Hope someone can help with this seemingly simple query. I work with young people who are in or leaving care. When we have a 16/17 y.o lone parent, we assist them to claim Income Support (rather than Local authority paying an allowance as is usual). Recently, I had two similar situations, where one YP who was on income support as a lone parent, moved in with her Boyfriend. He was under 18 and in care, and receiving an allowance from LA. I was unsure of the implications of this as initially I thought that Mom would no longer be a lone parent. Having checked CPAG, this appeared to say that a person in the care of the LA could not be treated as a member of anyone elses family. My thinking was that in that case, Mom would still be a lone parent. I checked with local processing centre and spoke to a senior decision maker, who agreed with me. It was stated that they would be treated as a couple once he reached 18. This then caused me to review other similar cases, and I'm now very confused....

A second YP has just given birth; she is 16 and still in care and living with her partner (at sisters house) Her partner is under 18, not in care, nor estranged from family. I had previously advised that he would be able to claim JSA when baby was born (as part of a couple and responsible for a child - if he claimed CB; although he would only receive a single persons benefit rate) we would then pay the Mom in care.

However, following the discussion with DM at income support I am now thinking that she can claim IS as a lone parent (which would save us some money) but cant then see how he would be able to get anything; on the other hand if we stay with original advice, he cant be part of a couple so wouldnt really be entitled to JSA on this ground. although maybe he could claim IS as lone parent?

Sorry for waffle, I am probably thinking too much, and tying myself up in knots - can anyone help??

'Seemingly simple' ??

Part of the problem is the continued use, 20 years after the Children Act, of vague phrases like 'in care' which are strictly meaningless. Children are either subject to a care order (which says nothing about how they are being cared for, if at all) or 'accommodated' (which can cover a wide variety of arrangements as well). Both groups, in Children Act terms are described as 'looked after' children - s.22, CA.

Care leavers, living independently, are different again.

In your first case you have two 16-17 year old care leavers, living independently, one subject to a care order and receiving a leaving care allowance, one a single parent claiming IS.

I think in this case:
1. they are a couple. The only exclusion I can see is in Reg.16(5)(c) IS Regs which says that a 'child or young person', who is not living with the claimant, but is 'looked after' by the local authority, cannot be treated as a member of the claimant's household (and therefore is not a member of their family). However, firstly the boyfriend may not be a child or young person since in benefit terms (derived from the CHB Regs) they are only a young person while they are in relevant education or training. Secondly, and in any case, he is living with her, so 16(5)(c) doesn't apply. This is rather important not just for their IS/JSA but for her CTC. If they are a couple they need, urgently, to make a new, joint, CTC claim or risk a large overpayment;
2. they can and should make a joint JSA claim - this is OK under Reg.61(1)(b) JSA Regs. Leaving care allowances are disregarded but the LA would no doubt stop them.

In the second case, same conclusions, except you don't say if either of them are in education/training. If they are, the one in education/training can claim IS for the couple instead of JSA.

This is a rushed opinion so I've quite likely missed something, particularly on their actual entitlements. But I'm fairly sure they are couples which, as I said, matters for CTC as well as IS/JSA.

Richard Atkinson

Tue 13-Oct-09 02:47 PM by Antonina

Hi I have found the following do not know how relevant can be to your cases :

' if you are 16 or 17 you are entitled to IS in your own right if you satisfy the normal rules of ent.... However, you should remember the following :

- if you have been looked after by a LA, you usually cannot claim IS. Instead, your LA should support and accomodate you. / there are exeptions to the rules/
- your local authrity must assess and meet your needs for maintanance, accom. and support; and
- you cannot be treated as a member of the family of a person claiming IS etc.

then it goes further to say ....
Local DWP and SS should liaise to ensure any desputes about who is respon. for supporting you are quickly resolved. I you are refused both seek specialist advice.

Regards
Antonina

Thank you for your comments. 'seemingly simple' ??? well you would think a question around what is a family would be, but that was a bit tongue in cheek as with all things benefited related, nothing ever is.

I am looking at the regs around eligible/relevant YP'S. In the first case, one YP is a former relevant aged 18, and is/was a lone parent. The other is 17 YO who is still eligible (looked after) and therefore required to be supported by LA and is exempt from claiming most benefits.

Cpag p 619 says you cannot be treated as a member of the family of a person claiming income support etc.if you are 16/17 and were formerly looked after by the local authority. The ref for this is 1 - IS reg 14 (2) (c). I have spent all morning reading this, and will confess to being non the wiser (legal gobbledygook not my strong point). However DMG ch22 22067 states that a 16/17 yo eligible or relevant child who is no longer in accomodation provided by the LA cannot form part of the claimants family (subject to certain exemptions).

In this case, the claimant is the lone parent. The 17 year old cannot claim benefits in his own right, and the lone parent cannot claim for him as he cannot be part of her family; it seems to me then that she can continue to claim as a lone parent. We have let JC+ know the circs and they have said they will pay her as a lone parent until he is 18, when they will review the case. So far as tax credits are concerned, she has declared him as living there, and they will claim together,(but the rules are different for tax credits and it is the child they are claiming for)

He cannot claim JSA under reg 61 (1)(b) as he is unable to claim benefits as he is an eligible child. These are the regs that I was looking at initially in relation to the second case. He is not a looked after child, but this is then complicated by the fact that his partner (and mother of the child) ?

or am I totally on the wrong track?

I am soooo confused.com

Dont know whether I got all of it correct.
Client is in a relationship, they live together with the partner. She is 17yo and he is ????? She is in care and claiming IS as lone parent. Are they living in rented private or council tenancy or temporary accomodation? How old is the child?
Sorry really got confused Hope to be able to find something for that case it is really interesting.
Is JCP aware they are a couple?

Fri 16-Oct-09 12:01 PM by dmbc

I am soooo confused.com- join the club

She is 18 and claiming I.s as a lone parent (and is a care leaver - a former relevant child) He is 17 and still looked after (on care order). They live in council accomodation and JCP do know they are living together. I spoke to a senior decision maker who said that as he couldnt be a member of her family, she would be treated as a lone parent until he was 18 when he would no longer be looked after, and they would assess it then. The child is about 5 months old.

thanks Antonia