I've been posed a problem by our childrens' services: Client is 16, primary carer, parent, died last year. Other parent presents risk to her, so estranged. Client has 18 yo partner, in work, earnings currently unknown. Partner cannot get ChB for client as in relationship with her. She can't get free school meals, as doesn't meet conditionalities. Can partner claim CTC for partner? Disability Rights handbook says no, WelfareBenedfits & Tax Credits Handbook seems more equivocal. client is now trying for a child in order to get CHB and housing.

Thanking you in advance for your superior knowledge and wisdom.

Do you know how many hours a week the 18 year old partner works? I assume that they live together, but would they be classed as homeless?

It's possible that your client might be able to claim Income Support if her partner works for less than 24 hours a week, but his wages would be taken into account so any Income Support might be erased. Have a look at page 581 of the CPAG handbook (and over the page, 4th bullet point down). If the partner works for 24 hours a week or more then he will have to support her with his wages. They could possibly claim Housing Benefit either way.

If your client is to be classed as homeless then children's services must do a child in need assessment. If she is found to be a child in need they must consider taking her into local authority care under section 20 of the Children Act 1989. Either way they should consider whether they can support her with section 17 payments. If she's not a child in need but is homeless then the local housing authority has a responsibility to house her.

On a personal note I would caution your client againt trying for a baby just to get benefits and housing. Babies are bloomin' expensive things to have around so she's likely to end up even worse off. She has now attracted the attention of children's services so having a baby is likely to mean that they will have to consider a pre-birth assessment and then a parenting assessment. She could end up regretting her choice.

Hi... if she applied as homeless as a single person, 16, then she would be classes as having a priority need under homeless regulations. However, if they apply as a couple, he being 18, they would not have a priority need unless there were other factors such as a disability.

Thanks for your responses. He gets £1k a month gross, works full-time, and they rent a social housing flat, so homelessness not an issue, nor are there disability issues, there's just poverty. He pays Child Support for child by other relationship and has taken debt advice. My core hope is something in CTC/WTC regs that I can't see.