PART 6Assessment of household income and capital
CHAPTER 7Childcare charges
Treatment of childcare charges (applicants with no award of universal credit)77.
(1)
This regulation does not apply, and instead regulation 78 applies, where an applicant or an applicant’s partner has, or the partners jointly have, an award of universal credit.
(2)
This regulation applies where an applicant is incurring relevant childcare charges and—
(a)
is a lone parent and is engaged in remunerative work,
(b)
is a member of a couple where both are engaged in remunerative work, or
(c)
is a member of a couple where one member is engaged in remunerative work and the other—
(i)
is incapacitated as described in paragraph (12),
(ii)
is a patient, or
(iii)
is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
(3)
For the purposes of paragraph (2) and subject to paragraph (5), a person to whom paragraph (4) applies is to be treated as engaged in remunerative work for a period not exceeding 28 weeks during which the person—
(a)
is paid statutory sick pay,
(b)
(c)
is paid an employment and support allowance,
(d)
(e)
(4)
This paragraph applies to a person who was engaged in remunerative work immediately before as the case may be—
(a)
the first day of the period in respect of which the person was first paid statutory sick pay, short-term incapacity benefit, an employment and support allowance or income support on the grounds of incapacity for work, or
(b)
the first day of the period in respect of which earnings are credited.
(5)
In a case to which paragraph (3)(d) or (e) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
(6)
Relevant childcare charges are the charges for care referred to in paragraphs (7) and (8) and they must be calculated on a weekly basis in accordance with paragraph (11).
(7)
The charges referred to in paragraph (6) are charges for care which is provided—
(a)
in the case of any child of the applicant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday, or
(b)
in the case of any child of the applicant’s family who is disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following their sixteenth birthday.
(8)
The charges referred to in paragraph (6) are charges for care which is provided by one or more of the care providers listed in paragraph (9) and not paid—
(a)
in respect of the child’s compulsory education,
(b)
by an applicant to a partner or by a partner to an applicant in respect of any child for whom either or any of them is responsible in accordance with regulation 7 (when a person is responsible for a child or young person), or
(c)
in respect of care provided by a relative of the child wholly or mainly in the child’s home.
(9)
The care to which paragraph (8) refers may be provided—
(a)
out of school hours, by a school on school premises or by a local authority—
(i)
for a child who is not disabled, in respect of the period beginning on the child’s eighth birthday and ending on the day preceding the first Monday in September following the child’s fifteenth birthday, or
(ii)
for a child who is disabled, in respect of the period beginning on the child’s eighth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday,
(b)
(c)
(d)
(e)
by—
(i)
persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010,
(ii)
local authorities registered under section 83(1) of that Act, where the care provided is child minding or day care of children within the meaning of that Act,
(f)
(g)
(h)
by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of that subsection,
(i)
(j)
(k)
(i)
(ii)
(iii)
in accordance with the Looked After Children (Scotland) Regulations 2009,
(l)
F1(m)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n)
by a person who is not a relative of the child wholly or mainly in the child’s home.
(10)
In paragraphs (7) and (9)(a) “the first Monday in September” means the Monday which first occurs in the month of September in any year.
(11)
Relevant childcare charges must be estimated over a period, not exceeding a year, that is appropriate to allow the average weekly charge to be estimated accurately having regard to information about the amount of that charge provided by the person providing the care.
(12)
For the purposes of paragraph (2)(c), the other member of a couple is incapacitated where—
(a)
the applicant’s applicable amount includes a disability premium under paragraph 11 of schedule 1 on account of the other member’s incapacity or the work-related activity component under paragraph 21 of that schedule or the support component under paragraph 22 of that schedule on account of that other member having limited capability for work,
(b)
(c)
the applicant’s applicable amount would include the support component under paragraph 22 of that schedule or the work-related activity component under paragraph 21 of that schedule on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations,
(d)
(e)
the applicant has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days are to be treated as one continuous period,
(f)
there is payable in respect of the other member one or more of the following pensions or allowances—
(i)
(ii)
(iii)
(iv)
disability living allowance,
(v)
child disability payment,
(vi)
armed forces independence payment,
(vii)
personal independence payment,
(viii)
increase of disablement pension under section 104 of the 1992 Act,
(ix)
a pension increase paid as part of a war disablement pension or under an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv), (vii) or (viii) above, F2...
