Also encompasses CB & IS...

Cli rang yesterday re TC form.. during conversation she tells me her 15 year old daughter is pregnant and due in a months time.

Cli is still getting CB for daughter

When is daughter eligible to get benefits for her and her baby in her own right. Cli sayd DWP have told her daughter cannot claim CTC / IS until she turns 16... Seems like this family will be disadvantaged financially if this is correct..

Can the cli stop the CB for the 15 year old, so she can claim in her own right when the baby is born..?

Under Section 3(2) TCA 2002 you have to be at least 16 to claim CTC.

However, under Section 3(2) CTC Regulations SI 2002/2007 where-
(a) a claimant is treated as responsible for a child or qualifying young person and
(b) that child or qualifying young person has a child of his or her own, normally living with him or her

the claimant shall also be treated as responsible for the child of the child or qualifying young person.

So I think the answer is she can claim CTC in her own right at 16, but until then the client should be able claim for daughter & grandchild under 3(2)

Once she turns 16 and claims CTC in her own right, Case D Reg 3(2) CTC regs says that in this instance the daughter will no longer be treated as being the responsibility of the client, so she cannot continue to claim CTC for her daughter.

Victoria
(LITRG)

Thanks for the information.. x