Children's Handbook Scotland 2025/26Chapter 6: Children who are 'looked after and accommodated' 1. Benefits for children who are 'looked after and accommodated'
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1. Benefits for children who are ‘looked after and accommodated’
Child benefit
Your entitlement to child benefit stops if your child has been looked after and accommodated for at least one day a week for eight consecutive weeks.1s147(2) and Sch 9 para 1 SSCBA 1992; regs 16(1)(a) and 18 CB Regs A ‘day’ for this purpose means midnight to midnight2R(F) 3/85 and a ‘week’ means a period of seven days starting on a Monday.3s147(1) SSCBA 1992
You have a duty to notify the Child Benefit Office of any changes in your circumstances, including if your child has been looked after and accommodated for eight weeks. Contact the Child Benefit Office as soon as you know your child is likely to be looked after and accommodated for eight weeks or more. HMRC provides a form (CH193) for local authorities to use to notify the Child Benefit Office if a child has started to be looked after by them. This can be completed online at gov.uk/government/publications/child-benefit-local-authority-or-care-trust-notification-ch193. You should not rely on the local authority advising the Child Benefit Office as it is still your responsibility and , to avoid overpayment, make sure you also tell the Child Benefit Office about any change.
Do not assume that by telling one section of the DWP or HMRC that all the other sections will get the same information. You need to tell the Child Benefit Office even if you have already told the DWP, Social Security Scotland (SSS) or local authority.
 
1     s147(2) and Sch 9 para 1 SSCBA 1992; regs 16(1)(a) and 18 CB Regs »
2     R(F) 3/85 »
3     s147(1) SSCBA 1992 »
Means-tested benefits
Universal credit
If your child is looked after and accommodated, they are no longer included in your universal credit (UC) claim, unless it is a ‘planned short break’ (respite).1Reg 4 and 4A UC Regs This means that any child element, including any disabled child element, you receive 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 para 11(2)(a) UC Regs. The rules say that the absence must be temporary, but it is unclear whether the DWP would question whether the child is temporarily or permanently absent. If your child is looked after and accommodated, they do not count as a dependent child for the purpose of calculating your work allowance (see here). If you have been getting help with childcare costs for the child, this stops. The changes to your UC take effect from the start of the assessment period in which they happen. The ‘assessment period’ is a period of one month.
Example
Faye claimed UC on 15 May 2025. Her first assessment period for UC is 15 May 2025 to 14 June 2025 and every assessment period after that follows the same dates (15th of the month to 14th of the following month). Her child becomes looked after and accommodated on 30 September 2025. All the changes that happen as a result of that take effect from the start of the assessment period in which that date falls – ie, 15 September 2025 to 14 October 2025. For example, the child element stops being included in her UC from 15 September 2025.
Your claimant commitment (see here), which sets out what you have to do to keep receiving your full UC, might change.
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 child disability payment (CDP) or adult disability payment (ADP), their exemption ends if they no longer count as part of your household.4Regs 79 and 83 UC Regs
 
1     Reg 4 and 4A UC Regs »
2     Reg 24 UC Regs »
3     Sch 4 para 11(2)(a) UC Regs. The rules say that the absence must be temporary, but it is unclear whether the DWP would question whether the child is temporarily or permanently absent. »
4     Regs 79 and 83 UC Regs »
Income-related employment and support allowance
Income-related employment and support allowance (ESA) does not include any amounts for children and is not normally affected when your child is looked after and accommodated. If, however, you are getting carer support payment (CSP) for a disabled child and the child is looked after and accommodated, any carer premium in your income-related ESA may be affected (see here).
Pension credit
If you are entitled to CSP and this stops, the carer addition (part of pension credit (PC)) may be affected (see here). If you get a PC additional amount for a child and they become looked after and accommodated, you will no longer get the PC additional amount unless it is a ‘planned short break’ (respite).1Sch 2A para 4 SPC Regs
 
1     Sch 2A para 4 SPC Regs »
Housing benefit
If your child becomes looked after and accommodated, your ‘applicable amount’ (the figure used to calculate how much housing benefit (HB) you get) no longer includes amounts (personal allowance and premiums) for the child.1Reg 21(4)(a) HB Regs; reg 21(4)(a) HB(SPC) Regs See Chapter 1 for more about how HB is calculated. Your entitlement to the allowance and premiums stops as soon as your child is looked after and accommodated.
If you are on income-related ESA or the guarantee credit of PC, you are passported to maximum HB. 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.2Reg 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).3Reg B13 HB Regs It may be possible to argue that, even though the child is not part of your household for HB, they should still count as an occupier and still be included in the size criteria – eg, if they are not likely to be away indefinitely.4Reg B13(5) 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 further advice if you are in this situation.
If you are struggling to pay your rent because of changes to your HB entitlement, apply for a discretionary housing payment (see here).
Tell the HB office immediately if your child is looked after and accommodated.
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 ends if they no longer count as part of your household.5Regs 75A and 75F HB Regs
 
