parent and his or her child to live with Y must meet Conditions A to C in this regulation.

2

Condition A is that L has arranged for the parent and child to live with Y.

3

Condition B is that Y provides care for the parent and child.

4

Condition C is that Y receives payment from L for providing the accommodation and care for the parent and child.