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Children's Handbook Scotland | 2022/23

4. Other help from the local authority
Financial support is only one form of help available to young care leavers from the local authority. This section provides a short description of the help and support you should expect. For more information, see the government’s guidance, Supporting Young People Leaving Care in Scotland.1Scottish government guidance, Supporting Young People Leaving Care in Scotland, available at gov.scot/publications/supporting-young-people-leaving-care-scotland-regulations-guidance-services-young
 
1     Scottish government guidance, Supporting Young People Leaving Care in Scotland, available at gov.scot/publications/supporting-young-people-leaving-care-scotland-regulations-guidance-services-young »
Help with accommodation
The local authority must provide, where necessary, suitable accommodation.1Reg 14 SAYPLC(S) Regs When considering what is suitable, the local authority should, as far as it is reasonably practicable, take into account your views, your health, any needs you have arising from disability, and your education, training and employment needs.2Reg 14 SAYPLC(S) Regs Guidance suggests that you should not be placed in unsuitable bed and breakfast or hostel accommodation, and that factors such as being close to support networks should be taken into account.3Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 9.3
 
1     Reg 14 SAYPLC(S) Regs »
2     Reg 14 SAYPLC(S) Regs »
3     Scottish government guidance, Supporting Young People Leaving Care in Scotland, 2004, para 9.3 »
Support once you are 18
The local authority’s responsibility to support you does not end when you are 18. Unless the local authority is satisfied that your welfare does not require it, it is obliged to advise, guide and assist you if you:1s29(1) C(S)A 1995
    were looked after by the local authority at your 16th birthday; and
    are no longer looked after; and
    are not yet 19.
This assistance can include financial help.
If you are aged over 18 and under 26 and you were looked after at your 16th birthday, you can request advice, guidance and assistance from the local authority. The local authority may help you, unless it is satisfied that your welfare does not require it.2s29(2) C(S)A 1995 The local authority can continue to provide advice, guidance and assistance beyond your 26th birthday but is not required to do so.3s29(5B) C(S)A 1995
 
1     s29(1) C(S)A 1995 »
2     s29(2) C(S)A 1995 »
3     s29(5B) C(S)A 1995 »
Using local authority payments to pay your carer
If you get payments from the local authority and give some or all of the money to a person who is caring for you, there are special rules about how that money is treated. These rules affect your carer’s benefits.
If you give some or all of the payment to another person, the payment is ignored when that person’s income support, income-based jobseeker’s allowance, income-related employment and support allowance, housing benefit and council tax reduction are calculated, provided:1IS Sch 9 para 28(2) IS Regs
JSA Sch 7 para 29(2) JSA Regs
ESA Sch 8 para 30 ESA Regs
HB Sch 5 para 28A(1) HB Regs; reg 29 HB(SPC) Regs
CTR Sch 4 para 33 CTR(S) Regs; reg 27(1) CTR(SPC)(S) Regs
    you live with that person; and
    that person previously looked after you; and
    you are aged 18 or over.
If you are in continuing care (see here) and you are 16 or over, this rule also applies to your carer.
If your carer is on universal credit, payment made by the local authority which you pass on to her/him is ignored.2Reg 66 UC Regs
 
1     IS Sch 9 para 28(2) IS Regs
JSA Sch 7 para 29(2) JSA Regs
ESA Sch 8 para 30 ESA Regs
HB Sch 5 para 28A(1) HB Regs; reg 29 HB(SPC) Regs
CTR Sch 4 para 33 CTR(S) Regs; reg 27(1) CTR(SPC)(S) Regs
 »
2     Reg 66 UC Regs »