Terms & Conditions

[Anonymous]

We have a pensioner receiving guarenteed PC who has his two grandchildren living with him. They were placed with him by a children’s charity who were paying a Foster Allowance in respect of them until their 18th birthdays. One is now 19 and the other 20 and both are now working. However the children’s charity are still a paying our claimant a Supported Lodgings allowance in respect of rent until they are both 21. The allowance is the same as the Fosters Allowance rate.

How would you treat the two grandchildren?

1. As tenants which would mean the rental income for our claimant wouldn’t effect benefit as he is on GPC or,

2. As non-deps and levy non-dep deductions.

Any help would be appreciated.

[andyrichards]

Nothing in your post indicates that they could be regarded as tenants – is there a contract or licence to occupy? To turn it around, would you pay HB to the grandkids if they claimed?

Also maybe there is some Attendance Allowance/DLA hidden in that Pension Credit award, which would have non-dep implications.

[Anonymous]

Fostering is a commercial arrangement, and the grandchildren are legally liencees.

As the payments from social services are disregarded for pension credit (and even if they were not all income is disregarded for HB/CTB where the claimant is getting guarentee credit), the claimant in this case is entitled to full HB/CTB with no non dependant deduction

[Author]

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