Children's Handbook Scotland | 2023/24Chapter 5: Disabled children at residential school 2. Means-tested benefits
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2. Means-tested benefits
How your benefit is affected can depend on whether or not your child counts as ‘looked after’ by the local authority.1As defined by s17(6) C(S)A 1995 Ask the social work department of your local authority if you are not sure whether your child is looked after.
Universal credit
If your child is not looked after by the local authority
If your child does not count as ‘looked after’ by the local authority, they should still be included in your universal credit (UC) claim if their absence from home is temporary. However, they are no longer included in the claim if the stay away from home is expected to last for more than six months, or has lasted for more than six months.1Reg 4(7) UC Regs There is no rule ‘linking’ two or more periods of absence from home and therefore even a brief stay at home followed by a return to residential school should start a new temporary period of absence. DWP guidance suggests that a child who is away at school during term-time, but who returns home during holidays, would still be included in your UC claim.2para F1073 ADM While the child is still included in your UC claim, you continue to get the child element and any disabled child element, even if child disability payment (CDP) care component or adult disability payment (ADP) or personal independence payment (PIP) daily living component has stopped being paid (see here).3Reg 24 UC Regs Your work allowance (see here) is calculated taking into account that you have a dependent child.4Reg 22 UC Regs If your UC includes the carer element, it stops when you no longer have regular and substantial caring responsibilities for your child (see here), including if their CDP care component or ADP or PIP daily living component has stopped being paid.5Regs 29 and 30 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 away at school.
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 CDP, ADP or PIP, this exemption ends if the child no longer counts as part of the household – eg, if they have been away from home for more than six months.6Regs 79 and 83 UC Regs
If your child is looked after by the local authority
If your child is away at school and counts as ‘looked after’ by the local authority, they are no longer included in your UC claim unless it is a ‘planned short break’ (respite).1Regs 4 and 4A UC Regs This means that any child element, including any disabled child element, you receive for them stops.2Reg 24 UC Regs If you are in rented accommodation, the housing costs element is calculated as if the child is still living with you for the first six months of absence from home.3Sch 4 part 3 para 11(2) UC Regs If your UC includes the carer element, it stops when you no longer have ‘regular and substantial’ caring responsibilities for your child (see here), including if their CDP care component or ADP or PIP daily living component has stopped being paid (see here).4Regs 29 and 30 UC Regs If the child element has stopped and you have no other dependent children, you will not get a work allowance (see here) unless you or your partner have limited capability for work.5Reg 22 UC Regs Any help with childcare costs for the child in your UC stops.6Reg 33 UC Regs The work-related requirements which apply to you may also change (see here).
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 CDP, ADP or PIP, this exemption ends if the child no longer counts as part of your household.7Regs 79 and 83 UC Regs
Income support and income-based jobseeker’s allowance
If your child is not looked after by the local authority
If your child is not looked after by the local authority and their absence is treated as temporary, they continue to be part of your household for income support (IS)/income-based jobseeker’s allowance (JSA).1IS Reg 16(1) and (2) IS Regs
JSA Reg 78(1) and (2) JSA Regs
 ‘Temporary’ means that the absence is unlikely to exceed 52 weeks or, in exceptional circumstances, unlikely to substantially exceed 52 weeks. See here if the absence is not temporary.
However, even if the absence is temporary, the amount of IS/income-based JSA may change because of the impact on premiums (part of your ‘applicable amount’ – see here).
If your IS/income-based JSA does not include amounts for children (ie, you get child tax credit (CTC) instead), the amount you get may be affected if you get a carer premium. If you are claiming IS as a carer, you are no longer able to do so from eight weeks after your carer’s allowance (CA) or carer support payment (CSP) stops (see here).
If your IS/income-based JSA still includes amounts for children (ie, you have been getting IS/JSA since before 6 April 2004 and have not claimed CTC), the amount may change because of the impact on premiums (carer premium, disabled child premium and enhanced disability premium).
The carer premium stops eight weeks after your CA/CSP stops (see here).2IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17 (3) JSA Regs
If you get CA/CSP again (see here), the carer premium should start again and continue while you are getting CA/CSP and for eight weeks after it stops again.
If your child is away at school, the disabled child premium stops when the child’s CDP care component or ADP or PIP daily living component stops (see here), unless there is another basis for getting it – ie, if your child is still getting CDP, ADP or PIP mobility component or is severely sight impaired or blind.3IS Sch 2 para 14 IS Regs, pre-amendment by SS(WTCCTC)(CA) Regs
JSA Sch 1 para 16 JSA Regs, pre-amendment by SS(WTCCTC)(CA) Regs
 The enhanced disability premium stops when the CDP care component or ADP or PIP daily living component stops.4IS Sch 2 para 13A IS Regs, pre-amendment by SS(WTCCTC)(CA) Regs
JSA Sch 1 para 15A JSA Regs, pre-amendment by SS(WTCCTC)(CA) Regs
If your child’s CDP/ADP/PIP starts being paid again (eg, when they come home for a weekend or a holiday – see here), the disability and enhanced disability premium should be paid for the days you are entitled to them.5Sch 3A para 3 SS&CS(DA) Regs
If the absence is not temporary
If the absence is not temporary, your child does not count as part of your household for IS/income-based JSA. If you still receive amounts for the child in your IS/income-based JSA, these stop.
