Welfare Reform Bill

60B: Clause 94, page 64, line 5, at end insert— ““( ) Regulations under this section must provide for an exemption from the application of the benefit cap for family and friends carers where— (a) the child comes to live with the carer as a result of plans made within a section 47 of the Children Act 1989 child protection enquiry or following enquiries under section 53 of the Children (Scotland) Act 1995 and the local authority states that the child cannot remain with the parents in the current circumstances; (b) a child comes to live with the carer following a section 37 of the Children Act 1989 investigation and the local authority states that the child cannot remain with the parents in the current circumstances; (c) a carer has secured a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order to avoid a child being looked after, and there is professional evidence of the impairment of the parents’ ability to care for the child; (d) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order arising out of care proceedings; (e) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995, or special guardianship order following the accommodation of a child; (f) the carer has a residence order, including a residence order under section 11 of the Children (Scotland) Act 1995 or special guardianship order following the death or serious illness of a parent; (g) the carer is an approved kinship carer under Part V of the Looked After Children (Scotland) Regulations 2009.””