3. Financial support from the local authority for 16/17-year-old care leaversWho can get financial supportThe amount of helpHow you are paidTreatment of local authority payments for benefitsLocal authorities are responsible for providing financial support and accommodation to 16/17-year-old care leavers who are excluded from universal credit (UC).1Regs 13 and 14 SAYPLC(S) Regs The local authority that last looked after you is responsible for supporting you. This remains the case even if you subsequently move to an area covered by a different local authority,2Reg 2 SAYPLC(S) Regs although in this situation, the local authority to which you have moved might take on the responsibility for supporting you.3Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 5.2 Note: this section does not describe ‘continuing care’ assistance. See the Scottish government’s guidance on continuing care for more information.4Scottish government, Children and Young People (Scotland) Act 2014: Guidance on Part 11: continuing care, 2016 1 Regs 13 and 14 SAYPLC(S) Regs »2 Reg 2 SAYPLC(S) Regs »3 Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 5.2 »4 Scottish government, Children and Young People (Scotland) Act 2014: Guidance on Part 11: continuing care, 2016 »Who can get financial supportCare leavers excluded from UC should get financial assistance from the local authority. Care leavers aged 16 and 17 who are not excluded from UC (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, 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 » The amount of helpThe amount you are paid by the local authority should be at least equal to the amount you would be paid if you were not excluded from the relevant benefit, which in most cases will be UC.1Reg 13(3) and (6)(a) SAYPLC(S) Regs, as amended by reg 16 of the Welfare Reform (Consequential Amendments) (Scotland) (No.2) Regulations 2013 No.137 The 2021/22 rate of UC standard allowance for a single person aged under 25 is £344 a month, which is £79.38 a week. Note: this UC rate is expected to reduce in October 2021 to £257.33 a month (£59.38 a week).This is the minimum you should be paid. The local authority should carry out an assessment of your needs, and the guidance suggests that support should include amounts for utility bills, food/household goods, laundry, insurance, clothing, travel and leisure.2Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.2 The local authority has the discretion to reduce the payments to take into account earnings and savings. The guidance suggests it should do so in the same way as the Department for Work and Pensions. The guidance specifically states that criminal injuries compensation payments should be ignored and therefore should not affect the amount you get.3Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.6 The local authority should not take into account as income anything which would be ignored if you were claiming means-tested benefits – eg, personal independence payment, disability living allowance or child disability payment.4Reg 13(3) SAYPLC(S) Regs 1 Reg 13(3) and (6)(a) SAYPLC(S) Regs, as amended by reg 16 of the Welfare Reform (Consequential Amendments) (Scotland) (No.2) Regulations 2013 No.137 »2 Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.2 »3 Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.6 »4 Reg 13(3) SAYPLC(S) Regs » How you are paidPayments are usually paid directly into your bank account, although local authorities can use another method of payment if it is appropriate.1Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.1 It is also possible for the local authority to provide assistance in kind. The guidance suggests that this might be appropriate if there is reason to believe that cash payments are likely to be spent on drugs.2Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.9 1 Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.1 »2 Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 8.9 » Treatment of local authority payments for benefitsIt is unlikely that you will be receiving regular payments from the local authority while also receiving a means-tested benefit because of the rules described above, but if you are, payments made under section 29 of the Children (Scotland) Act 1995 (payments to care leavers) and payments made under section 26A of the Children (Scotland) Act 1995 (continuing care) are disregarded for UC, income support, income-based jobseeker’s allowance, income-related employment and support allownce and housing benefit.1UC Reg 66 UC RegsIS Sch 9 para 28(1)(c) IS RegsJSA Sch 7 para 29(1)(c) JSA RegsESA Sch 8 para 30(1)(c) ESA RegsHB Sch 5 para 28 HB Regs Section 29 payments are disregarded for council tax reduction.2Sch 4 para 32 CTR(S) Regs 1 UC Reg 66 UC RegsIS Sch 9 para 28(1)(c) IS RegsJSA Sch 7 para 29(1)(c) JSA RegsESA Sch 8 para 30(1)(c) ESA RegsHB Sch 5 para 28 HB Regs »2 Sch 4 para 32 CTR(S) Regs »