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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Foster Care and UC

JessS
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Welfare Benefits Advisor, Barcud Housing Association, Wales

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Total Posts: 2

Joined: 30 May 2024

Hi Everyone. Could I please check my understanding is right - If a child is placed into foster care under an interim care order am i right in thinking UC child element stops in that assessment period and the bedroom tax will then also apply?

When a person is responsible for a child or qualifying young person
(6) A child or qualifying young person is to be treated as not being the responsibility of any person during any period when the child or qualifying young person is—

(a)looked after by a local authority; or
(b)a prisoner,

UC child element for the removed children stops - i presume they can reapply if the kids are returned? but Child benefit can continue for up to 8 weeks. Have i understood that correctly ? any help would be appreciated!

Many thanks
Jess

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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See para 11(2) of Schedule 4 to the UC Regs: the child continues to be included in the size criteria for bedroom tax purposes for six months as long as the absence remains temporary

JessS
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Welfare Benefits Advisor, Barcud Housing Association, Wales

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Total Posts: 2

Joined: 30 May 2024

Thank you so much for clarifying.
So as they are not back in court until September 2024 when further directions will be made , a bedroom tax DHP will not be required until the 6 months are expired ? The order was made 17/5 /24 so size criteria not affected until 17/11/24?
Many thanks!