Children's Handbook Scotland 2025/26Chapter 4: Disabled children in care homes 1. Benefits for children in care homes
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1. Benefits for children in care homes
Child benefit and guardian’s allowance
If your child is in a care home, your child benefit – and guardian’s allowance if you get it – continues unaffected for 12 consecutive weeks.1s143(3) SSCBA 1992; regs 9 and 10(1) CB Regs When counting the 12 weeks, two or more periods in a care home which are separated by 28 days or less count as the same period.2Reg 10(2) CB Regs See here for how this rule works. After 12 weeks, your child benefit (and guardian’s allowance) continues, provided you spend money on your child’s behalf – eg, on clothing, snacks, toys, entertainment or on fares to visit them.3s143(4) SSCBA 1992 The amount of money you must spend is not stipulated. If you do not spend any money on your child’s behalf, your child benefit stops after your child has spent 20 weeks in a care home.4s143(2) SSCBA 1992, 12 weeks’ ‘care home’ absence plus eight weeks’ ‘normal’ absence
 
1     s143(3) SSCBA 1992; regs 9 and 10(1) CB Regs »
2     Reg 10(2) CB Regs »
3     s143(4) SSCBA 1992 »
4     s143(2) SSCBA 1992, 12 weeks’ ‘care home’ absence plus eight weeks’ ‘normal’ absence  »
Means-tested benefits
Universal credit
 
If your child counts as looked after
If your child is in a care home and counts as ‘looked after’ by the local authority, they are no longer included in your universal credit (UC) claim, unless it is a ‘planned short break’ (respite).1Regs 4 and 4A(1)(a) UC Regs
This means that any child element you receive, including the disabled child element, stops.2Reg 24 UC Regs If you are in rented accommodation, the housing costs element is calculated as if the child is still living with you for the first six months of absence from home, providing the child was included in the housing costs element calculation before going into a care home.3Sch 4 Part 3 para 11(2)(a) UC Regs If your UC includes the carer element, this stops when you no longer have ‘regular and substantial’ caring responsibilities for your child (see here), including if their child disability payment (CDP) care component or adult disability payment (ADP) daily living component has stopped being paid.4Regs 29 and 30 UC Regs If the child element has stopped and you have no other dependent children, you will not get a work allowance (see here) unless you or your partner have limited capability for work.5Reg 22 UC Regs If you receive help with childcare costs for the child in your UC, this will stop.6Reg 33 UC Regs The work-related requirements which apply to you may also change (see here).
Note: if the only reason you are exempt from the benefit cap (see here) is because a child for whom you are responsible is entitled to CDP or ADP, this exemption ends if the child no longer counts as part of your household.7Regs 79 and 83 UC Regs
 
If your child does not count as looked after
If your child does not count as looked after by the local authority, they should still be included in your UC claim if their absence from home is temporary. However, they are no longer included in the claim if the stay away from home is expected to last for more than six months, or has lasted for more than six months.8Reg 4(7) UC Regs There is no rule linking two or more periods of absence and therefore, arguably, even a brief stay at home followed by a return to a care home could start a new temporary period of absence. While the child is still included in your UC claim, you continue to get the child element and any disabled child element, even if CDP care component or ADP daily living component has stopped being paid (see here).9Reg 24(2) UC Regs Your work allowance (see here) is calculated taking into account that you have a dependent child.10Reg 22 UC Regs If your UC includes the carer element, this stops when you no longer have regular and substantial caring responsibilities for your child (see here), including if your child’s CDP care component or ADP daily living component has stopped being paid.11Regs 29 and 30 UC Regs If you receive help with childcare costs in your UC, this may change if you are no longer paying for childcare because your child is in a care home.
Note: if the only reason you are exempt from the benefit cap (see here) is because a child for whom you are responsible is entitled to CDP or ADP, this exemption ends if the child no longer counts as part of your household (either because they count as looked after, see above, or because they have been away for more than six months).12Regs 79 and 83 UC Regs
 
1     Regs 4 and 4A(1)(a) UC Regs »
2     Reg 24 UC Regs »
3     Sch 4 Part 3 para 11(2)(a) UC Regs »
4     Regs 29 and 30 UC Regs »
5     Reg 22 UC Regs »
6     Reg 33 UC Regs »
7     Regs 79 and 83 UC Regs »
8     Reg 4(7) UC Regs »
9     Reg 24(2) UC Regs »
10     Reg 22 UC Regs »
11     Regs 29 and 30 UC Regs »
12     Regs 79 and 83 UC Regs »
Income-related employment and support allowance
Your ESA is not normally affected if your child goes into a care home. The exception is if you are entitled to carer support payment (CSP) and this stops (see here). The carer premium (part of your income-related ESA applicable amount) stops eight weeks after your entitlement to CSP stops.1Sch 4 para 8(2) ESA Regs
 
