Housing benefit and council tax reduction

If you are on IS, income-based JSA, income-related ESA or the guarantee credit of PC, you get maximum housing benefit (HB)/council tax reduction (CTR). This means your HB/CTR does not normally change as a result of your child’s being in hospital, provided you remain on one of these benefits.

If you are not on one of these benefits, provided your child’s absence is temporary and expected to last for no more than 52 weeks, s/he continues to be treated as part of your household for HB/CTR for up to 52 weeks (sometimes for longer – see here).1HB Reg 21(1) and (2) HB Regs; reg 21(1) and (2) HB(SPC) Regs
CTR Reg 11(1) CTR(S) Regs; reg 11(1) CTR(SPC)(S) Regs This usually means that your applicable amount (see here) continues to include any relevant amounts and premiums for the child, although it may be different if you get UC and CTR.

If you have been getting CA and you stop being entitled, the carer premium stops eight weeks after your CA stops (see here).2HB Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs
CTR Sch 1 para 14(2) CTR(S) Regs; Sch 1 para 10(2) CTR(SPC)(S) Regs

 

1     HB Reg 21(1) and (2) HB Regs; reg 21(1) and (2) HB(SPC) Regs
CTR Reg 11(1) CTR(S) Regs; reg 11(1) CTR(SPC)(S) Regs  »

2     HB Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs
CTR Sch 1 para 14(2) CTR(S) Regs; Sch 1 para 10(2) CTR(SPC)(S) Regs »

If your child is in hospital for more than 52 weeks

Your child continues to be treated as part of your household for HB (and therefore you continue to get the child personal allowance, family premium, and enhanced disability and disabled child premium if appropriate) if s/he is in hospital for more than 52 weeks, provided:1Reg 21 HB Regs; reg 21 HB(SPC) Regs

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

Your child is treated as part of your household for CTR if her/his absence is temporary.2Reg 11(1) CTR(S) Regs; reg 11(1) CTR(SPC)(S) Regs There is no ‘52-week’ rule for CTR. This gives local authorities more flexibility with CTR than with HB.

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 DLA (or PIP), this exemption will end if the child no longer counts as part of your household.3Regs 75A and 75F HB Regs

 

1     Reg 21 HB Regs; reg 21 HB(SPC) Regs »

2     Reg 11(1) CTR(S) Regs; reg 11(1) CTR(SPC)(S) Regs »

3     Regs 75A and 75F HB Regs »