The Universal Credit Regulations 2013

Particular needs or circumstances - childcare costs U.K.

Award to include childcare costs element U.K.

31.  An award of universal credit is to include an amount in respect of childcare costs (“the childcare costs element”) in respect of an assessment period in which the claimant meets both—

(a) the work condition (see regulation 32); and

(b) the childcare costs condition (see regulation 33).

The work condition U.K.

32.—(1) The work condition is met in respect of an assessment period if —

(a) the claimant is in paid work or has an offer of paid work that is due to start before the end of the next assessment period; and

(b) if the claimant is a member of a couple (whether claiming jointly or as a single person), the other member is either in paid work or is unable to provide childcare because that person—

(i) has limited capability for work,

(ii) has regular and substantial caring responsibilities for a severely disabled person, or

(iii) is temporarily absent from the claimant's household.

(2) For the purposes of meeting the work condition in relation to an assessment period a claimant is to be treated as being in paid work if—

(a) the claimant has ceased paid work—

(i) in that assessment period,

(ii) in the previous assessment period, or

(iii) if the assessment period in question is the first or second assessment period in relation to an award, in that assessment period or in the month immediately preceding the commencement of the award; or

(b) the claimant is receiving statutory sick pay, statutory maternity pay, F1 ... statutory paternity pay, F2 ... statutory adoption pay [F3 , statutory shared parental pay] [F4 , statutory parental bereavement pay] or a maternity allowance.

Textual Amendments

F1 Word in reg. 32(2)(b) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 28(3)(a) (with art. 35(1))

F2 Words in reg. 32(2)(b) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 28(3)(b) (with art. 35(1))

F3 Words in reg. 32(2)(b) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 28(3)(c)

F4 Words in reg. 32(2)(b) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 28(3)

The childcare costs condition U.K.

33.—(1) The childcare costs condition is met in respect of an assessment period if—

[F5 (za) the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 34A) and those charges have been reported to the Secretary of State [F6 before the end of the assessment period that follows the assessment period in which they were paid];]

(a) [F7 the charges are in respect of]—

(i) a child, or

(ii) a qualifying young person who has not reached the 1st September following their 16th birthday,

for whom the claimant is responsible; and

(b) the charges are for childcare arrangements—

(i) that are to enable the claimant to take up paid work or to continue in paid work, or

(ii) where the claimant is treated as being in paid work by virtue of regulation 32(2), that are to enable the claimant to maintain childcare arrangements that were in place when the claimant ceased paid work or began to receive those benefits.

[F8 (2) The late reporting of charges for relevant childcare may be accepted in the same circumstances as late notification of a change of circumstances may be accepted under regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 and, in such cases, subject to regulation 34A below, all or part of any such charges may be taken into account in any assessment period to which they relate.]

[F9 (3) For the purposes of paragraph (2), “the relevant notification period” in regulation 36 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 means a period of time ending on the last day of the assessment period that follows the assessment period in which the charges for relevant childcare were paid.]

Textual Amendments

F5 Reg. 33(1)(za) inserted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(2)(a) (with reg. 5)

F6 Words in reg. 33(1)(za) substituted (16.10.2019) by The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019 (S.I. 2019/1249), regs. 1(3), 2(a)

F7 Words in reg. 33(1)(a) substituted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(2)(b) (with reg. 5)

F8 Reg. 33(2) substituted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(2)(c) (with reg. 5)

F9 Reg. 33(3) inserted (16.10.2019) by The Universal Credit (Childcare Costs and Minimum Income Floor) (Amendment) Regulations 2019 (S.I. 2019/1249), regs. 1(3), 2(b)

Amount of childcare costs element U.K.

34.—(1) The amount of the childcare costs element for an assessment period is the lesser of—

[F10 (a) [F11 85%] of the charges paid for relevant childcare that are attributable to that assessment period; or]

(b) the maximum amount specified in the table in regulation 36.

(2) In determining the amount of charges paid for relevant childcare, there is to be left out of account any amount—

(a) that the Secretary of State considers excessive having regard to the extent to which the claimant (or, if the claimant is a member of a couple, the other member) is engaged in paid work; or

(b) that is met or reimbursed by an employer or some other person or is covered by other relevant support.

[F12 (3) “Other relevant support” means payments out of funds provided by the Secretary of State or by Scottish or Welsh Ministers in connection with the claimant’s participation in work-related activity or training but does not include payments made by the Secretary of State where—

(a) the claimant—

(i) has taken up, or is due to take up, paid work; or

(ii) has increased, or is due to increase, their hours of paid work;

(b) the claimant is required to pay the charges for relevant childcare before they receive a payment of universal credit that reflects the increase in the claimant’s earned income as a result of sub-paragraph (a); and

(c) if the payment is not taken into account in determining the charges paid by the claimant for childcare the claimant will be less likely to continue in paid work or maintain the increase in hours of paid work.]

Textual Amendments

F10 Reg. 34(1)(a) substituted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(3) (with reg. 5)

F11 Word in reg. 34(1)(a) (as it has effect both as amended by and apart from the amendment made by SI 2014/2887, reg. 2(3)) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(2), 6(2)

F12 Reg. 34(3) substituted (28.6.2023) by The Universal Credit (Childcare) (Amendment) Regulations 2023 (S.I. 2023/593), regs. 1(1), 2(2)

Modifications etc. (not altering text)

C1 Reg. 34(1)(a) percentage maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(1)

[F13 Charges attributable to an assessment period U.K.

