Regulation 34 Amount of childcare costs element

England, Wales and Scotland

(1)

The amount of the childcare costs element for an assessment period is the lesser of—

C1(F1a)

F285% of the charges paid for relevant childcare that are attributable to that assessment period; or

(b)

the maximum amount specified in the table in regulation 36.

(2)

In determining the amount of charges paid for relevant childcare, there is to be left out of account any amount—

(a)

that the Secretary of State considers excessive having regard to the extent to which the claimant (or, if the claimant is a member of a couple, the other member) is engaged in paid work; or

(b)

that is met or reimbursed by an employer or some other person or is covered by other relevant support.

F3(3)

“Other relevant support” means payments out of funds provided by the Secretary of State or by Scottish or Welsh Ministers in connection with the claimant’s participation in work-related activity or training but does not include payments made by the Secretary of State where—

(a)

the claimant—

(i)

has taken up, or is due to take up, paid work; or

(ii)

has increased, or is due to increase, their hours of paid work;

(b)

the claimant is required to pay the charges for relevant childcare before they receive a payment of universal credit that reflects the increase in the claimant’s earned income as a result of sub-paragraph (a); and

(c)

if the payment is not taken into account in determining the charges paid by the claimant for childcare the claimant will be less likely to continue in paid work or maintain the increase in hours of paid work.

Annotations

Textual amendments

F1: Reg. 34(1)(a) substituted (26.11.2014) by The Universal Credit (Digital Service) Amendment Regulations 2014 (S.I. 2014/2887), regs. 1, 2(3) (with reg. 5)
F2: Word in reg. 34(1)(a) (as it has effect both as amended by and apart from the amendment made by SI 2014/2887, reg. 2(3)) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments Regulations 2015 (S.I. 2015/1754), regs. 1(2), 6(2)
F3: Reg. 34(3) substituted (28.6.2023) by The Universal Credit (Childcare) (Amendment) Regulations 2023 (S.I. 2023/593), regs. 1(1), 2(2)

Modifications

C1: Reg. 34(1)(a) percentage maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(1)