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Children's Handbook Scotland | 2022/23

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

Universal credit

Your child continues to be included in your universal credit (UC) claim if the child’s stay in hospital is temporary. However, s/he is no longer included in your claim if the hospital stay is expected to last for more than six months, or has lasted for more than six months.1Reg 4(7) UC Regs
While the child is still included in your UC claim, you continue get the child element and any disabled child element.2Reg 24(2) UC Regs Your work allowance (see here) is calculated taking into account that you have a dependent child.3Reg 22 UC Regs However, if you receive the carer element in respect of caring for the child who is in hospital, this stops if you no longer have ‘regular and substantial’ caring responsibilities for your child (see here).4Regs 29 and 30 UC Regs You can have a short break in caring and still count as having ‘regular and substantial’ caring responsibilities. This break can last for up to 12 weeks if your child has been in hospital for at least eight of those weeks. If you are in rented accommodation, the housing costs element is calculated as if the child is living with you for the first six months your child is in hospital.5Reg 4(7)(a) and Sch 4 para 11 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 in hospital.

Note: if the only reason you are exempt from the benefit cap (here) is because a child for whom you are responsible is entitled to disability living allowance (DLA), child disability payment (CDP) or personal independence payment (PIP), this exemption ends if the child is no longer part of your UC claim.6Regs 79 and 83 UC Regs

 

1     Reg 4(7) UC Regs
 »

2     Reg 24(2) UC Regs »

3     Reg 22 UC Regs »

4     Regs 29 and 30 UC Regs »

5     Reg 4(7)(a) and Sch 4 para 11 UC Regs »

6     Regs 79 and 83 UC Regs »

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

During the first 12 weeks of a temporary absence, your child is still treated as part of your household for income support (IS) or income-based jobseeker’s allowance (JSA).1IS Reg 16(1) and (5)(b) IS Regs
JSA Reg 78(1) and (5)(c) JSA Regs
After 12 weeks’ absence, s/he is still treated as part of your household, provided you are still in regular contact with her/him.2IS Reg 16(5)(b) IS Regs
JSA Reg 78(5)(c) JSA Regs
Regular contact is not defined. Department for Work and Pensions (DWP) guidance says that regular contact includes visits, letters and telephone calls that take place regularly or frequently, and that weekly or monthly visits are considered regular contact.3para 22074 DMG The DWP normally continues to treat the child as part of your household for the first year of absence, provided child benefit remains in payment for her/him.4para 22075 DMG After 52 weeks in hospital, a child is normally no longer treated as being part of your household, but there are exceptions (see here).5IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs

How your benefit is actually affected depends on whether or not you still get amounts in your IS/income-based JSA for your child.

 

1     IS Reg 16(1) and (5)(b) IS Regs
JSA Reg 78(1) and (5)(c) JSA Regs
 »

2     IS Reg 16(5)(b) IS Regs
JSA Reg 78(5)(c) JSA Regs
 »

3     para 22074 DMG »

4     para 22075 DMG »

5     IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs
 »

If you do not get amounts for your child

Most people who are on IS/income-based JSA do not get amounts in IS/income-based JSA for their child(ren), and instead get child tax credit (CTC) (see here). In this situation, the amount of benefit you get should be unaffected by your child’s stay in hospital, unless you stop being entitled to carer’s allowance (CA) for the child or the child no longer counts as part of your household. If you stop being entitled to CA for the child, entitlement to the carer premium stops eight weeks after this date (see here).1IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs
If claiming CA was the only basis for your IS claim, eight weeks after CA stops, you can no longer claim IS on this basis.2Sch 1B para 5 IS Regs If the child no longer counts as part of your household, your benefit may be affected. For example, if you no longer count as responsible for a child aged under five, you cannot claim IS as a lone parent. If you have no other basis for your IS award, you can no longer claim IS.

 

1     IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs
 »

2     Sch 1B para 5 IS Regs »

If you still get amounts for your child

You will only be getting amounts for your child in your IS/income-based JSA if you have been claiming for a child since before 6 April 2004 and you have not claimed CTC (see here). While your child is still considered part of your household, you continue to get a child personal allowance and family premium. If you are getting the disabled child premium and/or the enhanced disability premium, this will also continue.

If you have been getting CA and you stop being entitled, the carer premium stops eight weeks after your CA stops (see here).1IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs
If you are getting IS only because you were getting CA, eight weeks after CA stops, you can no longer claim IS on this basis.

 

1     IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs
 »

If your child is in hospital for more than 52 weeks

If the hospital stay is expected to last for more than 52 weeks, or if it has lasted for more than 52 weeks, the child is usually no longer treated as part of your household for IS/income-based JSA purposes.1IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs
So, if you have still been getting amounts for your child in your IS/income-based JSA, these will stop. The exception to this rule is if:2IS Reg 16(2)(b) IS Regs
JSA Reg 78(2)(b) JSA Regs

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

If this applies, the child can still be treated as part of your household for more than 52 weeks. However, the enhanced disability premium and the disabled child premium will stop after 52 weeks.3IS Reg 2(1) and Sch 2 paras 13A(2)(a)(ii) and 14(2)(b) IS Regs
JSA Reg 1 and Sch 1 paras 15A(2)(a)(ii) and 16(2)(b) JSA Regs
These premiums are only an issue if you still get child amounts in your IS/income-based JSA, which is now extremely unusual.

 

1     IS Reg 16(2) IS Regs
JSA Reg 78(2) JSA Regs
 »

2     IS Reg 16(2)(b) IS Regs
JSA Reg 78(2)(b) JSA Regs
 »

3     IS Reg 2(1) and Sch 2 paras 13A(2)(a)(ii) and 14(2)(b) IS Regs
JSA Reg 1 and Sch 1 paras 15A(2)(a)(ii) and 16(2)(b) JSA Regs
 »

Income-related employment and support allowance

There are no amounts in employment and support allowance (ESA) for dependent children and therefore your ESA is not normally affected if your child goes into hospital. The exception is if you are entitled to CA and this stops. The carer premium (part of your income-related ESA applicable amount) stops eight weeks after your entitlement to CA stops (see here).1Sch 4 para 8(2) ESA Regs

 

1     Sch 4 para 8(2) ESA Regs
 »

Pension credit

If you are entitled to CA and it stops, the carer addition (part of your pension credit (PC)) stops eight weeks after your entitlement to CA stops (see here).1Sch 1 para 4(3) SPC Regs Some PC claimants who are responsible for a child or qualifying young person get an additional amount for her/him in their PC (instead of getting CTC). If you get a PC additional amount for a child and s/he goes into hospital, the additional amount continues during a temporary period in hospital which is unlikely to last for more than 52 weeks, or unlikely to last for substantially more than 52 weeks.2Sch 2A para 6 SPC Regs

 

1     Sch 1 para 4(3) SPC Regs »

2     Sch 2A para 6 SPC Regs »

Housing benefit and council tax reduction

• If your child is in hospital for more than 52 weeks

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, CDP 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 »

Scottish child payment

Scottish child payment continues while the child is in hospital, providing you continue to satisfy the conditions of entitlement (see here).