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Forum Home  →  Discussion  →  Children and childcare  →  Thread

Qualifying young person and UC

HarlowAC
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Harlow Advice Centre

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Hi All

I have a client who tells me his 18 year old daughter is receiving UC. She lives at home with mum and dad and is a undertaking a level 3 NVQ course at college 4 days per week.  I think for UC, she would be treated as receiving education. She doesn’t fall into any category for entitlement as a student, so I’m not sure on what basis UC is payable.
Am I missing something?
He is still receiving CB for her and was also getting CTC for her until very recently and this only ended on renewal due to income.

Prisca
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benefits section (training & accuracy) Bristol city council

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sounds like she is still a Qualifying Young Person - did she claim UC before starting the college course and didn’t tell them? Did she say she was estranged/ separated from her parents hence why they are paying UC?

It sounds a bit odd…..

HarlowAC
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Harlow Advice Centre

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Mystery solved. Did not declare herself to be in education or training. Uh oh.

Ben
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The Welfare Consultancy, London

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HarlowAC - 11 August 2021 12:20 PM

He is still receiving CB for her and was also getting CTC for her until very recently and this only ended on renewal due to income.

CHB is not payable where the young person claims UC.

https://www.legislation.gov.uk/uksi/2006/223/regulation/8

HarlowAC
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Harlow Advice Centre

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CHB is not payable where the young person claims UC.

https://www.legislation.gov.uk/uksi/2006/223/regulation/8[/quote]

Indeed.
It is clear that either he should be receiving CB/CTC for her or she should get UC, not both. I strongly suspect that it is the UC that should not be in payment and will be an overpayment. Not sure if that means the CB/CTC will also be an overpayment for the same period as both were in payment albeit one should not have been and will be recovered.
Any thoughts?

Ben
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The Welfare Consultancy, London

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For CB there will be an overpayment since the young person was in “receipt” of UC.

(2) The condition is that the person is not in receipt, in a week, of—

For CTC the position is the same, the Reg uses the word “receives”

Reg 5(4)(c) CTC Regs 2006 a period in respect of which that person receives income support[, income-related employment and support allowance payable under Part 1 of the Welfare Reform Act 2007]6 [,]7 income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 [or universal credit under Part 1 of the Welfare Reform Act 2012]7

It appears that the fact that UC was not lawfully paid, does not assist,  since the young person was in receipt of the same, hence why CHB and CTC were overpaid.