ESA entitlement - S.20 of Childrens Act

Can anyone advise me if a young person aged 16 , in receipt of DLA , in full-time non-advanced education and accommodated by Local Authority under S.20 of Childrens Act (lives in a childrens home) is entitled to claim ESA ?

Can you provide relevant legal references .
Thanks

Thanks Tony - We’ve reached the same point - need to find something about effect of LA care situation - if you do come across anything please let me know - info needed for complaint issue .

These Regs do not mention anything to do with the YP being in LA Care so it appears that being in LA Care does not affect benefit entitlement for QYP to ESAIR .

If the 16 yr old had been living at home with parents/responsible adult he would have qualified for ESAIR under the Regs (In F/T educ and in receipt of DLA) AND , if a claim had been made , the parents claim to CHB and CTC would have ceased .

Whats the difference when YP is in LA Care ? Or is it totally irrelevant ?

The young person is entitled to i-rESA.  We regularly assist with claims for people in these circumstances without any difficulty.  There is no mention of being in LA care in the regs because it isn’t relevant.  In itself it doesn’t make any difference.

Tony

Thank you Tony .