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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Care Leavers in Education

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 447

Joined: 18 October 2013

Are young care leavers defined as being ‘without parental support’ when it comes to regulation 14?
https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/14 Exceptions to the requirement not to be receiving education

It directs you to Regulation 8(3) which says:
(3) For the purposes of paragraph (1)(g) a young person is without parental support where that person is not being looked after by a local authority and—

(a)has no parent;
(b)cannot live with their parents because—
(i)the person is estranged from them etc

I read that as saying that where the young person IS ‘looked after’ they don’t count as being without parental support and so don’t fit the exceptions in regulation 14 which would enable them to claim UC if under 21 and in non-advanced education

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Total Posts: 447

Joined: 18 October 2013

I got the answer from CPAG Scotland - I was confusing care leaver with looked after.

16/17 year olds can’t get UC solely on the under 21, non-advanced education, without parental support provision because they’re looked after.

Once 18 a person may be a care leaver but they’re not looked after and so may be without parental support and may get UC.