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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

2 Child Limit for Kinship Care child

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Couple were already in receipt of CTC for two kinship children they had in placement and as from 19th November they had sect 11 granted for guardianship of a 3rd child. 

Can they now claim CTC for that 3rd child and if the claim is made after 1st February, would they have to claim Universal Credit instead or would they still be able to choose to stay on CTC as they already have a CTC claim?

HB Anorak
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Before tackling this one, can you remind us all what kinship means in Scotland, because in England (and possibly Wales) I think it is usually referring to a type of foster care. But I have a feeling that in Scotland kinship means something like “special guardianship” in England and Wales - that is, a permanent arrangement in which the child is no longer technically in LA care.  Am I right?

unhindered by talent
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Thanks, HB. The situation in Scotland is quite complex so here is CPAG’s factsheet

http://www.cpag.org.uk/sites/default/files/CPAG-Scot-factsheet-kinship-care-March2016.pdf

The clients have parental responsibility but the children are not ‘looked after’ by the local authority. This enables them to claim tax credits for the children but wondering how the 2 child issues impact, given that although they are kinship care cases and get a kinship care payment they are not looked after.

Mark Willis
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Hi UBT

N.B. That factsheet has been updated - the new link is http://www.cpag.org.uk/content/kinship-care-and-benefits-essentials

It is a change of circumstances for an existing CTC claim, so no UC claim required. The children who meet the exception for non-parental caring arrangements (CPAG handbook p.1425) are not counted for the purposes of the two child limit so an element should be payable for the third child. Also, a child element is payable for all children born before 6 April 2017.

Mark

PS The Child Tax Credit (Amendment) Regulations 2018 No.1130 in force from 28.11.18 followed the High Court ruling in http://cpag.org.uk/content/high-court-finds-two-child-rule-exception-perverse so that the inclusion of the kinship care children does not prevent another child element being paid for a child born on or after 6 April 2017.

[ Edited: 21 Jan 2019 at 03:41 pm by Mark Willis ]
unhindered by talent
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Many thanks for that and for the updated factsheet :-)