Thu 26-Apr-07 01:28 PM by cgale

Hi
The regs changed in April 06 to extend eligibility for 'full time' non advanced education students to the 20th birthday to claim child benefit/child tax credit and income support - my question is if you have a student aged 19 and working part time (earnings at same level as income support would be paid) does eligibilty for HB continue up to the 20th birthday also? I cannot understand why it would do so for IS but not HB claims only? Our LA are saying the above only applies if the student has someone claiming child benefit for them? Can anyone clarify?
thanks Caroline

This was one of the consequential amendments to the Child Benefit ruels to allow CH B to be paid to the parents of certain young people in particular sorts of education and training. This had knock-on results for elegibility for other benefits, certainly for IS (by the estrangement route) and JSA. Reg 56 (?) of the HB regs covers students and deals with those who are exempt from the no-claim rule for full time students. The definitions are amazingly circular and have produced some anomalies but I anc't see why it shouldn't apply - it looks to be in the same terms as the IS regs.

It's silly to say someone must be claiming Ch B for them. They wouldn't be claiming HB in their own right if they were living with soemone who was claiming ChB. Mybe your LA is thinking of qualifying young people living with their parents and being included on the parents' claim for HB, in which case they're probably right.