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.