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2 child limit exempt children
In our work we come across many families who could fit under the non parental caring exemptions thankfully. But I haven’t worked out the full entitlement.
If for example, a family friend took on 2 children as a family carer in line with the exemptions in May 17 and then later in 2018 had another child does anyone know if she could argue that the first 2 are exempt so she could claim for the 3rd?
What if she took on the first 2 in 2016?
Hi Ash - it doesn’t matter when she took them on if she took them on before the child of her own. Her own child will still be the third child - see section on ‘How to order children’ in https://www.gov.uk/government/publications/universal-credit-and-families-with-more-than-2-children-information-for-stakeholders and she won’t be able to claim for them (unless another exception applies)
[ Edited: 13 Apr 2017 at 03:02 pm by Daphne ]Hi
Unless…if she has a baby of her own within 10 months of taking on the children under non-parental caring arrangements, then the order of children is changed so that the non-parental care child is the third child and the exception can apply. So if she takes on children in May 2017 it is possible if she has a baby by March 2018. If she took on children in 2016 then it is only possible if already pregnant now and has baby within 10 months of date took responsibility for the other children.
See Reg 2 of 2017/376 which inserts this in UC Regs 24B(2)(b) and 2017/387 reg 5 inserts Reg 9 (6)(b) for CTC.
Also p.1682 of new CPAG handbook - last bullet point.
Mark
Good point Mark - forgot about the 10 month rule…
Clutching at straws but does anyone think there a possibility in arguing that child 3 is child one if children who would be 1 and 2 are subject to an exemption?
I’m afraid not - there are strict rules on ordering the children set out on page 6 here - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/607403/stakeholder-guide-universal-credit-2-child-policy.pdf
The only scope for discretion over ordering the children is where a natural child is born within 10 months of the child who meets the non-parental care exception
see also reg 2 here - http://www.legislation.gov.uk/uksi/2017/376/made - which inserts reg 24B setting it out as explained in Mark’s post above