Means-tested benefits

Means-tested benefits

Universal credit

When your child comes home, your UC should be adjusted to include the child element. This should happen even if the child is still ‘looked after’ by the local authority.1Regs 4 and 4A UC Regs However, if s/he is only coming home for short periods, your UC may not increase because of the way UC ‘assessment periods’ work – eg, if s/he both comes home and goes back to foster carers or residential accommodation within the same assessment period.

 

1     Regs 4 and 4A UC Regs »

Income support and jobseeker’s allowance

If you were getting IS or income-based JSA which included amounts (personal allowance and premiums) for your child before s/he was looked after and accommodated, you do not get these amounts again when your child comes back to live with you, unless you have continued to get amounts for another child in your IS/income-based JSA.

If you have continued to get a personal allowance for another child in the family while a child has been looked after and accommodated, your IS/income-based JSA can be increased when your child comes back to live with you. If s/he comes to stay part of the time, you can get the increase for the days s/he stays with you.1IS Reg 16(6) IS Regs; Sch 3A para 3(b) SS&CS(DA) Regs
JSA Reg 78(7) JSA Regs; Sch 3A para 8(b) SS&CS(DA) Regs If this applies, make sure you tell the Department for Work and Pensions (DWP) about any days your child spends at home and check that your IS/income-based JSA is adjusted correctly.

If you were not getting amounts for your child in your IS/income-based JSA before s/he became looked after and accommodated, your IS/income-based JSA is unlikely to be affected until your child comes home on a full-time basis, although you will then usually have to claim UC instead (see here).

 

1     IS Reg 16(6) IS Regs; Sch 3A para 3(b) SS&CS(DA) Regs
JSA Reg 78(7) JSA Regs; Sch 3A para 8(b) SS&CS(DA) Regs »

Pension credit

If you are entitled to a pension credit (PC) additional amount for your child, your PC should be adjusted to include this again when your child comes home, even if your child is still ‘looked after’ by the local authority, provided you have parental responsibility for the child.1Sch 2A para 4(1) and (3)(b) SPC Regs

 

1     Sch 2A para 4(1) and (3)(b) SPC Regs »

Housing benefit and council tax reduction

When your child comes home, your housing benefit (HB) and council tax reduction (CTR) should be adjusted to include her/his personal allowance and any premiums. If you have not been getting maximum HB/CTR, this may mean you are entitled to more benefit. If your child comes home for part of a week, the local authority can calculate your benefit as if s/he is at home for the whole week if it considers it is reasonable to do so, taking into account the nature and frequency of the child’s visits.1HB Reg 21(5) HB Regs; reg 21(5) HB(SPC) Regs
CTR Reg 11(4) CTR(S) Regs; reg 11(4) CTR(SPC)(S) Regs The child should also be included in the ‘size criteria’. Also tell the local authority if your income changes.

If your HB has stopped and you need to make a new claim, you may need to claim UC instead (see here).

 

1     HB Reg 21(5) HB Regs; reg 21(5) HB(SPC) Regs
CTR Reg 11(4) CTR(S) Regs; reg 11(4) CTR(SPC)(S) Regs »