This is one of those where you always thought you knew the answer but have suddenly decided that you were wrong all along and therefore need to check...

Reg 15 of IS Regs concerns Child additions. I had always assumed that you couldn't get the child additions for IS unless someone had at least claimed CB. However, we had a couple of cases in this situation recently so looked at the reg again and 15(2)(a) does apear to allow the possibility for child additions to be paid even if no-one has bothered to claim CB. Its so long since I've seen a case like this (in fact not sure I ever have seen one where no-one has claimed CB) that I'm not confident that I haven't got it round my neck.

JSA is somewhat different because of the Hockenjos decision. Could do with a copy of that, can anyone point to a link to this?

Thanks to anyone who can help.

Hockenjos judgement @

http://www.bailii.org/ew/cases/EWCA/Civ/2001/624.html

ps - according to the cmmrs site -

"A second appeal is pending in the case of Hockenjos (2) v. Secretary of State for Work and Pensions (CJSA/4890/98). Both the claimant and the Secretary of State have been granted leave to appeal. The issue is European Union law – discrimination by gender (1408/71 EEC) – linking of child additions and family premium to receipt of child benefit. The hearing took place in March 2004 and the judgment should be issued shortly."

If anyone gets CHB only that person can claim the IS, but if there's no CHB then the person the child lives with can claim the IS, or they can until CTC replaces it.