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Our CYPD is, for whatever reasons, placing a number of families, usually mother and baby(ies), in foster placements. The baby is a formal S.23(2)(a) Children Act placement and a fostering allowance is paid in the usual way; the baby therefore cannot be claimed for under CHB and CTC rules. The mother may be placed in the same way, if under 18, but if 18+ cannot be - CYPD nonetheless pay the eqivalent of a fostering allowance in respect of mother as well. These arrangements are always intended to be temporary although this can mean a year or more.
The question that arises is whether the mother is able to claim IS as a single parent in these circumstances.
We think she can. Reg.15 IS Regs says that if no-one is receiving CHB in respect of a child the person treated as responsible is the person with whom the child normally lives. The exclueion for 'looked after' children an Reg.16(5)(c) only applies to a child who is 'not living with' the claimant. therefore the mother is both 'responsible for' (Reg.15) and a member of the same household as (Reg.16) the baby, and is a lone parent under Sch.1A.
I'm fairly confident about the argument but I was wondering if anyone else has any practical experience of claiming in these circumstances - are there problems with the claims line for instance?
Richard Atkinson
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