Reply To: Incapable of work child care

#163540
Beard
Participant

[quote=pbirks]

11)For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—

 

reg 28 (11) refers too the incapitated partner who wasnt working anyway.

if you have a clmt and partner, they both need to be working or 1 working and 1 incapacitated.

the working one is still treated as working for the CCC disregard for up to 28 weeks while off sick (so you can disregard the CCC for up to 28 weeks fromwhen they went off sick )

after that point they arent treated as being in remunerative work so the CCC cnt be disregarded.

 

[/quote]

I am not certain I am explaining this correctly.

Claimant SSP, partner working, child care allowed, no problem. Claimant SSP ceases, Partner stays in work.

Based upon 28(1) (c) (i) child care can be allowed where one of the couple is working and the other is 'incapacitated'.

28(11) (c) states that if the claimant has been treated as incapable of work for 196 days they would be treated as 'incapacitated' and therefore child care could be paid even if they were not in work.

Is that correct ?