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Universal Credit and Tax Free Childcare Help

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2 days 10 hours ago #311967 by chudwheeler
Hi there, I hope someone can help. My husband works full time but I am unable to work currently due to recovering from pregnancy related health conditions and a double hip replacement. I get enhanced PIP for both mobility and daily care as does my husband as he is registered blind. We would really like to be able to put our 16 month old in nursery 2 days a week so that I can have some recovery time. At the moment it says that we are not eligible for tax free childcare and says I need to be receiving limited capability for work benefit, which my understanding is this is part of UC. However UC has said I don’t need to do anything further for limited capability for work but I don’t know if they have said I am part of that group? Sorry if this is a bit long and convoluted.

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3 hours 51 minutes ago #312001 by David
Hi chudwheeler

You need to have had a WCA ( work capabilities assessment) to be placed in the LCW or LCWRA group.
So at present it appears you are not eligible for UC Childcare costs as a couple. The following are the UC regs on the subject :-
Award to include childcare costs element
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
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, ordinary statutory paternity pay, additional statutory paternity pay, statutory adoption pay or a maternity allowance.

David

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