4. Other help from the local authority

• Help with accommodation
• Support once you are 18
• Using local authority payments to pay your carer

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 19 or over 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 must assess your needs. If you have eligible needs which cannot be met other than by the local authority, then the local authority must provide advice, guidance and assistance to meet those needs.2s29(5A) C(S)A 1995 ‘Eligible needs’ can be financial support to meet accommodation or maintenance costs; support to help you access education, training, employment, leisure and skills-related opportunites; and other information or advice to support your wellbeing.3Reg 2 A(EN)(S)O The local authority can continue to provide advice, guidance and assistance beyond your 26th birthday but is not required to do so.4s29(5B) C(S)A 1995

 

1     s29(1) C(S)A 1995 »

2     s29(5A) C(S)A 1995 »

3     Reg 2 A(EN)(S)O »

4     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-related employment and support allowance and housing benefit are calculated, provided:1ESA Sch 8 para 30 ESA Regs
HB Sch 5 para 28A(1) HB Regs; reg 29 HB(SPC) 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, any payment made by the local authority which you pass on to them is ignored.2Reg 66 UC Regs

 

1     ESA Sch 8 para 30 ESA Regs
HB Sch 5 para 28A(1) HB Regs; reg 29 HB(SPC) Regs »

2     Reg 66 UC Regs »