Children's Handbook Scotland 2025/26Chapter 7: Children living with kinship carers 3. Benefits if a child is not looked after
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3. Benefits if a child is not looked after
This section is for kinship carers of children who are not looked after by the local authority – eg, you have an informal arrangement or you have a kinship care order.
When you become a kinship carer, you may have to make new claims for benefits, or the amounts you get may change. This section provides information about which benefits you may be able to claim, and how your existing entitlement to benefits might be affected. For more detailed information about the entitlement rules for benefits, see Chapter 1.
Delays in getting a benefit claim sorted out can cause difficulties. See Chapter 2 for what you can do if your benefit payments are delayed, including information on short-term advances, interim payments, crisis grants and complaints.
Child benefit and guardian’s allowance
Child benefit
When a child joins your household, someone else may already be claiming child benefit for them. There are rules that determine whose claim takes priority if there are competing claims.1Sch 10 SSCBA 1992 The person with whom the child lives normally has priority, and this means you should get child benefit if you are the kinship carer for a non-looked-after child. However, if someone else is getting child benefit for the child when you make your claim, that person will retain priority over you for three weeks after you make your claim.2Sch 10 para 1(1) and (2) SSCBA 1992 This means that you will not normally become entitled to child benefit until three weeks after the week in which you claim (for child benefit purposes, a week starts on a Monday3s147 SSCBA 1992). The only exception to this rule is if the other person gives up their entitlement at an earlier date.4Sch 10 SSCBA 1992; reg 15 CB Regs
Example
Kitty starts caring full time for her grandson, Daniel, on 5 August 2025. Before this, Daniel was living with his mum, Louise, but she is no longer able to look after him. Kitty claims child benefit for Daniel on 15 August 2025, but because Louise is still getting child benefit and does not give up her entitlement, Kitty does not become entitled until Monday 8 September 2025.
Even if your claim has priority, you cannot receive child benefit for a period when it has already been paid to someone else for the same child, unless:5s13(2) SSAA 1992; reg 38 CB Regs
    •HMRC or, if the decision has been made following an appeal, the First-tier Tribunal or Upper Tribunal, has decided that the child benefit paid is recoverable because the person has failed to disclose or has misrepresented a ‘material fact’ and no appeal against that decision has been made within the time limit; or
    •even though HMRC decided the benefit was not recoverable or has not made a decision on its recoverability, the money has been repaid.
Once you are getting child benefit for a child, you can keep getting it during a period when the child is living temporarily away from you, provided that period is not for more than eight weeks out of the last 16.6s143(2) SSCBA 1992
 
The effect of local authority payments
Child benefit is not affected by any payment you receive from the local authority.
 
