CCM18090 - Child Benefit and Tax Credits: Who Receives Guardian's Allowance?

A person can get Guardian’s Allowance if they get Child Benefit for a child or qualifying young person who is living with them and:

• both parents of the child or qualifying young person are dead, or
• one parent is dead and at the time of the death they did not know where the other parent was, and they have tried but failed to trace the other parent, or
• the parents are divorced, one parent is dead and the surviving parent does not have custody, or is not maintaining the child or qualifying young person, and there is no court order, or Child Support Agency assessment, or
• the mother is dead and child’s or qualifying young person’s parents were not married to each other and the father is not known, or
• one parent is dead and the surviving parent is in prison serving a sentence of 2 years or more, or
• one parent is dead and the surviving parent is detained in hospital by order of the Court, see CBTM12050

Where the child, or qualifying young person, is not living with the person they can still get Guardian’s Allowance if they receive Child Benefit for the child or qualifying young person and contribute towards their upkeep at a specified rate.

A person cannot get Guardian’s Allowance if they are the parent of the child or qualifying young person, but see CCM18100 if the child is adopted.