2. Income support, income-based jobseeker’s allowance and housing benefit
Note: most young people who need to claim a means-tested benefit now have to claim universal credit (UC). This means the rules about income support (IS), income-based jobseeker’s allowance (JSA) and housing benefit (HB) are no longer relevant for many young people.
Most care leavers aged 16 or 17 cannot get HB and cannot get IS or income-based JSA. However, see here for exceptions. You are a care leaver for these purposes if:1Reg 2(2) C(LC)SSB(S) Regs •you are 16 or over; and
•you were looked after and accommodated by the local authority for at least 13 weeks since the age of 14; and
•you were looked after by the local authority at your 16th birthday or after that date; and
•you are no longer looked after by the local authority; and
•you are not living with your family (see here), or you are living with your family and are receiving regular financial support from the local authority under section 29(1) of the Children (Scotland) Act 1995.
Note: if you are in ‘continuing care’, these rules apply to you if all the bullet points above apply.2Reg 2(2)(b) C(LC)SSB(S) Regs ‘Accommodated’ means provided with accommodation by the local authority, requiring you to live in a specified place, unless that specified place is with your own family.3Reg 2(4)(b) C(LC)SSB(S) Regs The 13-week period does not have to be a continuous period. When calculating the 13-week period, do not include any pre-planned short-term placements (such as respite) of four weeks or less if you returned to your family at the end of the placement.4Reg 2(4)(a) C(LC)SSB(S) Regs ‘Family’ includes anyone who has parental responsibility for you (except the local authority) and anyone with whom you were living before being looked after by the local authority.5Reg 2(4)(c) C(LC)SSB(S) Regs You are still defined as a care leaver (and, therefore, cannot claim IS, income-based JSA or HB) if you live with your family and the local authority provides regular financial support under section 29(1) of the Children (Scotland) Act 1995 (see here).