1     Sch 10 SSCBA 1992 »
2     Sch 10 para 1(1) and (2) SSCBA 1992 »
3     s147 SSCBA 1992 »
4     Sch 10 SSCBA 1992; reg 15 CB Regs »
5     s13(2) SSAA 1992; reg 38 CB Regs »
6     s143(2) SSCBA 1992 »
Guardian’s allowance
You can get guardian’s allowance if you satisfy the rules on here. Guardian’s allowance is not affected by any payment you receive from the local authority.
Means-tested benefits
Universal credit
If you are getting universal credit (UC), a child element should be included in your UC award for a non-looked-after child you care for, as long as you are treated as being responsible for the child. You are responsible for the child if they normally live with you.1Reg 4(2) UC Regs You do not have to be getting child benefit for the child.
Since 6 April 2017 a two-child limit has applied to UC child element (see here). Non-looked-after children in kinship care are exempt from the two-child limit if:2Sch 12 para 4 UC Regs
    •you have a kinship care order under section 11 of the Children (Scotland) Act 1995; or
    •you are appointed as guardian under section 7 of the Children (Scotland) Act 1995; or
    •you are entitled to guardian’s allowance in respect of the child/children; or
    •one of the above bullet points applied prior to the child’s 16th birthday and you have continued to be responsible for the child; or
    •you have undertaken care of the child/children where it is likely that otherwise they would have been looked after by the local authority.
This means that even if you already have two or more dependent children and you start caring for a child who was born on or after 6 April 2017, in one of these circumstances, you can get the child element in your UC for the child who has come to live with you, providing you satisfy the normal conditions of entitlement. If you give birth to a child after taking on the care of a child or children in one of these circumstances, a child in kinship care is disregarded when applying the two-child limit.3Regs 24A(1)(za) and 24B(2A) UC Regs
Example
Jen and Gavin have one child already when they take on the care of their niece and nephew (aged four and two) for whom they have kinship care orders. They can get UC for all three children. Two years later, they have another baby and they are able to get UC for the baby as well because the two kinship children are disregarded for the purposes of the two-child limit. If they later have a third baby, this child will be subject to the two-child limit.
Note: the Scottish government intends to mitigate the two-child limit for anyone who is affected by it (with a ‘two-child limit payment’), starting from March 2026. See CPAG’s Welfare Rights Bulletin and cpag.org.uk for updates.
The amount of the housing costs element for rent you get in your UC reflects the number of bedrooms you need, including for any kinship child. Your work allowance should reflect the fact you have a dependent child (see here). If you are working, you may be entitled to help with childcare costs (see here). If you become a friend or family carer (see below) of a child under 16 and you are the responsible carer (see below), you are subject to the work-focused interview requirement (see here) only for the first 12 months (unless the child is aged under one, in which case the responsible carer has no work-related requirements).4s19(2)(c) WRA 2012; reg 91(2)(e) UC Regs
‘Friend or family carer’ means you are responsible for a child under 16 but are not their parent or step-parent. You must be taking care of the child because:5Reg 91(3) UC Regs
    •they have no parent, or have parents who are unable to care for them; or
    •it is likely that they would otherwise be looked after by the local authority.
‘Responsible carer’ means you are a lone parent or, if you are in a couple, you and your partner have nominated you as responsible for the child. Only one of you can be nominated and the nomination applies to all your children.6s19(6) WRA 2012; reg 86 UC Regs
Local authority payments (kinship care allowance) are disregarded as income for UC.7Reg 66 UC Regs
 
1     Reg 4(2) UC Regs »
2     Sch 12 para 4 UC Regs »
3     Regs 24A(1)(za) and 24B(2A) UC Regs »
4     s19(2)(c) WRA 2012; reg 91(2)(e) UC Regs »
5     Reg 91(3) UC Regs »
6     s19(6) WRA 2012; reg 86 UC Regs »
7     Reg 66 UC Regs »
Income-related employment and support allowance
If you are already getting income-related employment and support allowance (ESA), it is not normally affected when you become a kinship carer. However, if you claim UC in order to get support for the child, your income-related ESA will stop.
The effect of local authority payments
Local authority payments (kinship care allowance) are disregarded as income for income-related ESA.1s50 Sch 8 para 26(1)(b) ESA Regs
s22 Sch 8 para 30(1)(c) ESA Regs
Contributory ESA is not affected by local authority payments as it is not a means-tested benefit.
 
1     s50 Sch 8 para 26(1)(b) ESA Regs
s22 Sch 8 para 30(1)(c) ESA Regs »
Pension credit
Pension credit (PC) claimants who are responsible for a non-looked-after child or qualifying young person can get an additional amount for the child(ren) in their PC.1Sch 2A para 3 SPC Regs You are responsible for the child if they normally live with you. You do not have to be getting child benefit for the child. If you are getting child benefit for the child, it is not taken into account as income for PC.2s15 SPCA 2002; reg 15(1)(j) SPC Regs If a child comes to live with you, the increase in your PC applicable amount can sometimes mean that you become entitled to PC when you were not previously entitled.
 
