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Forum Home  →  Discussion  →  Children and childcare  →  Thread

CTC in residential school

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 470

Joined: 9 February 2012

Just wanted to check others’ experience of this as oddly I haven’t come across it in practice before.

Young person is to transfer from hospital to a residential school, where they will be accommodated on a 52 weeks a year basis with some short home leaves. As I understand it, he cannot return home due to his condition which is autism and ADHD, the consequences of which pose a risk to others in the family.

I am aware that CTC is not generally payable where a child/young person is in residential care paid for out of public funds - but this looks like the situation covered by Reg 3(1) rule 4.2 of the CTC regs where they have been placed in residential acommodation for health reasons.

Am I right in thinking this exception is likely to apply? What sort of evidence will TC require and any experiences of how easy or otherwise it is to persuade them it does apply?

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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Hi,

CTC is usually paid in resi school due to rule 4.2. I think they will ask about the funding and why the child is accommodated - the important thing is that he is accommodated due to his disability rather than for other reasons. There used to be a form that the social worker completed for HMRC about the funding etc, but I can’t find it, maybe not used any more?

The other possible issue is whether the parent was responsible ‘immediately before he entered that accommodation’ as per rule 4.2. I vaguely remember having issues with that before with hospital to resi moves- does the parent count as responsible whilst in hospital?

Jane

Rosie W
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Welfare rights service - Northumberland County Council

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Thank you - that is very helpful. CTC has been in payment while he has been in hospital - does this count as the parents continuing to be responsible?

Jane OP
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The National Autistic Society, Welfare Rights, Nottingham

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That shouldn’t be a problem.I think what I was half remembering was re the disability elements when moving from hospital to resi. CTC reg 8 allows for the disability elements to continue if DLA/PIP has stopped due to being in hospital (though that’s no longer relevant for under 18s) but there is no similar rule for when DLA care/PIP DL has stopped due to being in resi. Of course if he gets mob that will continue so he’ll still get the disabled child element, but if he was on DLA HRCC / PIP Enhanced DL he will lose the severely disabled child element when he moves into resi.

The other thing that is important to inform HMRC of is if he is ‘looked after’, that can cause issues as although it is quite possible for a child to be voluntarily looked after solely for reasons covered by the 4.2 exemption HMRC sometimes assume that being ‘looked after’ indicates the child is accommodated for other reasons.  I’ve seen CTC overpayments where the parent told HMRC about the resi school but not about being ‘looked after’.

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 470

Joined: 9 February 2012

Thank you - that is also very useful.