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Children's Handbook Scotland | 2023/24

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, personal independence payment and adult disability 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), adult disability payment (ADP), 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 and ADP, 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; reg 28 DAWAP(S) Regs 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; reg 28 DAWAP(S) Regs  »

3     SSWP v Slavin [2011] EWCA Civ 1515 »