Benefits for children leaving care
Young people leaving care often struggle with independent living, education and employment. They may have little support once they leave care, and have to cope with claiming means tested benefits under extremely complicated rules.
The Children (Leaving Care) Act 2000 was passed to address these problems. Its main purpose is "to improve the life chances of young people living in and leaving care".
Page Contents
Duties on local authorities | Financial support and exclusion from benefits | Care leavers who cannot get Employment and Support Allowance (income related), Income Support, JSA-I or Housing Benefit |16-17 year old care leavers who can get Employment and Support Allowance (income related), Income Support or JSA-I | Care leavers not affected by these rules | Benefits that are not affected by these rules | Financial assistance provided by the local authority | Further information and help
Local authorities must now assess and meet the care and support needs of young people who are in or leaving care. There is detailed leaving care guidance for local authorities. Broadly speaking, local authorities should prepare a young person gradually for leaving care, and continue to provide support once the young person has left care. Each young person in care will have a Personal Adviser who, together with the young person, will draw up a Pathway Plan which covers education, training, career plans and so on. The Pathway Plan may last until the young person is at least 21.
Some 16 and 17 year old care leavers will now have a right to receive financial support from the local authority where they were last in care (known as the responsible authority). More information about financial assistance. Most people in this group can no longer claim means tested benefits, i.e Employment and Support Allowance (income related), Income Support, Jobseeker's Allowance - income based (JSA-I), and Housing Benefit (this is in section 6 of the Children (Leaving Care Act).
But some young people in this group can still claim means tested benefits (this is set out in the Children (Leaving Care) Regulations) and they can still claim other benefits under the normal rules. This is a summary of the benefits care leavers can claim - the rules are very complicated, so seek advice for futher information and help.
This is the group who are entitled to receive financial assistance from the local authority. They are referred to as relevant children:
- aged 16 or 17
- have been looked after by a local authority for at least 13 weeks after age 14, and the period of care includes at least one day at age 16 or 17 (there are some exceptions - seek advice for more information about exceptions)
- leave care on or after 1 October 2001
Health and Welfare Benefits - Relevant children receiving financial assistance from the local authority are entitled to free prescriptions, free dental treatment, free sight tests and help with cost of glasses.
Although classed as relevant children, these 16-17 year old care leavers can still claim these benefits if they are in any of the following circumstances:
- lone parents (including foster parents)
- incapable of work, or appealing a decision that they are not incapable
- if making a new claim on or after 28 October 2008, have limited capability for work or appealing a decision that they do not have limited capability
- blind
- working and disabled
- students who are either deaf or disabled
- in full time non advanced education and either:
a lone parent; or so severely disabled, physically or mentally, that they are unlikely to get a job within the next 12 months
NB This group cannot get Housing Benefit in any circumstances.
Care leavers who are not classed as relevant children, for example because they are 18 or over, or left care before 1 October 2001, can continue to claim Income Support, JSA-I, and Housing Benefit under the normal rules and from 28 October 2008 can claim Employment and Support Allowance.
All care leavers can continue to claim these benefits under the normal rules:
- Employment and Support Allowance (contribution based) (from 28/10/2008)
- Incapacity Benefit
- Disability Living Allowance
- Carers Allowance
- Child Benefit
- Working Tax Credit
- Child Tax Credit
- Jobseeker's Allowance - contribution based
Care leavers who are eligible for financial assistance from the local authority (i.e. relevant children) will receive it from the responsible authority. The amount and form of financial assistance will be agreed between the young person and her/his Personal Adviser and set in the Pathway plan. It may be in cash, or in any other form which is thought to be most appropriate. Financial assistance received by a care leaver does not count as income for means tested benefits.
If you want to see the Children (Leaving Care) Act, the Leaving Care Guidance or the Children (Leaving Care) Regulations which deal with which relevant children can still claim Employment and Support Allowance (income related), Income Support or JSA, you can follow the links on this page (you will need Internet access for this). The Act and the rules about what benefits care leavers can claim are very complex. If you want further information or advice about benefits for care leavers see the benefit and debt advice pages.