The effect of local authority payments
Local authority payments (kinship care allowance) are disregarded as income for PC.3s15 SPCA 2002; reg 15 SPC Regs
 
1     Sch 2A para 3 SPC Regs »
2     s15 SPCA 2002; reg 15(1)(j) SPC Regs »
3     s15 SPCA 2002; reg 15 SPC Regs »
Housing benefit
Being a kinship carer can change the amount of housing benefit (HB) you get, or can mean you become entitled to HB, although you are very likely to have to claim UC instead of HB if you are under pension age and are not already getting HB. Your entitlement to HB might change for the following reasons.
    •Being responsible for a non-looked-after child increases your applicable amount (see here). This is the figure used to calculate how much HB you get. For a child to count as your dependant, they must be ‘normally living’ with you.1Reg 20(1) HB Regs; reg 20(1) HB(SPC) Regs This means they spend more time with you than with anyone else.2CFC/1537/1995 If it is unclear in whose household the child normally lives, or if they spend equal time in more than one household, you are treated as having responsibility if:3Reg 20(2) HB Regs; reg 20(2) HB(SPC) Regs
      ◦you get child benefit for the child; or
      ◦no one gets child benefit but you have claimed it; or
      ◦no one has claimed child benefit, or more than one person has claimed it but you appear to have most responsibility.
    •If your HB is calculated on the basis of a local housing allowance (this only affects tenants in the private rented sector – see here), the local housing allowance that applies to you may change because you require more rooms. Your HB entitlement may increase as a result.
    •If you are under pension age and living in the social rented sector, any deduction you have to your HB because you are considered to be under-occupying your accommodation might be affected by a non-looked-after child joining your household. If you have had an under-occupation deduction applied to your HB but you are no longer treated as under-occupying, this deduction should stop. See here for more details.
The effect of local authority payments
Local authority payments (kinship care allowance) are disregarded in full.4Sch 5 paras 25(1)(ba) and 28 HB Regs; reg 29(1) HB(SPC) RegsCTR Reg 57 CTR(S) Regs; reg 27(1) CTR(SPC)(S) Regs-->
 
1     Reg 20(1) HB Regs; reg 20(1) HB(SPC) Regs »
2     CFC/1537/1995 »
3     Reg 20(2) HB Regs; reg 20(2) HB(SPC) Regs »
4     Sch 5 paras 25(1)(ba) and 28 HB Regs; reg 29(1) HB(SPC) RegsCTR »
Scottish child payment
You can get Scottish child payment for a non-looked-after child if you satisfy the normal conditions of entitlement, including being responsible for the child (see here).
Non-means-tested benefits
Disability benefits
 
Child disability payment
If the child you are caring for is already getting child disability payment (CDP), you can apply to Social Security Scotland (SSS) to become the appointee. If you have parental rights/responsbilities for the child you will not need to be formally ‘appointed’ by SSS.1s85A SS(S)A 2018
If you are already looking after a child as a kinship carer, and you think they may be entitled to CDP, you can make the claim on their behalf. See Chapters 1 and 2 for more information and how to claim. If the child/young person you care for is aged 16 or over, and not already getting CDP, they can make a claim for adult disability payment (ADP).
 
Disability benefits for adults
Being a kinship carer does not affect your own entitlement to ADP, disability living allowance (DLA), Scottish adult disability living allowance (SADLA), pension age disability payment or attendance allowance (AA).
 
The effect of local authority payments
CDP, ADP, SADLA, DLA and AA are not means tested and therefore local authority payments do not affect the amount of benefit you receive, either for yourself or for the child.
 
