Universal credit

If your child is not looked after by the local authority

If your child does not count as ‘looked after’ by the local authority, s/he should still be included in your universal credit (UC) claim if her/his absence from home is temporary. However, s/he is 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.1Reg 4(7) UC Regs There is no rule ‘linking’ two or more periods of absence from home and, therefore, arguably, even a brief stay at home followed by a return to residential school could start a new temporary period of absence. DWP guidance suggests that a child who is away at school during term-time, but who returns home during holidays, would still be included in your UC claim.2para F1073 ADM While the child is still included in your UC claim, you continue to get the child element and any disabled child element, even if disability living allowance (DLA) care component or personal independence payment (PIP) daily living component has stopped being paid (see here).3Reg 24 UC Regs Your work allowance (see here) is calculated taking into account that you have a dependent child.4Reg 22 UC Regs If your UC includes the carer element, it stops when you no longer have ‘regular and substantial’ caring responsibilities for your child (see here), including if your child’s DLA care component or PIP daily living component has stopped being paid.5Regs 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 away at school.

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 ends if the child no longer counts as part of the household – eg, if s/he has been away from home for more than six months.6Regs 79 and 83 UC Regs

 

1     Reg 4(7) UC Regs »

2     para F1073 ADM »

3     Reg 24 UC Regs »

4     Reg 22 UC Regs »

5     Regs 29 and 30 UC Regs »

6     Regs 79 and 83 UC Regs »

If your child is looked after by the local authority

If your child is away at school and counts as ‘looked after’ by the local authority, s/he is no longer included in your UC claim unless it is a ‘planned short break’ (respite).1Regs 4 and 4A UC Regs This means that any child element you receive for her/him 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.3Sch 4 part 3 para 11(2) UC Regs If your UC includes the carer element, it stops when you no longer have ‘regular and substantial’ caring responsibilities for your child (see here), including if your child’s DLA care component or PIP daily living component has stopped being paid (see here).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 Any help with childcare costs for the child in your UC stops.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 DLA (or PIP), this exemption ends if the child no longer counts as part of your household.7Regs 79 and 83 UC Regs

 

1     Regs 4 and 4A UC Regs »

2     Reg 24 UC Regs »

3     Sch 4 part 3 para 11(2) 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 »