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Forum Home  →  Discussion  →  Children and childcare  →  Thread

UC childcare costs and sick pay

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Single claimant with childcare costs has to be in paid work in order to be eligible for childcare costs element.

If they are off sick they are treated as still in work if they are receiving SSP (among other things).

Am unclear what happens after SSP entitlement ends if claimant continues to receive occupational sick pay. Because they are still receiving wages can they still be treated as in paid work? I think not (but on the other hand I don’t see how UC would know that the wages are sick pay rather than earnings from work).

I’m not familiar with the rules around childcare so any insight would be welcome.

UB40
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Debt and Welfare Advice, Community Money Advice, Launceston

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I would have expected the UC Case Manager to have set themselves a To Do for 28 weeks from the start of SSP to check entitlement. Also I would have thought that RTE would have a separate reference for SSP as opposed to pay. SSP would also be identified as it is a standard amount. Here is the general ADM…
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1032781/admf7.pdf

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Thanks for the reply. I did look through the ADM but couldn’t find anything dealing specifically with occupational sick pay, hence the question.

I know that some employers show SSP plus occupational sick pay on payslips and some just show sick pay and I don’t know how this shows up when reported to HMRC and thence to UC. That gave rise to the operational question of how UC would know. I agree Case Manager setting up a To Do would make sense but we all know how many things that should happen on UC administration do not happen. The SSP amount will not be a trigger because claimant is getting occupational sick pay in excess of SSP and that occupational pay will continue beyond the end of SSP.

Andyp5 Citizens Advice Bridport & District
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Following the recently retired and missed Ian posts above.

Trying another tack are UC childcare costs payable to someone in receipt of sick pay beyond 28 weeks?

UB40
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Hi Andy,

Looking back to your original post I think you are correct in thinking that OSP as opposed to SSP does not provide a route to Childcare Costs elegibility.
There is nothing in the UC regs that allows OSP to be an exception to the Work Condition. SSP and OSP are both subject to payroll deductions.

[ Edited: 8 Dec 2022 at 06:28 pm by UB40 ]
Andyp5 Citizens Advice Bridport & District
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Oh damn!

Thanks UB40!