Terms & Conditions

[Martin Giles]

Struggling with Circular A6 and have the following scenario.
Child remains in FTNAE after her 19th birthday on 22/05/06 and the course ends on 26/05/06. From what date will the Child Benefit end and the premiums for a dependant Child in Housing and Council Tax benefit.

[Anonymous]

From Circ A6

[b:1fbba13ccf]19[/b:1fbba13ccf] Entitlement ends on the ChB terminal date, ie the earlier of the QYP
• leaving FTNAE
• completing their course of approved training
• reaching age 20

[b:1fbba13ccf]22[/b:1fbba13ccf] With effect from 10 April 2006, the current terminal full time education end dates will be replaced with the following four new terminal dates, Monday following
• 31 August
• 30 November
• the last day in February
• 31 May

If leaving FTNAE or training [b:1fbba13ccf]early [/b:1fbba13ccf](dropping course) then ChBen stops promtly.
If continuing in FTNAE or training [b:1fbba13ccf]until it ends [/b:1fbba13ccf]then use the appropriate terminal date from para 22. (Monday after 31st May in this case?)
If turns 20 [b:1fbba13ccf]before [/b:1fbba13ccf]terminal date then ChBen stops promptly.

I think….

[Mark]

Child benefit terminal date = Wed 31st May 2006

Therefore, last day of Child Benefit entitlement = Sun 4th June 2006

Can no longer be treated as a dependant from Mon 5th June – so this is the date from which premiums and allowances will be affected (and a non-dependant deduction may commence).

I think there is a slight problem with the way that the rules about the Child Benefit income ending work. HB Reg 79(1) says that the end of child benefit should be treated as being the day after the last day of entitlment. The problem is that this would be Monday 5th June. The net effect is that Child Benefit income would be counted for the benefit week from Mon 5th June to Sun 11th June even though the person is not to be treated as a dependant for that same week. From Sun 12th June everything would be OK again when Child Benefit would no longer be counted.

Best to ignore that bit of 79(1) I reckon!

[Mark]

Peter says that:

“If leaving FTNAE or training [b:8cd29ab186]early [/b:8cd29ab186](dropping course) then ChBen stops promtly.”

I see why you would say this – the wording of para 18 of A6/2006 implies this very stongly. But it doesn’t mean this. If someone leaves education or approved training before the end of their course CHB will still end when the first terminal date is reached, or the 20th birthday – there is no such thing as Child Benefit stopping promptly unless they drop out right before one of the terminal dates.

[Anonymous]

Thanks for the pointer Mark. That was my interpretation but I can see there is not much to back it up.

I was more swayed by para 21 which seems to want to draw a distinction between people who “continue” in FTNAE and those who drop the course.

I guess it might get more clear if I read the regs….?

[Martin Giles]

Clearer now, many thanks for your input gentlemen

[Author]

Posts