My 24 yo client has a joint residence order with ex and they share caring responsibilities with their 18 month old son exactly 50 50. He doesn't get the CHB as we assume the mother does. However he does get ctc's in addition to his IB.

He is treated as a single person under 25 for HB/CTB. His IB and ctc's total £104 means he has excess income and so he's paying a relatively substantial amount towards his rent and council tax. The term financial hardship doesn't even begin to describe his circs.

This doesn't seem fair as the child's mother (and son for half the week) live with her own parents so she's not having her own HB/CTB restricted.

I've told him to apply for a DHP but this is not a long term solution. Does anyone know how he can get his applicable amount to increase as a lone parent for IS and to include the child in his applc amount for HB/CTB?

Presumably either the parents or HRMC have decided to allocate CHB and CTC this way. The problem with this is that he can't be treated as a single parent for IS, nor have the child included in his applicable amount for HB, unless he gets CHB (Reg.15, IS Regs, Reg.20, HB Regs).

Is their any scope for reversing this choice by consent? Mother could claim CTC if dad withdraws his claim, while he gets CHB on the same terms. She will get more as CTC is higher than CHB. He will probably get full HB and more than make up the loss. The problem with this might be that if she were on IS she could need the CHB to qualify as single parent as well - so it will depend on her circumstances. Might be worth investigating though.

Richard Atkinson

Thank you wwr. I'll suggest they might come to some agreement as you suggest.I can't see any other way around it.

Don't know why I thanked you as wwr when you've put your name at the bottom. Sorry Richard

Is it conceivable that Hockenjos applies - at least for IS purposes?

NB: The DWP are adamant that Hockenjos does not apply to HB/CTB - but there is (I believe) a case currently before a Cmmr on this issue to be decided this year.

I've written to JCP about IS and have also asked PLP to have a look at it for me even though they ran the Barber case last year but lost.