I have a client with a child who has been given a place at a residential school for autistic children. Carers Allowance and DLA for the child will stop shortly, and client will only get these benefits when child is home for holidays. On checking Reg 8 CTC regs I see that the disability elements of CTC are still paid if DLA has stopped becuase child is in hospital. Does this also apply to situations when DLA stops due to attending residential school? Child's placement is jointly funded by LEA, social services and the health authority.

Many thanks.

Normally a parent cannot get CTC payments for a child who is in accommodation funded by the local authority under section 23 of the Children Act or certain other provisions.

However an exception is made where a child is in residential accommodation solely because of their disability or because his/her health would be impaired or further impaired if they weren't being accommodated.

So long as this applies then a parent who was getting CTC for a child immediately prior to their admission to res accommodation can continue to receive those payments while the child is away from home. In effect the child continues to be treated as 'normally living at home'. See Reg 3(1), Rule 4.2 of the CTC Regs and Reg 9 of the CB regs.

Derek