Child responsibility element
Would appreciate any thoughts.
Cl’s niece came to live with her last August 2020. Niece is in FT non-advanced education and has been throughout the period. Cl is in receipt of UC and has a partner and one other child. She reported the change of circumstances to UC when niece moved in. No CRE is being included in the UC award, although they accept niece is present as cl is in receipt of the three bed LHA. Cl is not in receipt of Child Benefit in respect of the niece- she thinks the mother still claims it but they are not in contact and mother does not pay to cl or niece.
It would appear that the cl should be treated as responsible for a QYP who is normally living with her and so should be in receipt of a CRE, regardless of whether she is receiving child benefit. Ask for a revision on grounds of official error?
Have advised cl to claim child benefit.
Not clear that it is an error. When UC were informed that niece was living with claimant were they also advised that claimant was responsible for her?
Good point. Probably not.
Reg. 4(2) of UC Regs defines a person as responsible for a child where that child is normally living with them.
So there is not a separate question re responsibility on which the DWP needed to be satisfied here.
Separately, even if there was, then it would probably be an official error on the basis that the DWP did not make sufficient enquiries to determine whether a child element was payable.
That’s great, thanks so much