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

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) or adult disability payment (ADP), 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-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 CSP and this stops. The carer premium (part of your income-related ESA applicable amount) stops eight weeks after your entitlement to 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 CSP and it stops, the carer addition (part of your pension credit (PC)) stops eight weeks after your entitlement to CSP stops (see here).1Sch 1 para 4(3) SPC Regs 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

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

If you are on income-related ESA, guarantee credit of PC or UC, you get maximum housing benefit (HB). This means your HB 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. ‘Temporary’ means for up to 52 weeks (sometimes for longer – see here). 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 CSP and you stop being entitled, the carer premium stops eight weeks after your CSP stops (see here).1Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs

 

1     Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) 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 or ADP, 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).