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Decision needed
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Welfare rights adviser - Sefton Council, Liverpool
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Anyone got a copy of CTC/135/2013?
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Welfare rights officer - Derbyshire County Council, High Peak
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Joined: 16 June 2010
Did you get a copy Nevip (is it Paul?)? I need a copy now - anyone?
Tony
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Welfare rights adviser - Sefton Council, Liverpool
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Hi Tony. Yes, it is Paul. To answer your question, I didn’t get a copy. I can’t even remember what the issue was now. Care to remind me what that case was about?
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Welfare rights officer - Derbyshire County Council, High Peak
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Hello Paul - it’s about whether a child is normally living with someone - i.e. being a question of fact and not necessarily being determined by issues like parental responsibility - it’s referred to in Vol. IV of Sweet and Maxwell p. 525. I can’t find it and I googled it and your post here came up - in fact it was all that came up!
I’ve got a case of a child who has been fostered by his aunt and is now beginning to live with his father while a 6 week parental assessment takes place with a view to him moving to his father indefinitely. During this 6 weeks he will be with his father 5 nights a week and with his aunt 2 - she will continue to receive fostering payments during this period. The question is whether Reg. 3 Rule 4 Case A of CTC Regs applies to preclude him from claiming. Whether the child is now normally living with his father is one of the issues.
Tony
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Solicitor, SC Law, Harrow
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does this help?
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4022 (2013 UKUT 561 AAC)
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Welfare rights adviser - Sefton Council, Liverpool
Total Posts: 3139
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tony pickering - 02 August 2017 09:21 AMHello Paul - it’s about whether a child is normally living with someone - i.e. being a question of fact and not necessarily being determined by issues like parental responsibility - it’s referred to in Vol. IV of Sweet and Maxwell p. 525. I can’t find it and I googled it and your post here came up - in fact it was all that came up!
I’ve got a case of a child who has been fostered by his aunt and is now beginning to live with his father while a 6 week parental assessment takes place with a view to him moving to his father indefinitely. During this 6 weeks he will be with his father 5 nights a week and with his aunt 2 - she will continue to receive fostering payments during this period. The question is whether Reg. 3 Rule 4 Case A of CTC Regs applies to preclude him from claiming. Whether the child is now normally living with his father is one of the issues.
Tony
I remember now. I used CTC/0611/2015
File Attachments
- CTC_0611_2015_shared_care.doc (File Size: 96KB - Downloads: 2474)
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Welfare rights officer - Derbyshire County Council, High Peak
Total Posts: 108
Joined: 16 June 2010
Thanks Claire and Paul
I’ve already got both those - I was looking for CTC/135/2013 as it is mentioned in S&M and I wanted to see whether it has anything different and helpful to say.