Not eligible for Childcare Costs for Severely Disabled Child who has just turned 16, (still entitled to Child Benefit) 

If this so, it’s disgraceful. Lone parent works FT pays £140.00 per week to have her son looked after while she is in work. He goes to a special school. There is a gap between mum going to work and son being picked up for school and a similar gap in the afternoon. Before he was 16, £120.00 childcare costs paid now 16, £0.00. Mum cannot afford to leave work. If she continues work she cannot afford £120.00 shortfall. Comments and/or advice welcomed.

Hi Unite1

The childcare element can only be included until the week of the 1st September after the 16th birthday for a disabled child under Working Tax Credit (Entitlement & Maximum Rate) Regs, Reg 14(3):

(3) For the purposes of this regulation a person is a child until the last day of the week in which falls the 1st September following that child’s fifteenth birthday (or sixteenth birthday if the child is disabled).

There may be potential for a challenge in there, or it may be that the care needs should be met by the local authority after this age.

Mark

PS A challenge could be along the lines that the regulations as they stand are in breach of EU rules on access to employment and discrimination.

• Working tax credit, like family credit, is intended to encourage both (a) workers to remain in low paid employment and (b) unemployed persons to take up such employment, for the purpose of the Directive it is concerned with access to employment , so comes within the scope of Council Directive 76/207/EEC (2006/54/EC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions.
• Non-eligibility of childcare in this context amounts to discrimination in terms of gender (as women statistically more likely to be in this position) or other status (caring responsibilities for disabled young person?), and that such discrimination is not justifiable. This would seem to depend on whether there is any other provision of care for the disabled young person.

These cases might be helpful:
R(FC)2/98 http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=731
R 1/07 (TC)(T) (NI case)  http://iaccess.communities-ni.gov.uk/NIDOC/users/internetsearchpage.aspx

• In the Childcare Act sections 106, the definition of a child is under 18. As far as I can see there is no further definition of ‘later years’ childcare, other than under section 96 it starts at five and there is a voluntary register for provision for children aged 8 and over. So if it is possible for registered childcare to be provided for a child up to 18, then it does seem irrational that it is not possible to receive the childcare element in respect of that childcare.

Good luck

Mark