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Children's Handbook Scotland | 2022/23

1. Universal credit
Most care leavers aged 16 and 17 are not able to claim universal credit (UC). For UC, you are a care leaver if:1Reg 8(1), (2) and (4) UC Regs
    you are 16 or over; and
    you were looked after (see below) by the local authority for at least three months since the age of 14 (the three-month period does not have to be continuous). Any period during which you were placed with a member of your family is disregarded when calculating the three months; 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.
If this applies to you, you cannot normally get UC (see here for exceptions).
If you are aged 16 or 17 and you are in a continuing care arrangement and were looked after for at least three months since age 14, you cannot normally get UC (see here for exceptions). Again, in counting the three months, any period during which you were placed with a member of your family is disregarded.
If you are aged 16 or 17 and you are still looked after by the local authority, you cannot normally get UC (see here for exceptions).
‘Looked after’ means:2s17(6) C(S)A 1995
    the local authority provides you with accommodation under section 25 of the Children (Scotland) Act 1995; or
    you are subject to a compulsory supervision order or interim supervision order under the Children’s Hearing (Scotland) Act 2011; or
    you are subject to a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 (or you were subject to a parental responsibilities order under section 86 of the Children (Scotland) Act 1995);3Art 13 Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 No.267 or
    you have been moved to Scotland from another part of the UK, and are subject to an order made under section 33 of the Children (Scotland) Act 1995 or under section 190 of the Children’s Hearings (Scotland) Act 2011.
 
1     Reg 8(1), (2) and (4) UC Regs »
2     s17(6) C(S)A 1995 »
3     Art 13 Adoption and Children (Scotland) Act 2007 (Commencement No.4, Transitional and Savings Provisions) Order 2009 No.267 »
Exceptions
There are some exceptions to this rule. You are not excluded from UC but you still cannot get the housing element of UC if you are a ‘care leaver’ (as defined above) and:1Reg 8(1) and (2) and Sch 4 para 4 UC Regs
    are responsible for a child; or
    are a member of a couple and your partner is responsible for a child; or
    have limited capability for work or are waiting for an assessment to establish whether you have limited capability for work.
These exceptions also apply to 16/17 year olds who are still looked after by the local authority or who are in continuing care.
 
1     Reg 8(1) and (2) and Sch 4 para 4 UC Regs »