Decision needed

Did you get a copy Nevip (is it Paul?)?  I need a copy now - anyone?

Tony

Hi Tony.  Yes, it is Paul.  To answer your question, I didn’t get a copy.  I can’t even remember what the issue was now.  Care to remind me what that case was about?

Hello Paul - it’s about whether a child is normally living with someone - i.e. being a question of fact and not necessarily being determined by issues like parental responsibility - it’s referred to in Vol. IV of Sweet and Maxwell p. 525.  I can’t find it and I googled it and your post here came up - in fact it was all that came up!

I’ve got a case of a child who has been fostered by his aunt and is now beginning to live with his father while a 6 week parental assessment takes place with a view to him moving to his father indefinitely.  During this 6 weeks he will be with his father 5 nights a week and with his aunt 2 - she will continue to receive fostering payments during this period.  The question is whether Reg. 3 Rule 4 Case A of CTC Regs applies to preclude him from claiming.  Whether the child is now normally living with his father is one of the issues.

Tony

does this help?

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4022 (2013 UKUT 561 AAC)

tony pickering - 02 August 2017 09:21 AM

Hello Paul - it’s about whether a child is normally living with someone - i.e. being a question of fact and not necessarily being determined by issues like parental responsibility - it’s referred to in Vol. IV of Sweet and Maxwell p. 525.  I can’t find it and I googled it and your post here came up - in fact it was all that came up!

I’ve got a case of a child who has been fostered by his aunt and is now beginning to live with his father while a 6 week parental assessment takes place with a view to him moving to his father indefinitely.  During this 6 weeks he will be with his father 5 nights a week and with his aunt 2 - she will continue to receive fostering payments during this period.  The question is whether Reg. 3 Rule 4 Case A of CTC Regs applies to preclude him from claiming.  Whether the child is now normally living with his father is one of the issues.

Tony

I remember now.  I used CTC/0611/2015

Thanks Claire and Paul

I’ve already got both those - I was looking for CTC/135/2013 as it is mentioned in S&M and I wanted to see whether it has anything different and helpful to say.