Hi, sorry if this query has been answered before but I couldn't find a definitive answer, anyway.

I have a client who provides kinship care for her niece and her nieces baby. The client receives a fostering allowance for both. The niece is 17 and both her and her baby are "looked after".

Now I understand that my client can't claim child benefit and child tax credit but what is the position of the niece? The niece receives subsistence via the local leaving care team which is deducted from my clients allowance for the niece. Can the niece claim either child benefit or child tax credit? Parental responsibilty is shared between the niece and the local authority under an ICO, and this situation is in England.

Thanks in advance for any help as benefits agencies have been giving conflicting advice.

Regards

Sean, student social worker

Question appears to be how is the fostering being funded? If it's under s23 Children Act then no entitlement to CB or CTC. If not, then one or other should be entitled. Have you had any decision letters?

...but just to say further that while the CTC Regs seem very clear on this the CB Regs are less so as they only refer to "the carer" to whom the s23 payments are made as not being eligible ( http://www.opsi.gov.uk/si/si2006/20060223.htm#16 - reg 16(3))

mother can claim Income Support,
and as the baby is counted as "ordinarily living" with her ( reg 16(1)CB(iv) child ben regs)she can claim child benefit.
Mum is not entitled to Child Tax Credit, if foster carer was not receiving money for the baby then she could claim it.
With regard to Mum getting income support I have come across other authorities who are paying allowances to their young mums when it is clear they are entitled to IS must be costing them hundreds of pounds a year!

If you are referring to the niece as the mum then no, would not be entitled to IS if a care leaver - LA have responsibility to support and accommodate. However, still the ambiguity in the CB regs 16(3) as to whether the niece can claim CB as she is not the carer receiving fostering payments under s23 CA.

the leaving care act 2000 clearly states that the exceptions to the "care leaver rule" for benefits is that sick, disabled or single mums can still claim benefits (but not housing ben), she is entitled to IS , and the reg I quoted before, we have used it and had a young mum in almost same situation and she got child benefit.
I work with Care leavers and ALL our under 18 mums get Income Support,
can send you link to leaving care act doc if you email me

The Role of the DWP
41. The DWP no longer has the primary income support role for relevant children, who can no longer claim
Housing Benefit (HB), or (with some exceptions: see Chapter 9) Income Support (IS) or Jobseeker’s
Allowance (JSA). However, these young people are still entitled to claim any other benefits such as
Disabled Living Allowance as appropriate.

CHAPTER 9

Exceptions
22. Lone parents and sick and disabled young people who meet the criteria described in Schedule 1B of the
Income Support (General) Regulations 1987 will still be eligible to claim Income Support or Jobseeker’s
Allowance, though not Housing Benefit. The responsible authority will simply take this into account
when deciding with the young person what additional support will be provided through the Pathway
Plan. The Benefits Agency will disregard any such support payments made by the responsible authority
when determining the young person’s entitlement to Income Support or Jobseeker’s Allowance.

I will bow to your specialist knowledge as regards the IS for lone parent care leavers - I 've found the regs thanks And good to know that the ambiguity in the CB regs is being used - I don't think CPAG makes this clear (p91-92), although these are quite unusual circumstances.