× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Children and childcare  →  Thread

Childcare costs paid more than 3 months in advance

Dani Ahrens
forum member

Welfare Rights Team, Brighton Unemployed Centre Families Project

Send message

Total Posts: 16

Joined: 7 September 2017

I have a query about whether the DWP’s practice of not reimbursing childcare costs (in UC) if they were paid more than three assessment periods in advance is actually in line with the regulations.

The official information at https://www.understandinguniversalcredit.gov.uk/new-to-universal-credit/children-and-childcare/ says:

“It’s important to note that you will only be paid back for childcare that has taken place during your assessment period. This means that if you pay for more than one month’s childcare in an assessment period – for example if you pay for a whole term – the money you get back at the end of that assessment period will only cover any childcare that has actually taken place during it. The rest of the payments you are entitled to will be paid in later months, once the childcare has taken place. These payments can be split over a maximum of 3 assessment periods.”

But the regulations, as far as I can see, don’t seem to say that.

They say:

“33(2) The childcare costs condition is only met in respect of an assessment period if those charges are reported to the Secretary of State before the end of the assessment period following the assessment period in which they are paid.”

Does anyone know where this three assessment periods rule comes from?

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3129

Joined: 14 July 2014

That quote is from the old version of the Regs prior to amendments in 2014.

In the current Regs, Reg 33(1)(za) says:

the claimant has paid charges for relevant childcare that are attributable to that assessment period (see regulation 34A) and those charges have been reported to the Secretary of State before the end of that assessment period

and Reg 34A(1) sets out:

charges paid for relevant childcare are attributable to an assessment period where–
(a) those charges are paid in that assessment period for relevant childcare in respect of that assessment period; or
(b) those charges are paid in that assessment period for relevant childcare in respect of a previous assessment period; or
(c) those charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.

So the 3 month limit on payment in advance effectively comes from Reg 34A(1)(c).

 

Dani Ahrens
forum member

Welfare Rights Team, Brighton Unemployed Centre Families Project

Send message

Total Posts: 16

Joined: 7 September 2017

Ah, thank you very much. I thought I had checked all the updates, but I obviously need to read more carefully!