My client has made a claim for CHB, but there is a delay in making a decision on her claim. She has made a claim for Income Support, but they confirm that they cannot award IS whilst CHb is not in payment. Does anyone know of any ruling that gets around this problem?

As long as Child Benefit is not in payment to anyone else at present then you can use IS (Gen) Regs 1987, reg 15(2)(b).

15.—(1) Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person for whom he has primary responsibility.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to who has primary responsibility for him, the child or young person shall be treated for the purposes of paragraph (1) as being the primary responsibility of—
(a) the person who is receiving child benefit in respect of him; or
(b) if there is no such person—
(i) where only one claim for child benefit has been made in respect of him, the person who made that claim; or
(ii) in any other case the person who has the primary responsibility for him.

Andy

Thanks very much for replying, it's basically what I thought, just didn't have the appropriate Regs or decision to use as a counter argument.

Many thanks.