IS/JSA for care leavers

I am advising a couple with a baby, one of whom is a care leaver, and we have a dispute about entitlement.  The father is 18 and getting JSA.  The mother is 17 and a care leaver.  The question is whether he can claim JSA for her.  My understanding is that he can’t as she is not entitled to IS/JSA under the Care Leavers Act and does not come under any of the exemptions under the Care Leavers Regs.  Does anyone think differently?  It would make my life a lot easier if I am wrong!

Tony

Hi

In response to your specific question.  He would claim for the couple but in normal circumstances would qualify for the lower couple rate .  In this case as she is treated as responsible for a child he would qualify for the higher rate of £102.75.  For future reference a 16/17 lone parent care leaver can qualify for Income Support but not Housing Benefit..

Shaun

Hello Shaun

Thanks for coming back to me.

Just to clarify - I assume you are you saying that the disentitlement in s6 of the Children Leaving Care Act only applies if that person is making the claim themselves?

Tony

Tony

No.  I should have stuck to the question.  Yes he can claim for the couple and given that she is treated as responsible for a child the jsa will be paid at the higher couple rate.

The other point I was making was that not all 16/17 year old care leavers are excluded from claiming IS/JSA/ESA. under section 6 of Children (Leaving Care) Act.  See The Children (Leaving Care) Social Security Benefits Regulations 2001/3074 as amended.  Also p638 ‘Exceptions’ in CPAG Handbook 2010/2011.

Shaun

Shaun

What I was getting at is that I am trying to nail down why he can claim for her.  I had initially thought that she was disentitled by s6 of the C(LC) Act and because she does not come within any of the exemptions under the Leaving Care Regs.  However, with your help, I am slowly coming to the realisation that those rules don’t apply if he is able to claim for her - i.e. ‘entitled’ in s6 only applies to someone who is the claimant, not being claimed for.

Tony

not sure if this clarifies it any more for you, generally the only under 18’s who are care leavers who can get benefits are anyone who is sick or disabled and young parents once they have a baby, so if the baby hadn’t been born he would claim for himself and she would get an allowance form social services, He would be treated as a single claimant as JSA cannot take her income into consideration as payments under some sections of the children act 2000 are disregarded for benefit purposes. Once she has had the baby she is eligible to benefits and will be treated like a non care leaver for claiming benefits