Tue 10-Nov-09 02:13 PM by benefit_advisor

Hi,

Is anyone aware of whether or not a claimant can claim CB while their child is being cared for under S.20 of the Children Act?

They are receiving CTC, but the CB seems unclear and I cant find much information on this.

Thank you.

No I think.

"The claimant is not entitled to Child Benefit in respect of a child or qualifying young person for any week if in that week the child or qualifying young person is in the care of a local authority in prescribed circumstances."

see below

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM08080.htm

Regs are;

http://www.hmrc.gov.uk/si/2006-0223.pdf

Individual circumstances may apply though (as always.)

"prescribed circumstances" is defined in the Child Benefit regulations reg 18 to include where a child or young person is provided with or placed in accommodation under Part III of the Children Act, which s 20 comes within.

However the disallowance does not apply for the first 8 weeks in which the child is in care, or for any wek in which the child is living with the claimant for a consecutive period of 7 days (this bit is complicated and that is a simplification). I presume this is for the LA to see how well the child gets on back at home for trial periods. But not for odd day visits, as I read the legislation.