client has two children, but one has only joined him recently. Has had a decision that calculation of housing benefit cannot take 2nd child into consideration as he is not yet in receipt of child benefit for that child. He is in receipt of child tax credit and there is other proof: he is paying childcare and breakfast club/afterschool club and has letters to confirm.
Is there a regulation that states has to be in receipt of child benefit? There is a 16 week delay to obtain it.

Read through reg 20.

He does not have to be in receipt of the Child Benefit to be responsible for the child, and the fact that he has applied for it albeit not actually getting it yet is also covered in this reg.

There is no reason from what you have said that the child should not be included.

Nope - no regulation whatsoever.

The council has to decide that he is responsible for the child. The issue of child benefit is onlty specifically relevant if the child spends equal time in two households or there is a question as to which household the child is living in. If these points are no at issue the council has more than enough to take the second child into account.

Third-ed.

I do hope the local authority in question is not telling you otherwise. This seems to be one of the most common and persistent myths surrounding benefits, that you have to be getting Child Benefit to claim for a child. It seems to crop up again and again despite having been thoroughly debunked. I wonder why so many authorities still labour under this delusion?

Quote: "I wonder why so many authorities still labour under this delusion?"


A meander around the forums of a reasonably well-known rival forum about HB, regularly frequented by LA staff, will go a significant way to revealing the answer to this question...

I take your point Tony as someone who has seen the same query on the forum you refer to,come up several times, but in mitigation as someone who has also responded to these queries I think generally the correct outcome is usually reached.

There is it seems a minority of LA staff who still think that if in doubt don't pay!