Hi folks
This is my first ever posting, so apologies if I don’t explain myself very well.
I had a divorced client who passed away, leaving two twin daughters (aged 18) and one ten year old. The girls are estranged from their father and the twins wish to assume parental responsibility for their younger sister. I have sought some advice on this as it is outwith the realms of my experience. It has been suggested to me that one twin could assume responsibility for the other and claim IS on the basis of being estranged from her father and CB together with CTC for her two sisters. Does anyone have experience of such a situation, and if so is this possible? The twins are in non-advanced education at college and appear to be receiving EMA only. I would appreciate any advice on this topic.

on the parental responsibility for the 10 year old, i think the twins best plan would be to take themselves immediately to an experience family/child care solicitor for advice; i anticipate that a court order will be required, as at the moment the father has parental responsibility.

Hi thanks for that. I anticipate that this process has been started. I hope that it will go smoothly, however a challenge from the father can not be discounted. I am concerned that the girls have any benefits put in place as soon as possible and would be interested to hear of any similar experiences.

With regards to a young person in non advanced education claiming IS this is exactly what they should do. Provided that they are on a full time (12 guided learning hours minimum per week) course than they are eligible as a young person livng alone.
Assuming that the mother was claiming child benefit then this is what one of the two 18 year olds should claim,along with CTC. I don't know the details of how an IS claim would be treated (i.e. individual claims etc) but the Child Poverty Action Group has some excelent resources as does Youth Net.

Many thanks for your response. The situation is evolving on a daily basis as the girls are still grieving. However, it has come to light that each of the 18 year olds are in receipt of a bursary which would equate to an income substitute such as IS, therefore will be unable to claim. I presume that CB and CTC will still be an option in the circumstances, as mum was receiving both for her three children. I can not think of any other options for them at the moment.

Also consider Guardian's Allowance. Social Work may also help provide some financial support for youngest child.

Thu 03-Dec-09 10:01 PM by jinty

Thank you all for your assistance. It is much appreciated.