Children looked after by the local authority - impact on family benefits
What happens to family benefits if a child becomes looked after and accommodated by the local authority. This is sometimes called 'looked after away from home'.
On this page
- Overview
- If your child is looked after away from home by the local authority
- If your child starts coming home some of the time
Overview
Your benefit entitlement changes if your child is no longer living with you because they are 'looked after away from home' (sometimes called 'looked after and accommodated') – eg, they go to stay in a residential unit or secure accommodation, or have been placed with foster carers. You may have agreed to this or it may be because of a legal order.
This does not apply if the residential accommodation has been provided solely:
- because of the child’s disability; or
- because the child’s health would be significantly impaired if the accommodation were not provided.
Child benefit
What happens
Child benefit stops after child has been looked after away from home for eight weeks in a row.
What you should do
Notify the Child Benefit Office if a child is looked after away from home for eight weeks.
The local authority can use Form CH 193 (which can be completed online on gov.uk) to notify the Child Benefit Office when a child becomes looked after away from home, but it is still the claimant's responsibility to do so.
Universal credit
What happens
The child element, including any disabled child addition, in your UC stops when your child is looked after away from home. If you are getting any childcare costs for the child this will stop. Your 'work allowance' (the amount you are allowed to earn before your universal credit starts being affected) may also change. If you are in rented accommodation, the housing costs element will be calculated as if the child were still living with you for the first six months of the child being looked after away from home.
What you should do
Notify the DWP immediately. The changes will take effect from the start of the UC assessment period in which they happen.
Housing benefit
What happens
Your child stops counting as part of your household as soon as they are looked after away from home. This means that your housing benefit (HB) 'applicable amount' no longer includes amounts for the child.
If the local housing allowance applies to you (private-rented sector) this may change because you are treated as needing fewer rooms.
If you are under pension age and living in the social rented sector and your child no longer counts as occupying your home, you may be treated as needing fewer bedrooms and be subject to the 'bedroom tax'.
What you should do
If you are claiming HB tell your local authority housing benefit office immediately. You may be able to get a discretionary housing payment if you are struggling to pay your rent as a result of a change to your HB.
Child disability payment
What happens
If a child is living with a foster carer both child disability payment (CDP) components continue to be paid. If child is in a residential unit/school the care component stops after four weeks.
What you should do
If a child is getting CDP care component, notify Social Security Scotland immediately.
Carer support payment / carer's allowance
What happens
Carer support payment (CSP) and carer’s allowance (CA) stop if you are no longer caring for your disabled child for 35 hours or more a week, or because the care component of CDP has stopped being paid. If you get a carer premium/addition/element in a means-tested benefit other than universal credit this will stop eight weeks after entitlement to CSP/CA stops.
If you get the carer element in universal credit this will stop when you no longer have caring responsibilities for your child.
What you should do
If you are claiming CSP or CA for your child, notify Social Security Scotland (for CSP) or the Carer's Allowance Unit (for CA) immediately.
If you get any means-tested benefits tell the DWP that your CSP or CA has stopped.
Scottish child payment
What happens
Scottish child payment (SCP) stops when the child no longer counts as your dependent or when you are no longer receiving a 'qualifying benefit' (universal credit, income-related employment and support allowance, tax credits or pension credit). If you are getting child benefit for the child, SCP entitlement is likely to end when child benefit stops, providing you carry on being entitled to a 'qualifying benefit' until then.
What you should do
Notify Social Security Scotland when child benefit stops, or when you stop getting a qualifying benefit, whichever happens first.
Child benefit
What happens
Child benefit is payable for any week when the child comes home:
- for seven nights in a row, or
- for any nights following on from the first seven, or
- on a regular basis for at least two consecutive nights every week.
What you should do
Notify the Child Benefit Office of any nights your child spends at home. You can reclaim child benefit if you no longer get it.
Universal credit
What happens
When your child comes home, your UC should be adjusted to include the child element even if the child is still 'looked after' by the local authority. However, if they are only coming home for short periods your UC may not increase because of the way the UC 'assessment periods' work.
What you should do
Notify the DWP each time your child comes home.
Housing benefit
What happens
If your child comes home for part of the week, the local authority can calculate your housing benefit (HB) as if they are home for the whole week if it is reasonable to do so, taking into account the nature and frequency of visits. This means that your HB 'applicable amount' can be increased to include the amount for your child and your child can be counted as part of your household for the 'size criteria' (for local housing allowance and for the bedroom tax).
What you should do
Notify HB office of any nights child spends at home.
Note:
Note: if your housing benefit has stopped you will most likely have to claim UC instead.
Child disability payment
What happens
If the care component has stopped because your child is in residential care it can be paid for any days the child is at home. The day they come home and the day they go back count as days at home.
What you should do
Notify Social Security Scotland of any days the child spends at home.
Carer support payment
What happens[ADD CSP HERE OR SEPARATELY?]
If your child is disabled and gets CDP care component (middle or highest rate) you may be able to get carer support payment (CSP) if your child starts coming home for some of the time and you are caring for them for 35 hours or more a week (Sunday to Saturday). The hours do not have to be spread across the whole week and can include time spent preparing for a visit and clearing up afterwards.
What you should do
Claim CSP if your child comes home and you spend 35 hours a week (Sunday to Saturday) or more caring for them. If you are getting any means-tested benefits, or if you might be entitled to these because you are receiving the carer's premium/element, tell the appropriate office that CSP has started.
Scottish child payment
What happens
If you start getting child benefit and you are getting a 'qualifying benefit' (universal credit, income-related employment and support allowance or pension credit) you should be entitled to Scottish child payment (SCP) again. This also applies if you start getting UC including the child element again.
What you should do
Re-claim SCP when your child benefit re-starts (and you are on a qualifying benefit) or when your UC includes the child element again.