My client has a son who has learning difficulties and has been placed in a boarding school by the local authority.

He comes home for the usual school holidays. Other than during the holidays she does contribute to his up keep at school and the LA pays the fees. His DLA is paid to him.

My client is no longer getting Child Benefit and has an overpayment of income Support as she was receiving the IS child premium for her son when the CB had been stopped.

She continues to receive Widowed Parents Allowance in respect of her son.

Does the fact that the care was instituted because of his learning difficulties (ie a disability) means she should be getting CB for her son (see last paragraph of p101 of the current CPAG handbook)?

Any ideas gratefully received...

Thanks

Only possible problem I would see would be that they may argue as to whether health would be significantly or further impaired if not in accom.

You could try the 8 week rule from top of page 102. As it stops after 1 day a week for 8 consecutive weeks in care and a week out means period starts again. School holidays could mean that CB payable for virtually entire year.

Also need to be sure that child is provided with the accom under the Childen Act 1989 and part of the cost being met by LA. If this is not the case then I would have thought that you are back to the basic rules about child living with claimant, p95 of CPAG.