Forum Home → Discussion → Income support, JSA and tax credits → Thread
Right to reside for foster child and IS appeal
Hi…. did the godmother ever get child benefit, if so then the State has already acknowledged that she is the “loco parentis” as by definition child benefit secures parental duties and responsibilities. Therefore she is a family member. Neither the Directive not the UK regulations stipulate that a family member must have a blood or mariage conection to become part of a family.
Further, under s20 placement into foster care the LA become “corporate parents” and have duties to befriend and assist until the child is 21.
Therefore, could the family member for an R2R purpose be a Local Authority ?
I have the case where a child has been in care for years. Ironically, so long her actual parents have now a permanent right to reside but as she was not dependent on them this doesn’t do my claimant any good. She about to turn 18.
Are there any other options?
Emma, I think she is covered until she is 21 and probably has a permanent right to reside herself already for the same reason: if her natural parents have a right to reside in the UK then as I read it so does she - no strings, no further requirements about where she lives or who supports her. It’s only after she is 21 that she needs to be dependent on her parents ... but she has already chalked up five years being in the same country as her parents while they had a right to reside here, so I think she now has a permanent right to reside too.