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Top Income Support & Jobseeker's Allowance topic #721

Subject: "care leavers/severe hardship payments" First topic | Last topic
BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

care leavers/severe hardship payments
Thu 07-Oct-04 02:09 PM

This is doing my head in and needs better brains than mine.
JSA reg 140 says a person in a vulnerable group is a claimant who...(k) is a person
(1) who...was being looked after by a LA
(2) with whom the LA had a duty...to keep in touch, or
(3) who...Qualified for advice and assistance from the LA
but in respect of whom 1,2 or 3 above had not applied for a period of 3 years or less...., and
(4) ...is under the age of 21

I read this as saying that a "care leaver" under 21 is in a vulnerable group if they "left care" over 3 years ago. However the commentary in Mesher and Bonner appears to say the opposite, i.e.
The categories (vulnerable groups) are
(10) a person under the age of 21 who was being looked after by the LA....within the last 3 years.

Help!

  

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Replies to this topic
RE: care leavers/severe hardship payments, BrianSmith, 15th Oct 2004, #1
RE: care leavers/severe hardship payments, shaun, 18th Oct 2004, #2

BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

RE: care leavers/severe hardship payments
Fri 15-Oct-04 12:27 PM

C'mon you legal eagles, no response to this one yet. It's Friday afternoon and you deserve a spot of light relief.

  

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shaun
                              

finance manager, welfare benefits group, social se, leeds city council
Member since
22nd Jan 2004

RE: care leavers/severe hardship payments
Mon 18-Oct-04 01:20 PM

OK Brian - more is less

I ain't no legal eagle but if Regulation 140 read "...but in respect of whom, 1,2 or 3 above had not applied for a period of 3 years or more..." then you would be right, but it don't. Just to reassure you further Mesher and Bonner are also supported by CPAG Handbook p449 and paragraph 35135 of DMG Volume 6. Hopefully you can now sleep easier.

Many thanks

Shaun

  

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Top Income Support & Jobseeker's Allowance topic #721First topic | Last topic