17 year old - Looked after Children and Housing Benefit

We have a 17 year old in our hostel who was referred there by Children’s Services so as I understand it he becomes “looked after” whilst his needs are further assessed. 

Usually in this situation they meet accommodation/maintenance but in this case they are putting real pressure on the YP claiming HB and IS, even taking him to the Jobcentre…

My understanding was that young people are accommodated under section 20 are not eligible for Housing Benefit but I can’t find where that exclusion comes from? 

The CPAG handbook deals with 16/17 years olds who were previously looked after but I can’t find where currently LAC are excluded.  I’m probably missing the blindingly obvious.

Thanks in advance

The Children (Leaving Care) Act 2000 specifies two categories of 16/71 year-old who are excluded from benefits.  These are “eligible children” as defined in para 19B of Schedule 2 to the Children Act 1989 and “relevant children” as defined in s23A of the 1989 Act.  As far as I can see both definitions refer to a person who is not currently looked after, so it does not appear that there is anything specifically excluding a currently looked after child from claiming HB.  It look as if the drafter of the legislation assumed that it would be inconceivable to achieve a situation where a local authority could put a looked after child in a position where s/he is liable for rent.  It certainly doesn’t sit easily with Children Act responsibilities.  So maybe knock it back into Children’s Services’ court by inviting them to explain how it is possible for a looked after child not to be provided with free accommodation by them?  I am not saying it isn’t possible, I don’t have any in-depth knowledge of children’s services issues - there may well be something in the Children Act that allows them to handle it this way.  But I think if I were the HB decision maker in this case I would want to explore that before awarding HB.

Not an expert…...

You might want to check if they think they are accommodating under section 17 or 20?

http://childlawadvice.org.uk/information-pages/local-authority-duties-towards-children/

You might be wanting to think about the No automatic Right to HB 18-21 year olds if you are shortly to ba a full UC area?