Weekend Custody

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
  • #34785

    Customer has a child but only has “weekend” custody for the child. The other 5 days of the week the child lives with his father.

    As the weekend custody is a legal arrangement, can she get 2 bed rate LHA or is it still 1 bed rate as child only there 2 days per week?

    Any advice appreciated



    It is only the one-bed rate I am afraid – the child most definitely lives with its father and is an “occupier” of his home (whether he gets HB or not).

    This has most recently been confirmed by CH/247/2010.

    There is a posisble human rights argument, but it doesn’t apply in your case for two reasons:

    – first, you have not had to rely on chil;d benefit to establish where the child’s normal home is: that seems obvious from the facts
    – second, the HR argument needs to be advanced by a man because it relies on indirect gender discrimination in child benefit cases. Your claimant cannot say that she is being discriminated against by Regs that are inherently biased against her gender.


    Thank you Peter – you confirmed my initial thought.

    These scenario’s are so awful when you have to explain to the parent!

    Thanks for the quick response


Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.