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any scottish advisers working with care leavers?
Hope someone can help clarify something for me. I know that the law in scotland can be different sometimes. I know that in England where a young person is a care leaver, that from age 18 onwards, if they remain in relevant education, they can claim income support even if they remain living with their former foster carer. This on the basis of having to live apart from their family etc.
We have two young people (one of whom will not be able to claim IS as he is doing an advanced course and is aged 21) who live in scotland, but are the responsibility of our LA in England. We are having a dispute with the former foster carer who maintains that the YP is still in foster care (he is 19 so cannot be) he states that the law is different in scotland. I have looked at the equivalent of the leaving care act, and although there are some differences in terminology etc. As far as I can see, the act does say that YPs should be accessing the benefit system at age 18 just as it does in England. The LA still have some duties, just as they do to the 21 yr old, but I do not believe that we still have to pay a personal allowance.
Am I missing something here? the other thing is - if these YPs remain the responsibility of an English LA, despite the fact that they live in scotland, wouldnt they be subject to the English Care Leavers Act and not the Scottish one - im thinking this on the basis that the it is the duties and responsibilities of the LA which are set out in the act, and the LA is English?
thank you
Hope someone can help clarify something for me. I know that the law in scotland can be different sometimes. I know that in England where a young person is a care leaver, that from age 18 onwards, if they remain in relevant education, they can claim income support even if they remain living with their former foster carer. This on the basis of having to live apart from their family etc.
We have two young people (one of whom will not be able to claim IS as he is doing an advanced course and is aged 21) who live in scotland, but are the responsibility of our LA in England. We are having a dispute with the former foster carer who maintains that the YP is still in foster care (he is 19 so cannot be) he states that the law is different in scotland. I have looked at the equivalent of the leaving care act, and although there are some differences in terminology etc. As far as I can see, the act does say that YPs should be accessing the benefit system at age 18 just as it does in England. The LA still have some duties, just as they do to the 21 yr old, but I do not believe that we still have to pay a personal allowance.
Am I missing something here? the other thing is - if these YPs remain the responsibility of an English LA, despite the fact that they live in scotland, wouldnt they be subject to the English Care Leavers Act and not the Scottish one - im thinking this on the basis that the it is the duties and responsibilities of the LA which are set out in the act, and the LA is English?
thank you
CPAG Scotland would be a good bet. they are always really good http://www.cpag.org.uk/content/advice-line-frontline-advisers-and-support-staff-scotland
CPAGs ‘Children’s Handbook Scotland’ is useful - has a chapter about leaving care, benefits and LA support.
Jane