Chapter 3: Children in hospital

• 1. Child benefit and guardian’s allowance
• 2. Means-tested benefits
• Universal credit
• Income-related employment and support allowance
• Pension credit
• Housing benefit
• If your child is in hospital for more than 52 weeks
• Scottish child payment
• 3. Non-means-tested benefits
• Disability benefits
• Carer support payment
• Time off from caring
• Carer element, carer premium and carer addition
• 4. Help visiting your child
• 5. Young Patients Family Fund

Hospital inpatient

For benefits covered in this chapter other than adult disability payment (ADP), child disability payment (CDP), child benefit and guardian’s allowance, your child counts as a hospital inpatient if they are 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 For ADP, your child counts as a hospital inpatient if they are 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’.2Reg 28 DAWAP(S) Regs If your child is being treated as a private patient, they do 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  »

2     Reg 28 DAWAP(S) Regs  »

3     SSWP v Slavin [2011] EWCA Civ 1515 »