1     Sch 4 para 8(2) ESA Regs »
Pension credit
If you are entitled to CSP and this stops, the carer addition (part of your pension credit (PC)) stops eight weeks after your entitlement to CSP stops (see here).1Sch 1 para 4(3) SPC Regs If you get a PC additional amount for a child and they go into a care home, and the child does not count as looked after by the local authority, the additional amount continues during a temporary period in a care home which is unlikely to last for more than 52 weeks or, in exceptional circumstances, unlikely to last for substantially more than 52 weeks.2Sch IIA para 6 SPC Regs The extra amount that you may get if your child has a disability (see here) continues during a temporary absence even if your child’s CDP or ADP has stopped being paid (see here).3Sch IIA para 9 SPC Regs If your child is in a care home and counts as looked after by the local authority, you no longer get the PC additional amount, unless it is a planned short break (respite).4Sch IIA para 4 SPC Regs
 
1     Sch 1 para 4(3) SPC Regs »
2     Sch IIA para 6 SPC Regs »
3     Sch IIA para 9 SPC Regs »
4     Sch IIA para 4 SPC Regs »
Housing benefit
Housing benefit (HB) may be affected in several ways if your child is in a care home. How it is affected can depend on whether your child counts as looked after by the local authority.1As defined in s17(6) C(S)A 1995 Ask the social work department if you are not sure whether your child counts as looked after.
If your child counts as looked after
A child who is in a care home for more than 24 hours, arranged by the local authority, is technically a ‘looked-after’ child.2ss17(6) and 25(8) C(S)A 1995; J McRae, Children Looked After by Local Authorities: the legal framework, Social Work Inspection Agency, 2006, p69 If they are in the care home for less than a week, or if they come home for at least part of every week, your HB is not affected, provided the local authority considers it reasonable to assess benefit as though the child were at home.3Reg 21(5) HB Regs; reg 21(5) HB(SPC) Regs A longer stay, however, may affect your benefit. Your entitlement to the personal allowance and any premiums for the child (including family premium if they are your only dependent child) may stop as soon as they go into the care home.4Reg 21(4)(a) HB Regs; reg 21(4)(a) HB(SPC) Regs Your carer premium stops eight weeks after your CSP stops.
If you are on income-related ESA or the guarantee credit of PC, you are passported to maximum HB. However, your HB may still be reduced because of the number of bedrooms you are deemed to require (the size criteria). This means that if your HB is calculated using the local housing allowance rules (see here), it may be affected if the child no longer counts as occupying the home and as a result you need fewer bedrooms.5Regs 13D and 21(1) and (2) HB Regs; regs 13D and 21(1) and (2) HB(SPC) Regs If you are under pension age and living in the social rented sector and your child no longer counts as occupying the home, you may be deemed to need fewer bedrooms and be subject to the under-occupation penalty (bedroom tax).6Reg B13 HB Regs It may be possible to argue that, even though the child is not part of your household for HB, they should still count as an occupier and they should still be included in the size criteria – eg, if they are not likely to be away indefinitely.7Regs B13 and 13D HB Regs and reg 13D(12) HB(SPC) Regs define ‘occupier’ as a person whom the local authority is satisfied occupies the claimant’s dwelling as their home Seek advice if you are in this situation.
If your HB is reduced, you can ask for a discretionary housing payment (see here) to make up some or all of the difference. Because these are discretionary, it is important to say why you need financial assistance. As well as explaining how the reduction of benefit will affect you financially, you could explain that your child is in the looked after system only as a consequence of them having to go into a care home as a result of disability, and that the rules were never intended to reduce benefit for disabled children in these circumstances.
Note: if the only reason you are exempt from the benefit cap (see here) is because the child for whom you are responsible is entitled to CDP or ADP, this exemption ends if the child no longer counts as part of your household.8Regs 75A and 75F HB Regs
If your child does not count as looked after
If your child does not count as a looked-after child (eg, the care is not arranged through the local authority or the local authority does not treat them as such for HB purposes), provided their absence is temporary, they continue to be treated as part of your household for HB.9Reg 21(1) and (2) HB Regs; reg 21 (1) and (2) HB(SPC) Regs ‘Temporary’ means that the absence is unlikely to exceed 52 weeks or, in exceptional circumstances (see below), unlikely to substantially exceed 52 weeks.
However, the amount of HB may change during the temporary absence because of the impact on premiums (part of your applicable amount – see here).
    •The carer premium stops eight weeks after your CSP stops.10Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs
    •The disabled child premium stops when the child’s CDP care component or ADP daily living component stops, unless there is another basis for getting it – ie, your child is still getting CDP mobility component, ADP mobility component or is severely sight impaired or blind.11Sch 3 para 16 HB Regs; Sch 3 para 8 HB(SPC) Regs
    •The enhanced disability premium (child) stops when the child’s CDP care component or ADP daily living component stops.12Sch 3 para 15 HB Regs; Sch 3 para 7 HB (SPC) Regs
If the absence is likely to last for more than 52 weeks, or if it has lasted for more than 52 weeks, the child is usually no longer treated as part of your household for HB. This means that the amounts in your HB applicable amount for the child will stop. The exception to this rule is if:13Reg 21(2)(b) HB Regs; reg 21(2)(b) HB(SPC) Regs
    •there are exceptional circumstances and you have no control over the length of their absence; and
    •the absence is unlikely to be substantially more than 52 weeks.
If you are on income-related ESA or the guarantee credit of PC, you are passported to maximum HB. However, your HB may still be reduced because of the impact on the number of bedrooms you are deemed to require (the size criteria). This means that if your HB is calculated using the local housing allowance rules (see here), it may be affected if the child no longer counts as occupying the home and as a result you need fewer bedrooms.14Reg 13D HB Regs; reg 13D HB(SPC) Regs If you are under pension age and living in the social rented sector and your child no longer counts as occupying the home, you may be deemed to need fewer bedrooms and be subject to the under-occupation penalty (bedroom tax).15Reg B13 HB Regs It may be possible to argue that, even though the child is not part of your household for HB, they should still count as an occupier and they should still be included in the size criteria – eg, if they are not likely to be away indefinitely.16Regs B13(5), 13D(12) HB Regs and reg 13D(12) HB(SPC) Regs define ‘occupier’ as a person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home Seek further advice if you are in this situation and look at claiming a discretionary housing payment (see here).
Note: if the only reason you are exempt from the benefit cap (see here) is because a child for whom you are responsible is entitled to CDP or ADP, this exemption ends if the child no longer counts as part of your household – eg, because they have been absent for more than 52 weeks.17Regs 75A and 75F HB Regs
 
