CBTM08064 - Exclusions and Priorities: Circumstances where ChB entitlement starts/resumes after the 9th consecutive week in detention or care
A new claim
If the child or qualifying young person remains in detention or care under schedule 9 for more than 8 weeks (see CBTM08063) then entitlement to Child Benefit can only resume when one of the following circumstances occur in the examples below. A new claim would need to be completed as entitlement ceased after 8 weeks.
Seven consecutive days at home when in care
Child Benefit (General) Regulations 2006 regulation 16(1)(b)(i)
That week is one in which falls the first day in a period of seven consecutive days in which the child or qualifying young person lives with that person for at least a part of the first day and throughout the following six days;
Example
Cedric returns home to his Mum’s on Wednesday and she sends in a claim for Child Benefit. He remains there until the following Wednesday morning (part day Wednesday to midnight followed by six consecutive days to midnight ending Tuesday midnight). Cedric returns to care the next day, Wednesday. Child Benefit entitlement exists for one week.
The days actually start at midnight on the following days
| Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Sun | Mon | Tue | *Wed | *Thu | *Fri | *Sat | *Sun | *Mon | *Tue | Wed | Thu | Fri | Sat |
| **Mon | **Tue | **Wed | **Thu | **Fri | **Sat | **Sun | Mon | Tue | Wed | Thu | Fri | Sat | Sun |
* Child actually lives with the claimant from Wednesday to the Tuesday
** Child Benefit entitlement exists from the Monday to Sunday, no child benefit entitlement after the first Sunday
Or,
Fourteen consecutive days home from care
Child Benefit (General) Regulations 2006 regulation 16(1)(b)(ii)
The week is one in which falls the first day in a period of seven consecutive days throughout which the child or qualifying young person lives with that person, being a period of seven consecutive days which immediately follows either a similar period of seven consecutive days or the period of seven consecutive days referred to in the previous example;
Example
Sam returns home to his Dad’s on Wednesday he remains there until the following Wednesday morning (part day Wednesday to midnight followed by six consecutive days to midnight ending Tuesday midnight). The following day Sam and his Dad decide Sam can stay another week so Dad sends in a Child Benefit claim on the Wednesday requesting it starts from the previous Wednesday. (All day Wednesday to midnight followed by an agreed six consecutive days to midnight, ending one week later on Tuesday at midnight). Sam will return to care the following Wednesday. Child Benefit entitlement exists for two weeks.
The days actually start at midnight on the following days
| Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day |
|---|---|---|---|---|---|---|---|---|---|---|
| Sun | Mon | Tue | *Wed | *Thu | *Fri | *Sat | *Sun | *Mon | *Tue | *Wed |
| **Mon | **Tue | **Wed | **Thu | **Fri | **Sat | **Sun | **Mon | **Tue | **Wed | **Thu |
| Day | Day | Day | Day | Day | Day | Day | Day | Day | Day |
|---|---|---|---|---|---|---|---|---|---|
| *Thu | *Fri | *Sat | *Sun | *Mon | *Tue | Wed | Thu | Fri | Sat |
| **Fri | **Sat | **Sun | Mon | Tue | Wed | Thu | Fri | Sat | Sun |
* Child actually lives with the claimant during this period. The child returns to care on Wednesday
** Child Benefit entitlement exists from the Monday of week 1 to Sunday of week 2, no child benefit entitlement after the second Sunday
Or,
Eight or more consecutive days home from care
Child Benefit (General) Regulations 2006 regulation 16(1)(b)(iii)
The week is one in which falls the day, or the first day in a period of less than seven consecutive days, throughout which the child or qualifying young person lives with that person, being a day or days which immediately follow the period of seven consecutive days referred to in the first example above or a period of seven consecutive days referred to in the example immediately above;
Example
Wendy returns home to her Grandma’s on Wednesday, she remains there until the following Wednesday morning (part day Wednesday to midnight followed by 6 consecutive days to midnight ending Tuesday midnight).On Wednesday Grandma completes a Child Benefit claim requesting it starts from the previous Wednesday. Wendy returns to care on the next day, Thursday (all day Wednesday to midnight). Child Benefit entitlement exists for two weeks.
The days actually start at midnight on the following days
| Day | Day | Day | Day | Day | Day | Day | Day | Day | Day | Day |
|---|---|---|---|---|---|---|---|---|---|---|
| Sun | Mon | Tue | *Wed | *Thu | *Fri | *Sat | *Sun | *Mon | *Tue | *Wed |
| **Mon | **Tue | **Wed | **Thu | **Fri | **Sat | **Sun | **Mon | **Tue | **Wed | **Thu |
| Day | Day | Day | Day | Day | Day | Day | Day | Day | Day |
|---|---|---|---|---|---|---|---|---|---|
| Thu | Fri | Sat | Sun | Mon | Tue | Wed | Thu | Fri | Sat |
| **Fri | **Sat | **Sun | Mon | Tue | Wed | Thu | Fri | Sat | Sun |
* Child actually lives with the claimant during this period. The child returns to care on Thursday.
** Child Benefit entitlement exists from the Monday of the 1st week to the Sunday of the second week.
Or,
Ordinarily live together at least one day each and every week
Child Benefit (General) Regulations 2006 regulation 16(1)(b)(iv)
As at that week that person establishes that he is a person with whom the child or qualifying young person ordinarily lives throughout at least one day in each and every week.
Example
Laura has been coming home to her Grandad’s every weekend for the past two months. She arrives on Saturday and goes back in to care on Monday morning (Saturday midnight to Sunday midnight). Grandad decides to apply for Child Benefit as he believes he can show a regular pattern for one day each and every week and he asks for it to start from Laura’s first home visit. Child Benefit entitlement exists for two months and is continuing.
Claimant and child must actually live together when home from care
Child Benefit (General) Regulations 2006 regulation 16(2)
The above conditions are subject to the following qualification.
A person shall not be regarded as having a child or qualifying young person living with him throughout any day or week unless he actually has that child or qualifying young person living with him throughout that day or week.
Example
Kerry comes home from care for the same week her Mum is on holiday in Greece. Child Benefit, for Kerry, is not payable to Mum because Kerry is not actually living with her, even though she has returned home. Grandma looks after Kerry and Mum’s other children so she puts in a claim for Kerry for the week Mum is away. As entitlement exists for Grandma, Child Benefit can be paid to her for that week. Mum’s child benefit continues as normal for the other children.