Who can get financial support

Care leavers excluded from UC, IS, income-based JSA and HB should get financial assistance from the local authority. Care leavers aged 16 and 17 who are not excluded from UC, IS or income-based JSA (eg, lone parents) do not normally get regular financial assistance from the local authority.1Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.10 Where they are excluded from claiming the housing costs element of UC (and HB) the local authority must, where necessary, provide suitable accommodation (see here).2Reg 14 SAYPLC(S) Regs

 

1     Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.10  »

2     Reg 14 SAYPLC(S) Regs »

If you are living with your family

If you fall within the definition of care leaver, but have gone back to live with your family (see here), you are not excluded from IS, income-based JSA and HB unless you are getting regular financial help from the local authority under section 29(1) of the Children (Scotland) Act 1995. You only get regular financial help from the local authority if it considers that you would otherwise experience severe hardship.This rule is now of limited relevance as most people cannot make a new claim for IS, income-based JSA or HB and have to claim UC instead.

If you have returned to live with your family, the local authority decides you should not be given any regular financial assistance and you are still a qualifying young person (see here), your parent may be able to get benefits/tax credits for you. This may apply if, for example, you are still at school, or at college on a non-advanced course.

Note: for UC, there are no special rules about care leavers who have returned to live with their family. This means that, unless you come within one of the exceptions set out on here, you are still excluded from UC if you have returned to live with your family even if you do not get any support from the local authority.