1     As defined in s17(6) C(S)A 1995 »
2     ss17(6) and 25(8) C(S)A 1995; J McRae, Children Looked After by Local Authorities: the legal framework, Social Work Inspection Agency, 2006, p69 »
3     Reg 21(5) HB Regs; reg 21(5) HB(SPC) Regs »
4     Reg 21(4)(a) HB Regs; reg 21(4)(a) HB(SPC) Regs »
5     Regs 13D and 21(1) and (2) HB Regs; regs 13D and 21(1) and (2) HB(SPC) Regs »
6     Reg B13 HB Regs »
7     Regs B13 and 13D HB Regs and reg 13D(12) HB(SPC) Regs define ‘occupier’ as a person whom the local authority is satisfied occupies the claimant’s dwelling as their home »
8     Regs 75A and 75F HB Regs »
9     Reg 21(1) and (2) HB Regs; reg 21 (1) and (2) HB(SPC) Regs »
10     Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs »
11     Sch 3 para 16 HB Regs; Sch 3 para 8 HB(SPC) Regs »
12     Sch 3 para 15 HB Regs; Sch 3 para 7 HB (SPC) Regs »
13     Reg 21(2)(b) HB Regs; reg 21(2)(b) HB(SPC) Regs »
14     Reg 13D HB Regs; reg 13D HB(SPC) Regs »
15     Reg B13 HB Regs »
16     Regs B13(5), 13D(12) HB Regs and reg 13D(12) HB(SPC) Regs define ‘occupier’ as a person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home »
17     Regs 75A and 75F HB Regs »
Scottish child payment
Scottish child payment continues while the child is in a care home, providing you continue to satisfy the conditions of entitlement (see here).
Non-means-tested benefits
Disability benefits
If your child is in a care home and the local authority is paying some or all of the costs, the care component of CDP or daily living component of ADP for the child stops after four weeks.1Reg 17 DACYP(S) Regs; reg 27 DAWAP(S) Regs The mobility component of CDP or ADP is not affected and continues to be paid. If, instead, the local authority places the child with a family (eg, for a period of respite), both components of CDP or ADP continue to be paid.2Reg 17(5)(a) DACYP(S) Regs; reg 27(5)DAWAP(S) Regs
 
