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HMRC internal manual

Child Benefit Technical Manual

HM Revenue & Customs
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Exclusions and Priorities: The 8 week continuing entitlement under the Schedule 9 exclusion

8 week disregard

Child Benefit (General) Regulations 2006 regulation 16(1)

The exclusion to Child Benefit in Schedule 9 CBTM08062 is relieved, in some circumstances, by this Regulation. Entitlement may remain for the first 8 weeks the child or young person is in local authority care, undergoing imprisonment, detention in legal custody, or subject to a supervision order, under Schedule 9, to enable a smooth transition into care.

But note that where the child is in local authority care on health or disability grounds they fall outside the prescribed circumstances for exclusion under Schedule 9, see CBTM08080.

If the child or qualifying young person leaves relevant care, imprisonment, detention or is no longer subject to a supervision order within that 8 week period, Child Benefit entitlement continues throughout the period of detention, care, etc.

Once the 8 consecutive weeks have expired Child Benefit entitlement no longer exists and the claim ceases.

R(F) 1/82(T)

A child or young person is regarded as still being in care during visits home unless assisted by regulations providing for the payment of periods spent at home, see CBTM08064