Houshold members or not?

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    Claimant included two children on his claim form. The children were ‘introduced’ as part of the adoption process to the the claimant, staying for odd days. As of the 16/3/11, the children have been with the claimant all of the time. The couple have now applied for formal adoption, having served the minimum 10 weeks of the children residing with them. The court hearing is scheduled for September 2011. When they are formally adopted, they WILL be included as part of the family household. The children have no other accommodation that they have moved temporarily from, since joining the claimant on the 16/3/11. The claimant receives Child Benefit and also Child Tax Credits (awarded from 16/3/11. I have endeavoured to read regulation 20 and more importantly, regulation 21 to ascertain if the children should be included as part of the household for HB/CTB purposes or not. My feeling is that the Children should be included by virtue of HB reg 20 in conjunction with reg 21(1) plus paragraph 5 of reg 21. The children have been placed under the Adoption and Children Act 2002. The claimant does not receive any special payments, only Child Benefit and Child Tax Credit.

    However, reg 21(3)(c) appears to automatically exclude children from the benefits family household, placed under the Adoption and Children Act, but in my view, this is for children who are only temproarily away from what can be deemed their normal main home.

    I hope I have given enough information for you to give me that definitive answer. Thank you.

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