keep The Children and Young People (Scotland) Act 2014 (Consequential Modifications) Order 2016
This Order extends the Children (Scotland) Act 2014 provisions to various UK-wide social security benefit regulations (Income Support, Jobseeker's Allowance, State Pension Credit, Housing Benefit, Employment and Support Allowance). It adds section 26A of the Children (Scotland) Act 1995 (duty to provide continuing care) to lists of payments that are disregarded when calculating income and capital for means-tested benefits. It also specifies age thresholds (16+ for section 26A payments, 18+ for others) and establishes rules for pass-through payments where a young person in continuing care passes payments to their former carer.
Without this Order, young persons aged 16-17 receiving continuing care payments under section 26A of the Children (Scotland) Act 1995 would have these payments counted as income/capital for means-tested benefits, effectively penalising vulnerable looked-after children transitioning to independence. The Order ensures the policy intent of the Children (Scotland) Act 2014 is honoured without expanding welfare spending. While the underlying means-tested benefit system involves government intervention, this technical modification prevents a specific unintended consequence: leaving young care leavers worse off than if they received no continuing care support.