qualifying young person for young student to be treated as having LCFW via reg 33

i am having one of those days where i am getting myself tied in knots.

the term “qualifying young person” is throwing me here as i always associate that with parents being able to claim child benefit for an adult son or daughter thats under 20 and in ft non advanced education.

does someone have to actually be claiming cb for them for this to apply? the definition for it in the DMG directs you to the cb regs but nowhere does it say someone has to actually be claiming for the young person.

can a ft disabled student, under 20,  in non advanced education meet reg 33 without someone claiming cb for them meet the LCFW exeption?

Hi Steven - as I read it, the definition of ‘qualifying young person’ is what is laid out in reg 3 of the Child Benefit Regs - http://www.legislation.gov.uk/uksi/2006/223/regulation/3/made - which means you don’t need to be getting child benefit for the definition to apply (it just enables you to get it.)

So if your person is under 20 and in that type of education then I don’t think they can benefit from reg 33

I agree with you Daphne that it’s simply the definition of being a QYP that’s important, rather than CHB being received. but doesn’t non-advanced education fall within the QYP definition and therefore Steven’s client covered by this regulation?

Paul_Treloar_AgeUK - 27 January 2017 01:51 PM

I agree with you Daphne that it’s simply the definition of being a QYP that’s important, rather than CHB being received. but doesn’t non-advanced education fall within the QYP definition and therefore Steven’s client covered by this regulation?

im reading it as you cant use reg 33 if the person is in non advanced ft education. they can still get ESA but just need to satisfy the WCA.

Yes, it’s Friday afternoon, I got things back to front. Story of this week….

Paul_Treloar_AgeUK - 27 January 2017 02:18 PM

Yes, it’s Friday afternoon, I got things back to front. Story of this week….

membership of my club has doubled then.  thanks for the responses.  teaches me to see the term “qualifying young person” and not assume what that means.