Children (Leaving Care) Act 2000
In Part II of Schedule 2 to the Children Act 1989 (“the 1989 Act”), which contains provision as to children being looked after by local authorities, after paragraph 19 insert—.
The 1989 Act is amended as follows.
In section 22 (general duty of local authority in relation to children looked after by them), in subsection (1), at the end of paragraph (b) insert “ , apart from functions under sections 23B and 24B ”.
In the heading before section 24, at the end insert “ and young persons ”.
After that heading insert the following new sections—.
In the 1989 Act, after section 23C insert—.
For section 24 of the 1989 Act (advice and assistance for certain children), substitute the following sections—.
If subsection (1) comes into force before the commencement of section 11 of the Care Standards Act 2000— and paragraph 14(4) of Schedule 4 to the Care Standards Act 2000 (which amends section 24 of the 1989 Act) is repealed.
until that commencement, the references to a “private children’s home” in sections 24(2)(c) and 24C(2)(a) of the 1989 Act as substituted by subsection (1) are to be read as references to a registered children’s home; and
until that commencement, the references to any “care home or independent hospital” in sections 24(2)(d)(ii) and 24C(2)(c), as so substituted, are to be read as references to any residential care home, nursing home or mental nursing home,
In the 1989 Act, after section 24C insert—.
No person is entitled to income-based jobseekers allowance under the Jobseekers Act 1995, or to income support or housing benefit under the Social Security Contributions and Benefits Act 1992, while he is a person to whom this section applies.
Subject to subsection (3), this section applies to—
an eligible child for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989;
a relevant child for the purposes of section 23A of that Act; and
a category 1 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;
any person of a description prescribed in regulations under subsection (4).
a category 2 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;
The Secretary of State may by regulations provide that this section does not apply to a person who falls within subsection (2)(a) or (b) but who also falls within such category or description, or satisfies such conditions, as may be prescribed in the regulations.
The Secretary of State may make regulations prescribing descriptions of person who do not fall within subsection (2)(a) or (b) but who—
have been looked after by a local authority in Scotland (within the meaning of section 17(6) of the Children (Scotland) Act 1995); and
otherwise correspond (whether or not exactly) to eligible or relevant children.
The Secretary of State may in regulations make such transitional, consequential and saving provision as he considers necessary or expedient in connection with the coming into force of this section.
Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
Powers to make regulations under this section include power to make different provision for different areas.
Powers to make regulations under this section are exercisable by statutory instrument.
No statutory instrument containing regulations under subsection (4) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
A statutory instrument containing regulations under subsection (3) or (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The 1989 Act is amended as follows.
In section 17 (provision of services for children in need, their families and others), in subsection (5)(a), for “23 or 24” substitute “ 23, 23B to 23D, 24A or 24B ”.
In section 29 (recoupment of cost of providing services etc.)—
at the beginning of subsection (9), insert “ Except where subsection (10) applies, ”; and
after subsection (9) insert—.
In Part I of Schedule 2 (provision of services for families), in paragraph 1(2)(a)(i), for “20 and 24” substitute “ 20, 23B to 23D, 24A and 24B ”.
In the Care Standards Act 2000, in Schedule 4 (minor and consequential amendments)— are repealed.
in paragraph 14(4), the words “, as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000”; and
paragraph 14(5) and (6),
In this Act, “the 1989 Act” means the Children Act 1989.
Apart from section 7(5) and this section, this Act comes into force on such day as may be appointed by order made by statutory instrument.
An order under subsection (2) is to be made—
as respects section 6, by the Secretary of State;
as respects other provisions so far as they relate to England, by the Secretary of State; and
as respects those other provisions so far as they relate to Wales, by the National Assembly for Wales.
Different days may be appointed under this section for different provisions and for different purposes.
Any such order may make such transitional, consequential or saving provision as the Secretary of State or (as the case may be) the National Assembly for Wales considers necessary or expedient.
This Act extends only to England and Wales, except for section 6 and this section, which also extend to Scotland.
The reference to the 1989 Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this Act.
Subsection (7) does not affect the power to make further Orders varying or omitting that reference.
This Act may be cited as the Children (Leaving Care) Act 2000.