Income support and income-based jobseeker’s allowance

During the first 12 weeks of a temporary absence, your child is still treated as part of your household for income support (IS) or income-based jobseeker’s allowance (JSA).1IS Reg 16(1) and (5)(b) IS Regs
JSA Reg 78(1) and (5)(c) JSA Regs After 12 weeks’ absence, s/he is still treated as part of your household, provided you are still in regular contact with her/him.2IS Reg 16(5)(b) IS Regs
JSA Reg 78(5)(c) JSA Regs Regular contact is not defined. Department for Work and Pensions (DWP) guidance says that regular contact includes visits, letters and telephone calls that take place regularly or frequently, and that weekly or monthly visits are considered regular contact.3para 22074 DMG The DWP normally continues to treat the child as part of your household for the first year of absence, provided child benefit remains in payment for her/him.4para 22075 DMG After 52 weeks in hospital, a child is normally no longer treated as being part of your household, but there are exceptions (see here).5IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs

How your benefit is actually affected depends on whether or not you still get amounts in your IS/income-based JSA for your child.

 

1     IS Reg 16(1) and (5)(b) IS Regs
JSA Reg 78(1) and (5)(c) JSA Regs »

2     IS Reg 16(5)(b) IS Regs
JSA Reg 78(5)(c) JSA Regs »

3     para 22074 DMG »

4     para 22075 DMG »

5     IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs »

If you do not get amounts for your child

Most people who are on IS/income-based JSA do not get amounts in IS/income-based JSA for their child(ren), and instead get child tax credit (CTC) (see here). In this situation, the amount of benefit you get should be unaffected by your child’s stay in hospital, unless you stop being entitled to carer’s allowance (CA) for the child or the child no longer counts as part of your household. If you stop being entitled to CA for the child, entitlement to the carer premium stops eight weeks after this date (see here).1IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs If claiming CA was the only basis for your IS claim, eight weeks after CA stops, you can no longer claim IS on this basis.2Sch 1B para 5 IS Regs If the child no longer counts as part of your household, your benefit may be affected. For example, if you no longer count as responsible for a child aged under five, you cannot claim IS as a lone parent. If you have no other basis for your IS award, you can no longer claim IS.

 

1     IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs »

2     Sch 1B para 5 IS Regs »

If you still get amounts for your child

You will only be getting amounts for your child in your IS/income-based JSA if you have been claiming for a child since before 6 April 2004 and you have not claimed CTC (see here). While your child is still considered part of your household, you continue to get a child personal allowance and family premium. If you are getting the disabled child premium and/or the enhanced disability premium, this will also continue.

If you have been getting CA and you stop being entitled, the carer premium stops eight weeks after your CA stops (see here).1IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs If you are getting IS only because you were getting CA, eight weeks after CA stops, you can no longer claim IS on this basis.

 

1     IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs »

If your child is in hospital for more than 52 weeks

If the hospital stay is expected 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 IS/income-based JSA purposes.1IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs This means that if you have still been getting amounts for your child in your IS/income-based JSA, these will stop. The exception to this rule is if:2IS Reg 16(2)(b) IS Regs
JSA Reg 78(2)(b) JSA Regs

•there are exceptional circumstances – eg, s/he is in hospital and you have no control over the length of her/his absence; and
•the absence is unlikely to be to be substantially more than 52 weeks.

If this applies, the child can still be treated as part of your household for more than 52 weeks. However, the enhanced disability premium and the disabled child premium will stop after 52 weeks.3IS Reg 2(1) and Sch 2 paras 13A(2)(a)(ii) and 14(2)(b) IS Regs
JSA Reg 1 and Sch 1 paras 15A(2)(ii) and 16(2)(b) JSA Regs These premiums are only an issue if you still get child amounts in your IS/income-based JSA, which is now very unusual.

 

1     IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs »

2     IS Reg 16(2)(b) IS Regs
JSA Reg 78(2)(b) JSA Regs »

3     IS Reg 2(1) and Sch 2 paras 13A(2)(a)(ii) and 14(2)(b) IS Regs
JSA Reg 1 and Sch 1 paras 15A(2)(ii) and 16(2)(b) JSA Regs »