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Children's Handbook Scotland | 2022/23

Chapter 3: Children in hospital

• 1. Child benefit and guardian’s allowance
• 2. Means-tested benefits
• Universal credit
• Income support and income-based jobseeker’s allowance
• If you do not get amounts for your child
• If you still get amounts for your child
• If your child is in hospital for more than 52 weeks
• Income-related employment and support allowance
• Pension credit
• Housing benefit and council tax reduction
• If your child is in hospital for more than 52 weeks
• Scottish child payment
• 3. Non-means-tested benefits
• Disability living allowance, child disability payment and personal independence payment
• Carer’s allowance
• Time off from caring
• Carer element, carer premium and carer addition
• 4. Tax credits
• The amount of tax credits
• 5. Help visiting your child

Hospital inpatient

For benefits other than personal independence payment (PIP), child disability payment (CDP), child benefit and guardian’s allowance, your child counts as a hospital inpatient if s/he is being maintained free of charge while having medical or other treatment as an inpatient in an NHS hospital or similar institution.1Reg 2(4) SS(HIP) Regs; regs 8 and 12A SS(DLA) Regs For PIP, your child counts as a hospital inpatient if s/he is undergoing medical or other treatment as an inpatient in a hospital or similar institution and any of the costs of treatment, accommodation or related services are paid for out of ‘public funds’.2s86(2) and (3) WRA 2012; reg 29(2) SS(PIP) Regs; para P3062 ADM If your child is being treated as a private patient, s/he does not count as an inpatient for benefit purposes.

‘Medical or other treatment’ is treatment by a doctor, dentist or professionally qualified or trained nurse, or by someone under the supervision of such a person.3SSWP v Slavin [2011] EWCA Civ 1515 For CDP, child benefit and guardian’s allowance, there is no statutory definition of hospital inpatient and it should be given its ordinary meaning.

 

1     Reg 2(4) SS(HIP) Regs; regs 8 and 12A SS(DLA) Regs  »

2     s86(2) and (3) WRA 2012; reg 29(2) SS(PIP) Regs; para P3062 ADM »

3     SSWP v Slavin [2011] EWCA Civ 1515 »