Universal Credit...can I claim for the child element if not in receipt of child benefit?

[longtimelurker77]

I'm struggling to find an answer to this online. My daughter is home educated at present after having to leave school at age 11 due to her not coping as she has Autism. She would like to attend college next year, which is fantastic if she can cope, but after enquiring how it will affect her child benefit if she cannot cope and needs to return to home education, I have been told that child benefit will not be reinstated with her being over 16 unless she has an ehcp which she does not.
This seems very unfair and concerns me greatly as she may only last a week at college if she cannot cope. I am under the impression that if I am not in receipt of child benefit then I can no longer claim the child element of Universal Credit, meaning I will also lose my work allowance. Does anyone know if this is the case or can I still claim for her even if not in receipt of child benefit?
I'm a single parent who cannot work fulltime due to my daughter not being mature enough to be left for long periods of time, so the possibility of losing so much money for something that may fail after only a few weeks is really worrying me!

The child element is usually only awarded to the parent in receipt of child benefit in order to stop separated parents both claiming for the same child. Maybe there’s another way of proving you’re her sole parent? I’d contact UC and ask

@BarleyG this has nothing to do with being a sole parent. @longtimelurker77 no if your dd has a break in home educated and then stops college you can’t reclaim YC child element or UC as like you say she doesn’t have an EHCP.

Do you receive child benefit now?
Child benefit continues to be paid if 16-18 and in non advanced education (Up to and including A level)

*UC

“home education - if it started before your child turned 16 or after 16 if they have special needs”

Ok yeah see the problem

Could she do a taster or trial at college so in effect not stopping HE?

Has your DD already turned 16, or will she turn 16 before 31.8.2022? Just wondering if you get DLA for her, and if not, whether you might be able to claim.

I believe the rules for child benefit and the child element are more or less the same; that is, you can only get them after 1.9.2022 (assuming she turns 16 before then) if she's in education.

According to the rules on child benefit, home education counts, so if she tries college and it doesn't work out, perhaps she could continue studying at home as she has been until now?
www.citizensadvice.org.uk/benefits/child-benefit/before-you-claim/check-if-you-can-get-child-benefit/#h-check-what-counts-as-education-or-training

With UC I'm not so sure - this is what the regulations say:
"ii)which is provided at a school or college or provided elsewhere but approved by the Secretary of State"
www.legislation.gov.uk/uksi/2013/376/regulation/5

@BarleyG

The child element is usually only awarded to the parent in receipt of child benefit in order to stop separated parents both claiming for the same child. Maybe there’s another way of proving you’re her sole parent? I’d contact UC and ask

There's a bit of a campaign around this at the moment. I believe CPAG are bringing a test case on the point.

UC regulations only require someone to be "responsible" for a child. They make no mention of child benefit.

However, DWP staff often insist that claimants are getting CB before they will include the child element.

I was also going to suggest applying for DLA. It would add the disabled child element to your UC.

You can claim child benefit for 20 weeks if college doesn’t work out if she registers with a careers services.