1     s85A SS(S)A 2018 »
Carer support payment
If you are already entitled to carer support payment (CSP) (eg, because you are caring for an elderly relative), becoming a kinship carer does not affect your entitlement, unless you no longer satisfy the conditions of entitlement – eg, because you are no longer able to spend at least 35 hours a week caring for the disabled person.
If the child for whom you care gets the CDP care component at the middle or highest rate or ADP daily living component, you may be able to claim CSP in respect of them if you satisfy the normal conditions of entitlement (see here). Only one person can claim CSP for a particular disabled person. If there is more than one person who could be entitled, you can agree who will claim. If agreement is not possible, SSS decides.1Reg 24(4)(b) and (6) CA(CSP)(S) Regs
The effect of local authority payments
CSP is not means tested and therefore local authority payments do not affect the amount of CSP you receive.
 
1     Reg 24(4)(b) and (6) CA(CSP)(S) Regs »
Other benefits
Scottish Welfare Fund payments
As a kinship carer, you may have expenses which could be met by a Scottish Welfare Fund payment – eg, to buy a new bed and bedding for the child. See here for who can qualify.
You may want to ask the social work department if it can help you with the extra expenses you have before claiming a Scottish Welfare Fund payment, or if you are not able to get one.
Best Start grant
There are three payments which make up Best Start grant: a pregnancy and baby payment, an early learning payment and a school-age payment. If you are a kinship carer, you may be able to get one, two or all of these payments depending on the age of the child when they come to live with you.
 
Pregnancy and baby payment
If you are a kinship carer of a child aged under one, you may be able to get a Best Start grant pregnancy and baby payment of £767.50 (or usually £383.75 if you have another child aged under 16 in your household). You must be responsible for the child (see here) and usually you must get a qualifying benefit (see here).1Sch 2 para 1 EYA(BSG)(S) Regs You must claim before the child’s first birthday. You may be able to get a pregnancy and baby payment even though someone else (eg, the child’s mother or father) has already received a payment for the child (before you became responsible for the child).2Sch 2 para 3 EYA(BSG)(S) Regs
Sometimes you can get the higher payment of £767.50 even if you have another child under 16 in your household – eg, if the older child is not your or your partner’s birth child and you became responsible for that child when they were 12 months or older.
Example
Anne starts looking after her two grandchildren when one is nine months old and the other is five years old. She has no other children in her household. Anne is getting UC. She claims a pregnancy and baby payment for the younger child. She gets £767.50, not the lower amount. This is because the older child is not her birth child and came to live with her when they were 12 months or older.
 
Early learning payment
If you are a kinship carer of a child aged between two and three and a half, you may be able to get a Best Start grant early learning payment of £319.80. You must be responsible for the child (see here) and usually you must get a qualifying benefit (see here). You must claim while the child is between two and three and a half.3Sch 3 para 1(b) EYA(BSG)(S) Regs You may be able to get an early learning payment even though someone else (eg, the child’s mother or father) has already received a payment for the child (before you became responsible for the child).4Sch 3 para 2 EYA(BSG)(S) Regs
 
School-age payment
If you are a kinship carer of a child who is around the age to start school, you may be able to get a school-age payment of £319.80. You must be responsible for the child (see here) and usually you must get a qualifying benefit (see here).5Sch 4 para 1 EYA(BSG)(S) Regs
If the child’s date of birth is between 1 March 2020 and 28 February 2021 (inclusive), you must claim between 1 June 2025 and 28 February 2026.6Sch 4 para 2 EYA(BSG)(S) Regs
You may be able to get a school-age payment even though someone else (eg, the child’s mother or father) has already received a payment for the child (before you became responsible for the child).7Sch 4 para 3 EYA(BSG)(S) Regs
 
1     Sch 2 para 1 EYA(BSG)(S) Regs »
2     Sch 2 para 3 EYA(BSG)(S) Regs »
3     Sch 3 para 1(b) EYA(BSG)(S) Regs »
4     Sch 3 para 2 EYA(BSG)(S) Regs »
5     Sch 4 para 1 EYA(BSG)(S) Regs »
6     Sch 4 para 2 EYA(BSG)(S) Regs »
7     Sch 4 para 3 EYA(BSG)(S) Regs »