Linking rules
When counting the four weeks, two or more periods in a care home which are separated by 28 days or less count as the same period.3Reg 17(3) DACYP(S) Regs; reg 27(3) DAWAP(S) Regs See here for more details of how the linking rules work and for details of how days in a care home are counted.
 
1     Reg 17 DACYP(S) Regs; reg 27 DAWAP(S) Regs  »
2     Reg 17(5)(a) DACYP(S) Regs; reg 27(5)DAWAP(S) Regs  »
3     Reg 17(3) DACYP(S) Regs; reg 27(3) DAWAP(S) Regs  »
Carer support payment
If you are getting CSP for caring for your child, there are two main reasons why your entitlement may be affected if they go into a care home.
    •You cannot get CSP unless the person for whom you care is getting CDP care component at the middle or highest rate or ADP daily living component. If your child has been in a care home for more than four weeks, the care component/daily living component stops. This means your CSP stops.
    •To qualify for CSP, you must be caring for the disabled person for at least 35 hours a week. If your child is in a care home, you are unlikely to satisfy this rule. However, you can have some time off from caring and still be entitled to CSP.
Time off from caring
You can still be entitled to CSP during temporary breaks from caring. You can have a break from caring of up to four weeks in any 26-week period (or a break of up to 12 weeks if either you or the person for whom you care is having treatment in a hospital for at least eight of the 12 weeks1Reg 40 CA(CSP)(S) Regs). However, if the person you care for has stopped getting CDP care component or ADP daily living component, you cannot continue to get CSP.
Arranging care breaks
A ‘week off’ caring is a week in which you spend less than 35 hours caring for the disabled person. A ‘week’ for CSP runs from Sunday to Saturday.2Reg 2 CA(CSP)(S) Regs This means that, if you can arrange a care home for your child from midweek to midweek (eg, for respite), you may still be caring for them for at least 35 hours in the week they go into the care home and in the week they come home. These weeks do not count as weeks off caring.
Time spent preparing for your child’s time at home, and cleaning and washing after they have gone, can count as time spent caring for them. For example, any shopping or cooking that relates solely to the visit and any cleaning up afterwards can count as caring.3CG/006/1990; para 60041 DMG
Carer element, carer premium and carer addition
If you are on UC, the carer element stops when you no longer have regular and substantial caring responsibilities for your child (see here), including if your child’s CDP care component or ADP daily living component has stopped being paid.4Regs 29 and 30 UC Regs
If your entitlement to CSP stops, the carer premium or carer addition in your income-related ESA, PC or HB stops eight weeks after your entitlement to CSP stops.5ESA Sch 4 para 8 ESA Regs
PC Sch 1 para 4 SPC Regs
HB Sch 3 para 17 HB Regs; Sch 3 para 9 HB(SPC) Regs
See Chapter 1 for more information about the carer element, carer premium and carer addition.
 
1     Reg 40 CA(CSP)(S) Regs »
2     Reg 2 CA(CSP)(S) Regs »
3     CG/006/1990; para 60041 DMG »
4     Regs 29 and 30 UC Regs »
5     ESA Sch 4 para 8 ESA Regs
PC Sch 1 para 4 SPC Regs
HB Sch 3 para 17 HB Regs; Sch 3 para 9 HB(SPC) Regs »
Help visiting your child
If you are on a low income, you may be able to get help from the Scottish Welfare Fund (see here) for the cost of visiting your child in a care home.1SWFG para 6.7
If you are eligible, it may be possible to get a community care grant or crisis grant to help with travel expenses to visit your child in a care home. The amount awarded will normally cover the cost of standard public transport. If public transport is not available or suitable, the cost of petrol or a taxi may be given. A travel voucher may be issued.
If you are on UC, income-related ESA or PC, it should be accepted that you are on a low income, but you do not need to be on one of these benefits to get help from the Scottish Welfare Fund.
 
1     SWFG para 6.7 »