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16/17 year old looked after children in England - can they claim UC?
Regulation 8 of the UC allows 16 year olds to claim UC if they are “waiting an assessment under Part 5 to determine whether the person has limited capability for work and has a statement given by a registered medical
practitioner in accordance with the Medical Evidence Regulations which provides that the person is not fit for work”
Although some categories under 8(1) cannot qualify if they are care leavers (reg 8(2)), that exclusion doesn’t apply to this category anyway.
Is there anything in practice to stop a 16/17 year old looked after child from qualifying for UC in these circumstances? Something tells me there possibly is some thing else, but I can’t find it
As far as I see it they can claim UC in the same way that they could claim ESA under the old system.
Thanks Tony
But not UC for housing costs
Is there anything in practice to stop a 16/17 year old looked after child from qualifying for UC in these circumstances? Something tells me there possibly is some thing else, but I can’t find it
Hello Brian
we have had a few of our looked-after children claim UC under this category. The only problem has been a practical one - relying just on the local job centre for help has resulted in the stock answer of “young people in care cannot claim benefits until they are 18”. We have followed this up by contacting the job centre SPOC with the appropriate guidance and this has then enabled the claim to proceed.
Bump
One of our YPAs is telling me he’s heard of provision for care leavers to stay on legacy rather than claim UC if, for instance,. they move from one LA area to another.
I can’t see it anywhere so am tempted to dismiss it but being as kids isn’t really my thing; I’ve been running an adults caseload for years now, I thought I’d check.
I think this may be possible if they are under 18.
I’d be asking the YPA for where they got this from. I’m not aware of an specific exception for care leavers.
Under 18s who are looked-after cannot claim benefits (unless ill, lone parent - and this is now a claim to UC anyway).
Under 18s who are not looked after can claim UC eg estranged and in education, looking for work, carer - there are no new claims for ESA, IS, JSA etc.
Perhaps the YPA is meaning a very select group of young person who is disabled (on PIP) and in some form of supported accommodation who could claim HB (through the accommodation) with an SDP and then claim legacy ESA/IS?
Hello Brian
we have had a few of our looked-after children claim UC under this category. The only problem has been a practical one - relying just on the local job centre for help has resulted in the stock answer of “young people in care cannot claim benefits until they are 18”. We have followed this up by contacting the job centre SPOC with the appropriate guidance and this has then enabled the claim to proceed.[/quote]
Sorry, I missed this post - thanks very much for the reply
I’d be asking the YPA for where they got this from. I’m not aware of an specific exception for care leavers.
Under 18s who are looked-after cannot claim benefits (unless ill, lone parent - and this is now a claim to UC anyway).
Under 18s who are not looked after can claim UC eg estranged and in education, looking for work, carer - there are no new claims for ESA, IS, JSA etc.
Perhaps the YPA is meaning a very select group of young person who is disabled (on PIP) and in some form of supported accommodation who could claim HB (through the accommodation) with an SDP and then claim legacy ESA/IS?
The case I was thinking of was an under 18 (or under 16) who is not entitled to UC due to being below the min. age. In such a case, s/he should be able to claim HB, as s/he is not able to claim UC. (Similar to how a pensioner can still claim HB.)
Of course, if s/he is a care leaver then they are anyway not entitled to HB, but if they are not technically a care-leaver, this could apply.
Our local Throughcare and Aftercare social work team has established a contact point in the local Jobcentre so that any social workers assisting young care leavers in claiming UC have an informal escalation route