34A.— (1) Charges paid for relevant childcare are attributable to an assessment period where—

(a) those charges are paid in that assessment period for relevant childcare in respect of that assessment period; or

(b) those charges are paid in that assessment period for relevant childcare in respect of a previous assessment period;or

(c) those charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.

(2) For the purposes of paragraph (1)(c), where a claimant pays charges for relevant childcare in advance, the amount which they have paid in respect of any assessment period is to be calculated as follows: Step 1 Take the total amount of the advance payment (leaving out of account any amount referred to in regulation 34(2)). Step 2 Apply the formula—

Where—

PA is the amount resulting from step 1;

D is the total number of days covered by the payment referred to in step 1, and

AP is the number of days covered by the payment which also fall within the assessment period in question.

(3) In this regulation, a reference to an assessment period in which charges are paid, or in respect of which charges are paid, includes any month preceding the commencement of the award that begins on the same day as each assessment period in relation to a claimant's current award.]

Textual Amendments

F13 Reg. 34A inserted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(4) (with reg. 5)

Modifications etc. (not altering text)

C2 Reg. 34A(2) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

Meaning of “relevant childcare” U.K.

35.—(1) “ Relevant childcare” means any of the care described in paragraphs (2) to (5) other than care excluded by paragraph (7) or (8).

(2) Care provided in England for a child—

(a) by a person registered under Part 3 of the Childcare Act 2006 M1 ; or

[F14 (b) by or under the direction of the proprietor of a school as part of the school's activities—

(i) out of school hours, where a child has reached compulsory school age, or

(ii) at any time, where a child has not yet reached compulsory school age; or]

[F15 (c) by a domiciliary care provider registered with the Care Quality Commission in accordance with the requirements of the Health and Social Care Act 2008 M2 .]

(3) Care provided in Scotland for a child—

(a) by a person in circumstances in which the care service provided by the person consists of child minding or of day care of children within the meaning of [F16 schedule 12 to the Public Services Reform (Scotland) Act 2010 M3 and is registered under Part 5 of that Act; or]

(b) by a childcare agency where the care service consists of or includes supplying, or introducing to persons who use the service, childcarers within the meaning of [F17 paragraph 5 of schedule 12 to the Public Services Reform (Scotland) Act 2010; or]

(c) by a local authority in circumstances in which the care service provided by the local authority consists of child minding or of day care of children within the meaning of [F18 schedule 12 to the Public Services Reform (Scotland) Act 2010 and is registered under Part 5 of that Act]

(4) Care provided in Wales for a child—

(a) by a person registered under Part 2 of the Children and Families (Wales) Measure 2010 M4 ;

(b) in circumstances in which, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010 M5 , the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010;

(c) by a childcare provider approved in accordance with a scheme made by the National Assembly for Wales under section 12(5) of the Tax Credits Act 2002 M6 [F19 or made by the Welsh Ministers under section 60 (promotion etc. of well-being) of the Government of Wales Act 2006];

[F20 (d) out of school hours, by a school on school premises or by a local authority;]

[F21 (e) by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or]

(f) by a foster parent in relation to the child (other than one whom the foster parent is fostering) in circumstances in which the care would be child minding or day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 but for the fact that the child is over the age of the children to whom that Measure applies.

(5) Care provided anywhere outside Great Britain by a childcare provider approved by an organisation accredited by the Secretary of State.

[F22 (5A) In paragraph (2)(b), “school” means a school that Her Majesty's Chief Inspector of Education, Children's Services and Skills is, or may be, required to inspect.]

(6) In paragraphs (2)(b) and (4)(d)—

(a) “proprietor”, in relation to a school, means—

(i) the governing body incorporated under section 19 of the Education Act 2002 M7 , or

(ii) if there is no such governing body, the person or body of persons responsible for the management of the school; and

(b) “school premises” means premises that may be inspected as part of an inspection of the school.

(7) The following are not relevant childcare—

(a) care provided for a child by a close relative of the child, wholly or mainly in the child's home; and

(b) care provided by a person who is a foster parent of the child.

(8) Care is not within paragraph (2)(a) if it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.

(9) In this regulation “child” includes a qualifying young person mentioned in regulation 33(1)(a)(ii).

Textual Amendments

F14 Reg. 35(2)(b) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(6)(a)

F15 Reg. 35(2)(c) inserted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(6)(b)

F16 Words in reg. 35(3)(a) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(6)(c)

F17 Words in reg. 35(3)(b) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(6)(d)

F18 Words in reg. 35(3)(c) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508), regs. 1(2)(a), 3(6)(e)

F19 Words in reg. 35(4)(c) inserted (25.3.2021) by The Universal Credit (Childcare in Wales) (Amendment) Regulations 2021 (S.I. 2021/228), regs. 1, 2

F20 Reg. 35(4)(d) substituted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508, regs. 1(2)(a), 3(6)(f)

F21 Reg. 35(4)(e) substituted (2.4.2018) by The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018 (S.I. 2018/228), regs. 1, 14(2)

F22 Reg. 35(5A) inserted (29.7.2013) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013 (S.I. 2013/1508, regs. 1(2)(a), 3(6)(g)

Marginal Citations

M1 2006 c.21.

M2 2008 c.14.

M3 2010 asp.8.

M4 2010 nawm. 1.

M5 S.I. 2010/2839 (W 233).

M6 2002 c.21.

M7 2002 c. 32. Section 19 has been amended by S.I. 2010/1158.