looked after by local authority - living at home

im becoming a serial poster on here !

could I please get some clarification on the issue for a LAC who is on a full care order (eligible child) but living at home

as I understand it, in a past life, CB could be claimed by parents (whether LAC or not) because the child was living with them; but (and its been many years since I have dealt with such issues), CTC could not be claimed as the LA was contributing to maintenance/accommodation;

I have checked the situation for UC and in CPAG p 223, it states ... you cannot be treated as responsible for a child during any period in which s/he is:
looked after by a LA, except planned short breaks in LA care to provide respite ....
and except if the child is living with you and you are her/his parent or someone with parental responsibility

however, when I checked reg 4 of UC regs, this corresponds with the short break part but I cannot see that it states anything about if living with parent (unless this is covered under 4 (2) responsible for a child who normally lives with you)

(6) A child or qualifying young person is to be treated as not being the responsibility of any person during any period when the child or qualifying young person is—

(a) looked after by a local authority; or
.(b)a prisoner,
.
but there is excluded from sub-paragraph (a) any period which is in the nature of a planned short term break, or is one of a series of such breaks, for the purpose of providing respite for the person who normally cares for the child or qualifying young person.

is it therefore possible for a looked after child (on a full care order, not section 20) to be included in a UC claim, and for the parent to also receive CB?
thank you

Hi Dizzymare

It’s Regulation 4A that features this provision. This allows for a UC claimant to be treated as responsible for a child despite their looked after status if they either:
are on a planned short break or
the ‘looked after child’ is placed with, or continues to live with, their parent/person with parental responsibility.

So yes, I think that the parent should be able to claim UC for the child in the situation you outlined.

With CB, the parent can get payments if child has come home for 7 nights in a row (or where a child comes home on a regular basis for at least 2 consecutive nights every week)

Derek

thank you so much (thought I was looking at the latest available which did not show a 4A so thank you for that clarification)