Terms & Conditions

[Anonymous]

Morning.

I have had a claimant write to me to say that her 18 year old daughter has had to leave her college course, as she’s finding the course work too difficult due to being dyslexic. She has only just been disagnosed with this condition, and her mother is now arranging for home tuition to help her get back to college.

I’m just wondering if anyone else has come across this situation before? I’m writing to her for further clarification on the sort of tutoring she is receiving & whethere it meets the ChB office’s prescribed criteria. However, is there any point in getting her hopes up if this arrangement will not make her eligible for ChB? The guidance mentions ‘a course of study at home’, so long as it’s ‘recognised by the Secretary of State’. I’m guessing that she may be getting help to read & write as you may normally get at say primary/secondary education!

I’m double checking the actual date that she last received ChB, as I may be able to include her as a Dep until the next available terminal date (30/11/10).

Thanks in advance for any advice!

[Anonymous]

The Relevant provision is Reg 3 of the Child Benefit (General) Regs 2006.

Reg 3(2) provides:

“(2) The condition is that the person—
(a) is undertaking a course of full-time education, which is not advanced education and which is not provided by virtue of his employment or any office held by him—
(i) which is provided at a school or college; or
(ii) which is provided elsewhere but is approved by the Commissioners;”

BUT Reg 3(3) provides

“(3) A person is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless he was receiving the education referred to in that paragraph as a child.”

Since the person we are talking about is 18 and has only recently dropped out of college, she will fall foul of Reg 3(3) and so her mother will not qualify for child benefit, as her daughter was not being educated at home when she was a child, i.e before she reached the age of 16

[Anonymous]

Hi, thanks for the reply….much aprreciated. Sorry for the late reply!

Mark

[Author]

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