Terms & Conditions

[Anonymous]

I have a claim in where the partner is under 18 (turns 18 this week) and is still subject to a care order. He was originally placed back with his parents under the care order but has chosen to move out and Social Services had no problem with that

He and his girlfriend (who is 26) took on a tenancy in January; he is in receipt of a subsistance allowance of £45 per week and she was on severe disability allowance. From March she is entitled to JSA (IB). He appears on the claim but checks have shown that they have only been awarded the single rate.

My question is, should he be taken into account in the Applicable amount, and his income be used in the assessment? technically he is not yet a care [i:68a6d5ce95]leaver[/i:68a6d5ce95] and so not excluded? Is that right?

[petedavies]

Strewth!

I think you should first contact Social Services. My understanding of the Children Act (which is pretty minimal) is that they have a responsibility to provide accommodation either directly or via a third party which may be a family member or some other responsible person.

If this is right then having no problem does not enter into it, they have a statutory duty and if memory serves – parental responsibility – for any child subject to a care order.

If the partner is still subject to a care order my guess would be to exclude.

[Author]

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