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Fostering 4 children and UC
... And I’m back!
Typing on phone, so apologies in advance for potential errors. Also for sanity, trying to break the problem down.
Client rents 3 bedroom HA property. She has 4 children of whom 2 teenage children live with her. Client has 4 grandchildren and local authority has placed them in her care. She receives fostering allowance of £1102fortnightly.
She successfully applied for Universal Credit and received £1044 advance.
Am I wrong thinking if claimant is responsible for more than 2 dependant children, they claim legacy benefits?
(Apologies, edited to clarify details)
[ Edited: 18 Jun 2018 at 11:36 am by MKM35 ]That’s certainly my understanding. However, is she claiming UC for all the children, getting Child Benefit etc, or is she receiving fostering payments for them?
Ha. Just noticed that she is getting fostering payments!
She may therefore not be classed as financially “responsible” for the grandchildren, as she will not be getting CB for them.
Will be interesting to see DWPs explanation.
[ Edited: 18 Jun 2018 at 11:51 am by Benny Fitzpatrick ]To confirm I understand, if she were eligible for UC as not financially supporting the 4 fostered grandchildren, she should receive £1040 (universal credit SA+ HE + CE for 16year old) + £2400 (fostering allowance)
So the UC would work out at about £250-£260/week? If it includes HE and CE plus a single personal allowance, it looks about right.
Children placed in the household by the local authority count as “being in the care of a local authority”. They are not included in the UC claim unless certain exceptions apply. One of these exceptions is that they are placed with a parent or somone with parental responsibility.
I think the parental responsibility is with the local authority in a formal fostering situation, but it might be worth checking what the fostering documentation says.
On a somewhat tangential note… just wondering about the claimant’s housing situation. That 3 bed property must be pretty overcrowded with 7 people living there. Foster carers are only entitled to 1 bedroom for foster children, regardless of how many they actually foster. This is clearly inappropriate for the claimant’s situation, might this be a good case to challenge the rule?
Children placed in the household by the local authority count as “being in the care of a local authority”. I think the parental responsibility is with the local authority in a formal fostering situation, but it might be worth checking what the fostering documentation says.
Children are looked after by the LA.
Foster carers are only entitled to 1 bedroom for foster children, regardless of how many they actually foster. This is clearly inappropriate for the claimant’s situation, might this be a good case to challenge the rule?
Can you point me to the legislation that says so?
Page 22, 10.6
HB Regs 2006
http://www.legislation.gov.uk/uksi/2006/213/pdfs/uksi_20060213_280218_en.pdf
Relevant regs (paraphrased);
- Reg 13(3) - Claimant is entitled to one bedroom for each other follow categories of occupier…
- Reg 13(3A) - Claimant is entitled to one additional bedroom where ... (b) claimant or claimant’s partner is qualifying parent or carer
- Reg 21(3) - Child placed by local authority does not count as occupying the property.
- Interpretation section - Claimant who has child placed with them in accordance with reg 21(3) is qualifying parent or carer
Included in CPAG handbook p.387 - “Even if, for example, you (or your partner) have more than one foster child, only one bedroom is allowed.”
Umm… Which CPAG handbook (including edition)? I checked Housing Benefit, Welfare Rights and even Debt Advice and pg 387 remained silent on the fostering bit.
The interpretation of the regulations (by my seniors and betters) is that it is one bedroom in addition to their regular requirement. ex: a family of 2 parents + 1 foster child in a 3bedroom property will not be subject to the under occupancy charge because they are entitled to one additional bedroom.
Welfare Benefits and Tax Credits Handbook, 20th edition, 2018/2019
Admittedly I haven’t consulted any superiors on this - but 1 additional bedroom would make it 2 bedrooms. Only occupants are allocated bedrooms and the foster child is not classed as an occupant (reg 21(3)). So entitled to 1 bedroom for parents, 0 for foster child and 1 additional bedroom because parent is a foster carer.
[ Edited: 21 Jun 2018 at 11:05 am by Philippa D ]Right you are! Thank you for that. The clarity really helps.