# The Housing Benefit Regulations (Northern Ireland) 2006, Regulation 25: Treatment of child care charges

Extent: N.I.

(1) This regulation applies where a claimant is incurring relevant child care charges and—
(a) is a lone parent and is engaged in remunerative work;
(b) is a member of a couple both of whom are engaged in remunerative work; or
(c) is a member of a couple where one member is engaged in remunerative work and the other—
(i) is incapacitated;
(ii) is an in-patient in hospital, or
(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).
(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he—
(a) is paid statutory sick pay;
(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Act;
(ba) is paid an employment and support allowance;
(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support Regulations; or
(d) is credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.
(3) This paragraph applies to a person who was engaged in remunerative work immediately before—
(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit , an employment and support allowance or income support on the grounds of incapacity for work; or
(b) the first day of the period in respect of which earnings are credited,
as the case may be.
(4) In a case to which paragraph (2)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.
(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be calculated on a weekly basis in accordance with paragraph (10).
(6) The charges are paid by the claimant for care which is provided—
(a) in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or
(b) in the case of any child of the claimant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.
(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—
(a) in respect of the child’s compulsory education;
(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 18; or
(c) in respect of child care provided by a relative of a child wholly or mainly in the child’s home.
(8) The care to which paragraph (7) refers may be provided—
(a) out of school hours, by a school on school premises or by an education and library board or an HSS trust—
(i) for children who are not disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or
(ii) for children who are disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
(b) by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999; ...
(c) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act.
(d) by a foster parent under the Foster Placement (Children) Regulations (Northern Ireland) 1996 in relation to a child other than one whom the foster parent is fostering;
(e) by a domiciliary care worker under the Domiciliary Care Agencies Regulations (Northern Ireland) 2007; or
(f) by a person who is not a relative of the child wholly or mainly in the child’s home.
(9) In—
(a) paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year; and
(b) paragraph (8)(a), “education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986.
(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.
(11) For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—
(a) the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity or the support component or the other member is a member of the work-related activity group on account of the other member having limited capability for work;
(b) the claimant’s applicable amount would include a disability premium ... on account of the other member’s incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 167E of the Act (incapacity for work: disqualification, etc.);
(ba) the claimant’s applicable amount would include the support component or the other member would be a member of the work-related activity group on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations (Northern Ireland) 2016;
(c) the claimant (within the meaning of regulation 2(1)) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(ca) the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations (Northern Ireland) 2016 for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;
(d) there is payable in respect of him one or more of the following payments, pensions or allowances—
(i) long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the Act;
(ia) armed forces independence payment;
(ii) attendance allowance under section 64 of the Act;
(iia) pension age disability payment;
(iii) severe disablement allowance under section 68 of the Act;
(iv) disability living allowance;
(v) increase of disablement pension under section 104 of the Act;
(vi) a pension increase paid as part of a war disablement pension or under an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v);
(vii) main phase employment and support allowance;
(viii) personal independence payment;
(viiia) adult disability payment;
(ix) child disability payment;
(ixa) Scottish adult disability living allowance;
(e) a pension , allowance or payment to which head (ii), (iv), (v), (vi) or (viii) of sub-paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a young offenders centre or a juvenile justice centre) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;
(ea) a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;
(eb) a Scottish adult disability living allowance was payable on account of his incapacity but has ceased to be payable in accordance with regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
(ec) an adult disability payment was payable on account of the other member’s incapacity but has ceased to be payable in accordance with regulation 28 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 (effect of admission to hospital on ongoing entitlement to adult disability payment);
(f) sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Great Britain; or
(g) he has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety under Article 30(1) of the Health and Personal Social Services Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977 or under section 46 of the National Health Service (Scotland) Act 1978.
(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
(12A) For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.
(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—
(za) in respect of whom armed forces independence payment is payable;
(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;
(aa) in respect of whom child disability payment is payable;
(b) who is certified as severely sight impaired or blind by a consultant ophthalmologist; ...
(c) who ceased to be certified as severely sight impaired or blind within the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday; ...
(d) in respect of whom personal independence payment is payable, or has ceased to be payable solely by virtue of regulations made under Article 91(1) of the 2015 Order (hospital in-patients).
(e) in respect of whom adult disability payment is payable, or has ceased to be payable solely by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022
(14) For the purposes of—
(a) paragraph (1) a person on maternity leave, paternity leave , shared parental leave , parental bereavement leave or adoption leave shall be treated as if he is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that—
(i) in the week before the period of maternity leave, paternity leave , shared parental leave , parental bereavement leave or adoption leave began he was in remunerative work;
(ii) the claimant is incurring relevant child care charges within the meaning of paragraph (5), and
(iii) he is entitled to statutory maternity pay under section 160 of the Act, ... statutory paternity pay by virtue of section 167ZA or 167ZB of the Act, ...... statutory adoption pay by virtue of section 167ZL of the Act, maternity allowance under section 35 of the Act , statutory shared parental pay by virtue of section 167ZU or 167ZW of the Act , statutory parental bereavement pay by virtue of section 167ZZ9 of the Act or qualifying support;
(b) sub-paragraph (a) the relevant period shall begin on and include the day on which the person’s maternity leave, paternity leave , parental bereavement leave or adoption leave commences and shall end on—
(i) the date that leave ends;
(ii) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay ends, the date that entitlement ends, or
(iii) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance, qualifying support, statutory maternity pay, statutory paternity pay, statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay ends, the date that entitlement to that award of the child care element of working tax credit ends,
whichever shall occur first.
(15) In paragraph (14)—
“qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B to the Income Support Regulations (paternity leave);
“child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).

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Source: https://www.legislation.gov.uk/nisr/2006/405/regulation/25 (the official version)
Page: https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.