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CB and Special Guardianship Order

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Derby advice - Derby Homes

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If claimant   is refused CB but has   previously been awarded a Special Guardianship Order for a child which area of   law takes   precedence?

Elliot Kent
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Child Benefit entitlement typically depends on a claimant being responsible for a child, typically on the basis that they are ‘living with’ the claimant. That may be because the claimant is the child’s parent, because they are the child’s special guardian or under some informal relationship. Special guardians can and do get Child Benefit.

In the course of things, you would expect that a special guardian for the child would receive the child benefit for them. Possible explanations for why that might not be the case might be (1) there are competing claims and a need to determine main responsibility (2) the order in respect of special guardianship no longer reflects the reality of the position and the child is living with someone else or (3) the child is, for whatever reason, treated as being in the local authority’s care.

I’m afraid this issue has been presented with somewhat characteristic inscrutability. It would be much easier to provide useful advice if you were to provide some more detail about the situation you are faced with.