Welfare Rights Officer, Welfare Rights Service, Hull. HU4 6DL Member since 23rd Jan 2004
Child Benefit - HELP!!!! Thu 25-May-06 04:50 PM
I'm trying to advise a PSIC. She was recently resused asylum and has no entitlement to benefits. She is 17 and still in education. She also pregnant and her EWC is during July.
Given that Child Benefit has no lower age limit, once the baby is born what is to stop a claim for Child Benefit from being made by the baby for the 17 year old? OK, so there'd need to someone appointed to act for the baby...but the 17 year old could be appointed!
A claim for benefit has to be made by someone aged 16 or older. Someone else who is over 16 and acting as a parent for the 17yr old could claim child benefit and tax credits if the 17yr olds parents are not in the UK.
An appointee has to be 18 or older. Social Security (Claims and Payments) Regs 1987. Reg 33(1). Also Child Benefit and Guardians Allowance(Administration)Regs 2003, Reg 28(2)(b).