Terms & Conditions

[liffe]

Hi Can anyone help with this enquiry?

We have been asked if a Young Person aged 20 can claim Housing Benefit.
She was subject to a Residency order in the home that she placed as a Foster Child. Whilst under the residency order the carers/foster parents recieved Child Benefit.
Now she is 20 the residency order has ended. Can the foster/carers now charge rent that we can pay HB on and is she subject to shared LHA or 1 bed LHA? I can’t seem to find any guidance or legislation that covers this.

Are we right in thinking that she is now treated as a member of the household as they had responsibility as if she was their own child and would not qualify for HB?

Any advice on this matter would be appreciated- as we deal with very few care leavers.

[DJM]

Zebedee & Ward Guide to HB/CTB, para 2.42, page 29 states that former foster children renting from their former foster parents should not normally be treated as non commercial (Circular A30/95).

In other words, you can assess her for housing benefit – as she is not part of the household.

DJM
"Genius may have its limits, but stupidity is not thus hampered." Mary Doria Russell, "The Sparrow"

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