2. Means-tested benefits

• Universal credit
• Income support and income-based jobseeker’s allowance
• 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 their stay in hospital is temporary. However, they are 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 to 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 child disability payment (CDP), adult disability payment (ADP) 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 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, they are still treated as part of your household, provided you are still in regular contact with them.2IS Reg 16(5)(b) IS Regs
JSA Reg 78(5)(c) JSA Regs Regular contact is not defined. 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 them.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

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) or carer support payment (CSP) for the child or they no longer count as part of your household. If you stop being entitled to CA/CSP for the child, entitlement to the carer premium stops eight weeks after this date (see here).6IS Sch 2 para 14ZA(3) IS Regs
JSA Sch 1 para 17(3) JSA Regs If claiming CA/CSP was the only basis for your IS claim, eight weeks after CA/CSP stops, you can no longer claim IS on this basis.7Sch 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 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 »

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

7     Sch 1B para 5 IS 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 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, they are in hospital and you have no control over the length of their absence; and
•the absence is unlikely 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.

 

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 »

Income-related employment and support allowance

Your ESA is not normally affected if your child goes into hospital. 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 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/CSP and it stops, the carer addition (part of your pension credit (PC)) stops eight weeks after your entitlement to CA/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. If you get a PC additional amount for a child and they go 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 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, they continue to be treated as part of your household for HB/CTR. For HB, ‘temporary’ means for up to 52 weeks (sometimes for longer – see here). 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.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 This usually means that your applicable amount (see here) continues to include any relevant amounts and premiums for the child.

If you have been getting CA/CSP and you stop being entitled, 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 5(6) 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 7(9) 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 5(6) 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 they are in hospital for more than 52 weeks, provided:1Reg 21 HB Regs; reg 21 HB(SPC) Regs

•there are exceptional circumstances – eg, they are in hospital and you have no control over the length of their absence. This is an example given in the law; and
•the absence is unlikely to be substantially more than 52 weeks.

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 will end if the child no longer counts as part of your household.2Regs 75A and 75F HB Regs

 

1     Reg 21 HB Regs; reg 21 HB(SPC) Regs »

2     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).