Children in household

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    Am I right in assuming that Children can only be included in the household if the parent is receiving Child Benefit.

    Are Welfare Rights believe that local authorities have a discretion to include the children as part of the household in cases where there is evidence that they actually spend half their time there.

    Can you confirm this?


    Where there is some doubt as to where a child normally resides – then the child is “normally” treated as living with the person who receives Child benefit for them.

    However this is not as straightforward as it may seem at first – and the Local Authority can decide who has “primary Responsibility” if more than one person has claimed Child Benefit or no-one has claimed it.

    See reg 20 (new regs) and part 4.27 of the Ward and Zeb.

    I have had cases where the child lives with one parent who claims HB – but the CB is paid to the other parent. This is a personal choice between the parents – I would therefore include the child and the premium but not the CB on the claim for the parent who has the child but not the CB.

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