Amended Housing Benefit Reg and Scottish kinship care families

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  • #46277
    lallan
    Participant

    On 21 March the Department for Work and Pensions (DWP) published amended Housing Benefit Regulations which have a direct impact on Scottish kinship care families. This would suggest that kinship carers are exempt from under occupancy in the same way as foster carers. In some of our previous benefit cases the kinship carer receives child benefit therefore we added as a member of the household however the fact that they are now going to be exempt suggests they should not have been treated in this way. How do other Scottish Councils deal with kinship? :~

    #130828
    tracey j
    Participant

    Removed.

    #130826
    tracey j
    Participant

    Hi

    A Kinship Carers Allowance can be paid under 2 circumstances and although the payment will be disregarded for benefit purposes under both circumstances, whether or not the child is treated as part of the applicant’s household will depend on which of the two circumstances apply.

    A Kinship Carers Allowance is paid where a child is being looked after by a family member under specific children’s legislation e.g. under the Children (Scotland) Act 1995. Regulation 21 of the HB Regulations 2006 determines the circumstances in which a person is or is not treated as a member of a claimant’s household. Para (3) (a) states that where a child has been placed with the claimant under such children’s legislation, the child is not to be treated as a member of the claimant’s family. Where a Kinship Carers Allowance is in payment, the claimant will not be entitled to a dependent’s allowance in respect of the child.

    Any child tax credit or working tax credit should be included as the claimant’s income.

    Therefore should not be added to the household.

    • A Residence Allowance is paid where a child is being looked after by a family member, but not under specific children’s legislation. Social Work will have been involved in helping “broker” the arrangement, but that has been their only involvement. Where such an allowance is in payment, if child benefit is being paid to the claimant, the child should be treated as a member of the claimant’s family. The claimant will therefore be entitled to a dependent’s allowance in respect of the child. If child benefit is not in payment, the claimant will not be entitled to the dependent’s allowance.

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