CCM18100 - Child Benefit and Tax Credits: Special Cases for Guardian's Allowance

Adoption

If a child or qualifying young person has been legally adopted, the adoptive parents are not entitled to Guardian’s Allowance. But if they were already getting Guardian’s Allowance they can continue to get it.

If only one person adopted the child or qualifying young person, and they die their partner can get Guardian’s Allowance if they satisfy the entitlement conditions.

Where a child is adopted, the adoptive parents become the child’s legal parents. If they die, a biological parent could be entitled to Guardian’s Allowance if they satisfy the entitlement conditions. This is because they are no longer legally a parent of that child.

Divorce

Where a child’s parents were divorced, and at the death of one of the parents, the other

• does not have custody of or maintain the child or qualifying young person voluntarily, or
• has not been granted custody, or is not liable for maintenance of the child or qualifying young person by an order of a Court or under a Child Support Agency assessment

Guardian’s Allowance can be paid, as long as the person making the claim is not a parent of the child and all other necessary conditions of entitlement are satisfied.

Guardian’s Allowance cannot be paid to anyone who is a parent of a child (but see the note above regarding adoptive and biological parents).

Foster parents

Guardian’s Allowance cannot be paid for a child or qualifying young person who has been placed with foster parents by a local authority under the Foster Placement (Children) Regulations 1991, the Fostering of Children (Scotland) Regulations 1996 or the Foster Placement (Children) Regulations (NI) 1996.