If you are a lone parent and do not have another dependent child aged under five living with you, you can no longer claim IS as a lone parent.
If your child is looked after by the local authority
How your IS/income-based JSA is affected depends on whether or not you still get amounts in your IS/income-based JSA for your child. Normally, your IS/income-based JSA does not include amounts for children – you get CTC instead. In this case, if your child goes to a residential school, your IS/JSA may be affected in two situations.
    •If you get a carer premium, it stops eight weeks after your CA/CSP stops (see here). If you are getting IS because you are a carer, from eight weeks after your CA/CSP stops you can no longer claim IS on that basis.
    •If you are a lone parent and do not have another dependent child aged under five living with you, as soon as your child is away at school, you can no longer claim IS as a lone parent.
If your IS/income-based JSA does still include amounts for children (ie, you have been getting IS/JSA since before 6 April 2004 and have not claimed CTC – see here), your entitlement to the personal allowance for the child and any disability or enhanced disability premium stops as soon as your child is away at school, if they count as looked after.1IS Reg 16(5)(c) IS Regs
JSA Reg 78(5)(d0 JSA Regs
 If you do not have another dependent child at home, your family premium also stops. Any carer premium, or your continued eligibility for IS as a carer or lone parent, is affected in the same way as described above (see here).
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 is away at school. The exception is if you are entitled to CA/CSP and this stops. The carer premium (part of your income-related ESA applicable amount) stops eight weeks after your entitlement to CA/CSP ends.1Sch 4 para 8(2) ESA Regs
If you get CA/CSP again (see here), the carer premium should start again and continue while you are getting CA/CSP, and for eight weeks after it stops again.
Pension credit
If you are entitled to CA or CSP and this stops, the carer addition (part of your pension credit (PC)) stops eight weeks after your entitlement to CA or CSP 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 them in their PC (instead of getting CTC). If you get a PC additional amount for a child and they go to residential school, and the child does not count as looked after by the local authority, the additional amount continues during a temporary period away at school which is unlikely to last for more than 52 weeks or, in exceptional circumstances, unlikely to last for substantially more than 52 weeks.2Sch 2A para 6 SPC Regs The higher amounts that may be paid because your child has a disability (see here) continue even if CDP care component or ADP or PIP daily living component for them has stopped being paid.3Sch 2A para 9 SPC Regs If your child is away at school and counts as looked after by the local authority, you no longer get the PC additional amount for them unless it is a ‘planned short break’ (respite).4Sch 2A para 4 SPC Regs
Housing benefit and council tax reduction
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, they continue 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 7(9) 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, if you are under pension age, ‘temporary’ means the absence has not exceeded, or is not expected to exceed, six months. If you have reached pension age, there is no specific definition of ‘temporary’ for CTR. 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). See below if the absence is not temporary.
The carer premium stops eight weeks after your CA/CSP 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/CSP again (see here), the carer premium should start again and continue while you are getting CA/CSP, and for eight weeks after it stops again.
If your child is away at school, the disabled child premium stops when the child’s CDP care component or ADP or PIP daily living component stops (see here), unless there is another basis for getting it – ie, your child is still getting CDP/ADP/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 3 CTR(S) Regs; Sch 1 para 9 CTR (SPC)(S) Regs The enhanced disability premium stops when the CDP care component or ADP or PIP daily living component stops.4HB Sch 3 para 15 HB Regs; Sch 3 para 7 HB (SPC) Regs
CTR Sch 1 para 14 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 them 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; reg 13D HB(SPC)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
If your child is looked after by the local authority
If your child is looked after by the local authority, the personal allowance and premiums for them stop as soon as they are away at school.1HB Reg 21(4)(a) HB Regs; reg 21(4)(a) HB(SPC) Regs
CTR Reg 7(8) CTR(S) Regs; reg 11(3)(a) CTR(SPC)(S) Regs
 If you do not have any other children still at home, the family premium, if you are receiving it, also stops.
If your child comes home for some of the time (eg, at weekends), the personal allowance and premiums (if appropriate) can be included again in your HB applicable amount for the whole of the benefit week if it is ‘reasonable to do so’, taking into account the nature and frequency of the child’s visits.2HB Reg 21(5) HB Regs; reg 21(5) HB(SPC) Regs
 This rule also applies to CTR if you have reached pension age.3Reg11(4) CTR(SPC)(S) Regs
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 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.4Reg 13D HB Regs; reg 13D HB(SPC) 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).5Reg B13 HB Regs It may be possible to argue that, even though the child is not part of your ‘household’ for HB/CTR, they should still count as an ‘occupier’ and they should still be included in the size criteria – eg, if they are not likely to be away indefinitely.6Regs B13(5) and 13D(12) HB Regs and reg 13D(12) HB(SPC) Regs define ‘occupier’ as a person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home Seek advice if you are in this situation and look at claiming a discretionary housing payment (see here).
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 CDP, ADP or PIP, this exemption ends if the child no longer counts as part of your household (either because they count as ‘looked after’ or because they have been absent for more than 52 weeks).7Regs 75A and 75F HB Regs
Scottish child payment
Scottish child payment continues while the child is away at school, providing you continue to satisfy the conditions of entitlement (see here).