I have a client who took over the care of her two grandchildren from the children's mother ( a drug addict who had been evcited)in March 2005,she was at that time in receipt of CA and IS, when she advised IS she had the children living with her she was advised to claim CTC and CB, CTC was paid from 11 March 2005 but CB was not paid until 6th June 2005 (her first claim form was lost by CB and of course CB continued to be paid to the children's mother for 3 weeks although it could have been longer given the date CB was first paid. Client has phoned CB for explaination but has not received anything as yet). Meanwhile, IS stopped on grounds she was in receipt of CA and CTC and not getting CB from 20 March to 14 June 2005, that is she was considered to be a single claimant with no dependents. HB and CT was not paid until 14th June 2005, client has rent (lives in LA accomodation) and CT arrears. I think the only course of action we can take is to apply for Discretionary Housing and Council Tax Benefit payments for the arrears period. What do you all think?

I am also writing to CB to ask why her CB was not paid until June.

Any in put would be appreciated.

Deborah

Deborah,

First the bad news - DHP can only be paid in addition to Hb or CTB so if there is a period where no HB or CTB is in payment then DHP can't be paid.

Now the good news - unless there is something I'm not aware of, the fact that IS has been stopped is no longer, in itself, grounds for terminating HB/CTB. the LA should be treating that as a change of circumstances and requesting details of your client's income. Her claim should not have been terminated in March 2005. I would be asking the LA to reconsider that decision.

Finally, the fact that she has not been awarded Child Benefit until 6 June 2005 is irrelevant in deciding whether or not she was a single person. Reg 15 of the HB General Regs sets out that if the claimant is responsible for a child then that child is part of the household. The question of Child Benefit is only relevant if there is a doubt over where the child lives (as they are spending equal time with each parent). In that case the parent receiving the CB is the one responsible. (Swale v Marchant)

Were Social Services involved at any point, if they were you can ask them for a letter saying who had/has parental care and from what dates.

Is Swale v Marchant still good law, given what the Court of Appeal said about linking "responsibility for" a child to receipt of child benefit in Hockenjos?