If your child is not looked after by the local authority
If your child is not looked after by the local authority and the absence is temporary, s/he continues to be treated as part of your household for housing benefit (HB)/council tax reduction (CTR).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 For HB, ‘temporary’ means that the absence is unlikely to exceed 52 weeks or, in exceptional circumstances, unlikely to substantially exceed 52 weeks. For CTR, there is no ‘52-week’ rule. This gives the local authority more flexibility with CTR than with HB. However, even if your child is still treated as part of your household, the amount of HB/CTR may change because of the impact on premiums (part of your ‘applicable amount’ – see here) or, if you are getting UC and CTR, your UC applicable amount changes. See below if the absence is not temporary. 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(4) CTR(S) Regs; Sch 1 para 10(2) CTR(SPC)(S) Regs If you get CA again (see here), the carer premium should start again and continue while you are getting CA, and for eight weeks after it stops again. If your child is away at school, the disabled child premium stops when the child’s DLA care component or PIP daily living component stops (see here), unless there is another basis for getting it – ie, your child is still getting DLA/PIP mobility component, or is severely sight impaired or blind.3HB Sch 3 para 16 HB Regs; Sch 3 para 8 HB(SPC) RegsCTR Sch 1 para 13 CTR(S) Regs; Sch 1 para 9 CTR (SPC)(S) Regs The enhanced disability premium stops when the DLA care component or PIP daily living component stops.4HB Sch 3 para 15 HB Regs; Sch 3 para 7 HB (SPC) RegsCTR Sch 1 para 12 CTR(S) Regs; Sch 1 para 8 CTR(SPC)(S) Regs If you are on IS, income-based JSA, income-related ESA or the guarantee credit of PC, changes to the premiums in your applicable amount do not affect the amount of HB/CTR you get, as you are ‘passported’ to maximum HB/CTR.
If the absence is not temporary
If the absence is not temporary, the child does not count as part of your household for HB/CTR purposes and the personal allowance and premiums for her/him stop. If you do not have any other children still at home, the family premium, if you are receiving it, also stops.
If you are on IS, income-based JSA, income-related ESA or the guarantee credit of PC, you are ‘passported’ to maximum HB/CTR. 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.5Reg 13D HB 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