Childcare Costs

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #38019
    John Boxall
    Participant

    I have a claim from a single parent……..

    She was working and paying childcare costs (the easy bit)

    She’s now not working due to sickness

    Reg 28(2) HB Regs 2006 states

    Regulation 28 Treatment of child care charges

    (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

    But because her income is to low she isnt paid SSP

    So as far as I can see Child Care Costs should not be disregarded.

    Can anyone see a way round this?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #107062
    nickkeogh
    Participant

    Reg 28(2)(d) refers to Reg 8B of the Social Security Credits Act 1975 – this relates to training though. However, Reg 9B of the same act refers to when someone still receives earning “credits” while off sick even though they don’t receive SSP as such. It may have changed from Reg 8B to 9B and HB regs haven’t been updated due to a legislative oversight but it looks to me as if it may apply. See link below. It seems as if it works along the same sort of lines that apply when someone still receives NI credits while out of work even though they don’t actually receive anything.

    http://www.legislation.gov.uk/uksi/1975/556/regulation/9/made

    #107063
    Jon__Blackwell
    Participant

    Nick is right – the credits route is the way to go (HB Reg 28(2)(d) => SS(Cr) Regs – Reg 8B ) ; there’s no problem with the regs – utd SS(Cr) Regs can be found here

    http://www.dwp.gov.uk/docs/a3-2351.pdf

    #107200
    Kevin D
    Participant

    Just a note of caution.

    In my view, LA benefit sections have no power to determine whether or not someone is/has been credited with earnings. As “credited earnings” are determined under “The Social Security (Credits) Regulations 1975”, only the DWP has authority to make determinations under those regulations.

    In R(H ) 3/06, Cmmr Jacobs (as was) decided the specification of social security legislation meant the LA was bound by the DWP’s view on incapacity in the context of “old” HBR 13. I can’t see how a different approach can be applied to HBR 28(2)(d). It therefore follows that the LA must seek confirmation of credited earnings, from the DWP, before HBR 28(2)(d) can be satisfied.

    #107213
    John Boxall
    Participant

    Kevin,

    Is ‘credited earnings’ credits of her NI contributions?

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

    #107218
    Kevin D
    Participant

    In truth, I’m not sure John. As it happens, I think the need for the DWP to make the determination (assuming you agree with that view) means LAs don’t need to worry about getting involved in the detail. All the LA needs to do is contact both the clmt and DWP asking for evidence / confirmation of credited earnings and the period covered. In the meantime, I’d make a decision that child care costs were not eligible – there is no need to delay a decision in this particular situation.

    #107219
    John Boxall
    Participant

    Kevin,

    Thanks Again.

    Since I posted I found this

    http://www.hmrc.gov.uk/manuals/nimmanual/nim41205.htm

    So ‘Credited Earnings’ are in fact NIC’s

    As she had a period on ESA(IB) – wasnt entitled due to her Tax Credits, but DWP confirm she was credited with NIC’s – or ‘credited earnings’ – so I need to go away, read everything again & make a decision

    Annual income twenty pounds, annual expenditure nineteen nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery. The blossom is blighted, the leaf is withered, the god of day goes down upon the dreary scene, and—and in short you are for ever floored.

    Wilkins Micawber, Ch12 David Copperfield

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.