Children (Leaving Care) Social Security Benefits (Scotland) Regulations 2004 (Hansard, 26 February 2004)

§ Baroness Hollis of Heigham

rose to move, That the draft regulations laid before the House on 4 February be approved [8th Report from the Joint Committee].

The noble Baroness said: My Lords, these regulations deal with the social security benefit entitlement of care leavers in Scotland, but they need to be seen in the much wider context of far-reaching improvements in the way Scottish local authorities support the children in their care and prepare them for independence.

The effect of the regulations is to exclude, from 1 April this year, 16 and 17 year-old Scottish care leavers from entitlement to housing benefit and, in most cases, from entitlement to income support and income-based jobseeker's allowance. But this exclusion is only because in future they will receive equivalent help from a more appropriate source—the local authority that previously looked after them.

This handover of responsibility is in line with changes introduced in England and Wales in October 2001 when the Children (Leaving Care) Act came into force. I am sure noble Lords will recall the debates on the Bill that led to the Act. It was widely welcomed and put a much-needed responsibility on local authorities to continue to act as corporate parents for young people who have been in their care.

An essential part of the role as corporate parents was for local authorities to provide financial support to care leavers until they reached the age of 18 rather than expect them to rely on benefits. The availability of benefits was one widely acknowledged reason for the failures in the care system, partly because it provided a perverse incentive for local authorities to discharge children from their care at the age of 16 and, not to put it too bluntly, to wash their hands of them. It was universally agreed that what was needed was to put care leavers aged under 18 in the same position as other 16 and 17 year-olds who normally look to their parents for financial support, not to the benefits system.

The Children (Leaving Care) Act 2001 therefore removed from care leavers aged under 18 in England and Wales entitlement to housing benefit and, in most cases, to other income-related benefits. However, income support and income-based JSA continued to be available to care leavers who were lone parents or were sick or disabled. For obvious reasons, a lone parent may well be setting up an independent home.

At the time of that Act we made provision for the same benefit rules to apply to care leavers in Scotland. This would happen once local authorities there were in a 410 position to take on financial responsibility for them. Scottish Ministers have recently made regulations under separate Scottish legislation relating to children leaving care—because, obviously, looking after children is a devolved responsibility; social security benefits are a national responsibility—giving local authorities in Scotland the responsibility from 1 April this year on broadly the same terms as in England and Wales.

I can go into greater detail about the continuing responsibility that local authorities will have but I hope my explanation makes clear that we are bringing the Scottish system into line with England and Wales in a way that ensures local authorities continue to look after children in their care until the age of 18. I commend the regulations to the House.