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Child element ends
Client’s daughter turned 19 in December 2020 so child element ends 31/8/2021.
Assessment period is 6/8 to 5/9. Payment date is 12/9.
Is the child element included in the 12/9 award or is daughter removed from the start of the assessment period and, therefore not included in the payment 12/9?
Trying to work out when to assist with daughter’s own claim for UC.
[ Edited: 17 Aug 2021 at 11:57 am by HarlowAC ]Child element will not be included for the AP of 6/8/21 to 5/9/21.
This is due to the general rule for UC that all changes of circumstances have effect from the start of the AP in which they occur.
Remember that CB can generally continue until her 20th birthday, and that would have to be stopped if she claims UC.
[ Edited: 17 Aug 2021 at 12:18 pm by Charles ]Thanks Charles.
Yes, I suspected as much.
So UC wont pay mum for her from 8/8 but treat her as a qualifying young person until 31/8 preventing her from claiming in her own right until after then. Seems fair!
Claim on 1/9 I guess? (child benefit caveat acknowledged).
Is she continuing in education in the coming academic year? If not, I don’t think she is a qualifying young person from the end of her course in the past academic year.
She’s going back to college.
It’s a complicated one. She has a significant learning disability. Awaiting details of course from the Social Worker. It’s possible she’ll be treated as not receiving education for UC but, if she, is, will need to do NSESA for LCW decision.
I don’t think QYP status makes a difference then.
Either she will not be treated as continuing in education, and was not a QYP from when her course finished last year, or she is continuing, in which case once you’ve sorted LCW status, she could claim UC whether or not she is a QYP.
I see what you mean.
However, we need her to be a QYP for the purposes of Mum’s UC claim until 31/8 so difficult to argue not a QYP prior to this date for her own claim?
Agreed, but even as a QYP she would be entitled to UC if she has LCW.
If she is not treated as continuing in education from September, then she wasn’t a QYP from the date her course finished last year, and shouldn’t have still been on her Mum’s UC claim!
Ah, good point. So probably better not to argue not in relevant education and simply make NSESA claim instead and then UC when LCW decided?
It will probably take you some time to establish LCW, so losing 2 or 3 months of the child element could easily work out better for them overall if it means she could claim UC immediately, and possibly even backdate her UC claim by a month.
Normally yes. In this case, though, Mum was getting higher rate disabled child element so more to lose.