(xi)
adult disability payment, F5or
(xii)
pension age disability payment,
(g)
F6(ga)
adult disability payment payable on account of the other member’s incapacity has been reduced to £0 under regulation 28(2) (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022,
(h)
sub-paragraph F7(f), (g) or (ga) would apply to the other member if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland, or
(i)
(13)
Where paragraph (12)(d) applies and the applicant ceases to be, or to be treated as, incapable of work but within a period of 56 days or less of that cessation the applicant is, or is treated as, incapable of work, paragraph (12)(d) applies from the time the applicant is again, or is again treated as, incapable of work for so long as the applicant is, or is treated as, incapable of work.
(14)
Where paragraph (12)(e) applies and the applicant ceases, to have, or to be treated as having, limited capability for work but within a period of 84 days or less of that cessation the applicant has, or is treated as having, limited capability for work, paragraph (12)(e) applies from the time the applicant has again, or is again treated as having, limited capability for work for so long as that situation continues.
(15)
For the purposes of paragraphs (7) and (9)(a), a person is disabled if the person is a person—
(a)
in respect of whom disability living allowance, child disability payment F8, adult disability payment or personal independence payment is payable, or has ceased to be payable solely because the person is a patient, or in respect of whom armed forces independence payment is payable,
(b)
who is blind, or
(c)
who has ceased to be certified as blind on that person gaining eyesight, where the person ceased to be certified as blind within the period beginning 28 weeks before the first Monday in September following the person’s fifteenth birthday and ending on the day preceding the person’s sixteenth birthday.
(16)
For the purposes of paragraph (2) a person on maternity leave, paternity leave, shared parental leave, parental bereavement leave or adoption leave is to be treated as if engaged in remunerative work for the period specified in paragraph (17) (“the relevant period”) provided that—
(a)
in the week before the period of maternity leave, paternity leave, shared parental leave, parental bereavement leave or adoption leave began the person was in remunerative work,
(b)
the person is incurring relevant childcare charges, and
(c)
(17)
For the purposes of paragraph (16) the relevant period begins on the day on which the person’s maternity leave, paternity leave, shared parental leave, parental bereavement leave or adoption leave commences and ends on the earliest of the following dates—
(a)
the date that leave ends,
(b)
if no childcare element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, statutory paternity pay, statutory shared parental pay, statutory parental bereavement pay or statutory adoption pay ends, the date that entitlement ends, or
(c)
if a childcare element of working tax credit is in payment on the date that entitlement to maternity allowance or qualifying support, statutory maternity pay, statutory paternity pay, statutory shared parental pay, statutory parental bereavement pay or statutory adoption pay ends, the date that entitlement to that award of the childcare element of the working tax credit ends.
(18)
In this regulation—
(a)
“qualifying support” means income support to which the person is entitled by virtue of paragraph 14B of schedule 1B of the Income Support Regulations, F9...
F10“relative” means a parent, step-parent, grandparent, uncle, aunt, brother, sister, nephew or niece or where a parent, step-parent, grandparent, brother or sister is a member of a couple, the other member of that couple, and
(b)
Treatment of childcare charges (applicants with an award of universal credit)78.
(1)
This regulation applies where the applicant or the applicant’s partner has, or the partners jointly have, an award of universal credit that includes in the calculation of the maximum universal credit award a childcare costs element.
(2)
An applicant is incurring relevant childcare charges in respect of an assessment period where the applicant’s award or the applicant’s partner’s award or their joint award of universal credit includes a childcare costs element for an assessment period.
(3)
An applicant’s weekly relevant childcare charges for the purpose of regulation 42(2)(c) is calculated as follows—
Step 1
Divide the amount of the childcare costs element in the applicant’s award of universal credit for the assessment period in which a reduction week falls by 85.
Step 2
Multiply the amount produced by step 1 by 100.
Step 3
Multiply the amount produced by step 2 by 12.
Step 4
Divide the amount produced by step 3 by 52 and round to the nearest penny.
(4)
In this regulation “childcare costs element” has the meaning given to it in regulation 31 of the 2013 Regulations.