1     Reg 21(4)(a) HB Regs; reg 21(4)(a) HB(SPC) Regs »
2     Reg 13D HB Regs; reg 13D HB(SPC) Regs  »
3     Reg B13 HB Regs »
4     Reg B13(5) 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 »
5     Regs 75A and 75F HB Regs »
Scottish child payment
If your child becomes looked after and accommodated, Scottish child payment stops if you no longer count as responsible for the child (see here). This usually happens when you stop being entitled to child benefit (see here).
Non-means-tested benefits
Disability benefits
If your child is entitled to CDP or ADP, it may be affected if they are looked after and accommodated. The rules are different depending on whether they are staying with foster carers or in residential accommodation – eg, a residential unit. If your child’s CDP care component/ADP daily living component stops, and/or you are no longer caring for your child, any CSP you get may be affected (see here).
Foster care
CDP (both care and mobility components)/ADP (both daily living and mobility components) can continue to be paid while your child is living with foster carers. However, the person to whom the benefit is paid may change because of rules about appointeeship.
A foster carer may be appointed by SSS to deal with your child’s CDP if there is no one who:1s85A SS(S) Act 2018
    •already has the authority to act on behalf of your child; and
    •lives with, and has responsibility for, your child; and
    •is willing to act on the child’s behalf.
When deciding whether to appoint a foster carer, SSS must, if practicable, take account of the child’s views and also the views of anyone who has parental rights or responsibilities for the child and anyone else who appears to have an interest in the child’s welfare or financial affairs (eg, the child’s social worker).2s85A(5C) SS(S) Act 2018
Residential accommodation
After 28 days in residential accommodation, the care component of CDP or the daily living component of ADP stops.3Reg 17 DACYP(S) Regs; reg 27 DAWAP(S) Regs The mobility component continues to be paid. Two or more periods in residential accommodation separated by 28 days or less are linked and count as the same period for this purpose.4Reg 17(3) DACYP(S) Regs; reg 27(3) DAWAP(S) Regs See here if the child spends time away from residential accommodation – eg, at home with you.
Example
Oliver is aged 12 and gets the CDP middle rate care component and lower rate mobility component. He becomes looked after and accommodated on 1 August and goes to stay in a residential unit on that date. On 21 August he goes to stay with his grandmother. At this point, he has been in the residential unit for 19 days (the day he went in and the day he left are not counted5Reg 19(1) DACYP(S) Regs ). This arrangement lasts until 15 September, when he returns to the residential unit. He has been at his grandmother’s for 26 days. The care component of CDP stops being payable on 25 September (assuming he remains in the residential unit until then) because he has been there for a total of 28 days. The two periods are linked because he was at his grandmother’s for only 26 days. CDP mobility component continues to be paid.
Tell SSS immediately if your child is looked after and accommodated in residential accommodation. If your child is entitled to the mobility component of CDP or ADP (which continues to be paid), the person to whom this is paid may change because of the rules about appointees (these are the same as if your child goes to live with a foster carer - see here).
 
1     s85A SS(S) Act 2018 »
2     s85A(5C) SS(S) Act 2018 »
3     Reg 17 DACYP(S) Regs; reg 27 DAWAP(S) Regs  »
4     Reg 17(3) DACYP(S) Regs; reg 27(3) DAWAP(S) Regs  »
5     Reg 19(1) DACYP(S) Regs  »
Carer support payment
Entitlement to CSP stops if the care component of CDP or the daily living component of ADP stops because your child has been in residential accommodation for more than four weeks (see here).
In any event, and even if the care component/daily living component continues because your child is in foster care, you probably do not satisfy the rules for getting CSP because you are not caring for the child for 35 hours or more a week. You can have a temporary break of up to four (or, in some circumstances, 12) weeks from caring and remain entitled to CSP, provided the break is temporary (see here).1Reg 40 CA(CSP)(S) Regs This may allow you to keep your CSP for four weeks, although it may be difficult to argue that the break is temporary, depending on the circumstances of your case.
If you are getting UC, the carer element stops if you no longer have ‘regular and substantial’ caring responsibilities for your child (see here).2Regs 29 and 30 UC Regs
If you are getting income-related ESA, PC or HB, the carer premium/carer addition (see Chapter 1) stops eight weeks after your entitlement to CSP stops.3ESA Sch 4 para 8(2) ESA Regs
PC Sch 1 para 4(3) SPC Regs
HB Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs
Tell SSS if your child is looked after and accommodated. Inform the office dealing with your UC, ESA, PC or HB claim if your entitlement to CSP stops.
 
1     Reg 40 CA(CSP)(S) Regs »
2     Regs 29 and 30 UC Regs »
3     ESA Sch 4 para 8(2) ESA Regs
PC Sch 1 para 4(3) SPC Regs
HB Sch 3 para 17(2) HB Regs; Sch 3 para 9(2) HB(SPC) Regs »
Other benefits
Health benefits
If your child is looked after and accommodated, you may sometimes lose your entitlement to health benefits. This is because you may lose entitlement to a qualifying benefit or because you are no longer treated as having a dependent child. See here for who qualifies for health benefits. Check whether you still qualify even though your circumstances have changed – eg, you can get help with some costs on low income grounds.