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Legal matters

Who's responsible for this child?

13 replies

ItsTooBad · 06/08/2011 09:56

Please can someone tell me about this:

A 16 year old moved out of home and into family X's house during the summer holidays, with the intention of going to 6th Form College in September. Family X have a lot of people living in their small house including a 21 year old son. The 16 year old is now engaged to the 21 year old son of family X and is cohabitating with him. They share a bedroom within family X's house.

Who would be financially responsible for the 16 year old? Her parents still, despite that she's moved out to live independently of her own family? Is she officially an adult in terms of financial need, can she claim housing benefit/living expenses from the DWP over the summer holidays in order to provide for herself and to pay rent to family X?

Or is it the family she's moved in with who are financially responsible for her just as their parents would be if she had remained living at home? Or is she now the financial responsibility of the man she's engaged to and living with within family X's house in the eyes of the law, DWP and housing benefits departments?

TIA.

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rainbowtoenails · 06/08/2011 10:21

It is very hard for 16 and 17yos to claim benefits. She isnt available for ft work so cant get jsa. You also cant get hb to pay to partner's relatives. Really she needs to either be supported by her bf or move back home.

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ItsTooBad · 06/08/2011 10:24

Thank you. The BF will have to take responsibility in this case then, or if not his family I suppose.

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LoveBeingAtHomeOnMyOwn · 06/08/2011 10:27

Op is this a follow on from an orginal thread?

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ItsTooBad · 06/08/2011 10:45

No, it's not a follow on thread.

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TheMonster · 06/08/2011 10:47

At 16 she is old enought to have got a summer job and pay towards her keep.

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sneezecakesmum · 06/08/2011 11:28

She would still get child benefit til she is 18 if she is in non advanced education eg enrolled into a 6th form college for A levels. Her parents would be collecting this still and they should in fairness give it to their daughter. If her parents are claiming child tax credits they should not get them on behalf of the child.

Her parents have parental responsibility for their daughter, but this is a difficult scenario as she is in a relationship and is housed.

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LoveBeingAtHomeOnMyOwn · 06/08/2011 11:41

The reason I asked is if not it might be worth searching. There was a thread a month or two ago where a 16 year old girl had been kicked out and the boyfriends mum came on asking for advice.

Sorry I can't do it for you am on my phone.

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ItsTooBad · 06/08/2011 12:41

Thank you LoveBeingAtHomeOnMyOwn. I'll have a search for that. If anyone remembers the thread and can link to it I'd be very grateful too.

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allthefires · 06/08/2011 16:19

The boyfriends parents could claim child benefit and tax credits for her.

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Collaborate · 06/08/2011 21:28

Whoever gets the child benefit can get CSA maintenance from BOTH parents.

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RavenVonChaos · 07/08/2011 14:56

Birth parents need to stop claiming child benefit for her. If she is estranged from her parents she can claim Income Support in her own right. She would also be entitled to support from the local authority if she presents at housing. Legally she could also ask to be looked after under section 20 of children act.

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allthefires · 07/08/2011 14:58

However as she is living with her boyfriend the above doesn't apply.

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allthefires · 07/08/2011 14:58

Except the housing bit

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