Chapter 3: Children in hospital

This chapter covers:

1. Child benefit and guardian’s allowance (here)

2. Means-tested benefits (here)

3. Non-means-tested benefits (here)

4. Tax credits (here)

5. Help visiting your child (here)

Hospital inpatient

For benefits other than personal independence payment (PIP), your child counts as a hospital inpatient if s/he is being maintained free of charge while having medical or other treatment as an inpatient in an NHS hospital or similar institution.1Reg 2(4) SS(HIP) Regs; regs 8 and 12A SS(DLA) Regs For PIP, your child counts as a hospital inpatient if s/he is undergoing medical or other treatment as an inpatient in a hospital or similar institution and any of the costs of treatment, accommodation or related services are paid for out of ‘public funds’.2s86(2) and (3) WRA 2012; reg 29(2) SS(PIP) Regs; para P3062 ADM If your child is being treated as a private patient, s/he does not count as an inpatient for benefit purposes.

‘Medical or other treatment’ is treatment by a doctor, dentist or professionally qualified or trained nurse, or by someone under the supervision of such a person.3SSWP v Slavin [2011] EWCA Civ 1515

 

1     Reg 2(4) SS(HIP) Regs; regs 8 and 12A SS(DLA) Regs  »

2     s86(2) and (3) WRA 2012; reg 29(2) SS(PIP) Regs; para P3062 ADM »

3     SSWP v Slavin [2011] EWCA Civ 1515 »