Terms & Conditions

[Beard]

Claimant has not worked due to illness for in excess of 7 months. No ESA or other benefit in payment.

Would they qualify for the child care disregard under Regulation 28(11) (c) ?

My view is that to do so they would have to be undertaking some sort of official examination rather than merely being signed off by a GP.

[lyndah]

That Reg applies where there is a couple and one person does not work.

I'm sure you can only take childcare into account for up to 28 weeks if the customer is off work due to being sick.

[pbirks]

"merely being signed off by a gp"…….a gp is a medical professional…. they know best whether someone is fir for work or not. 

child care costs are alowable for 28 weeks where the clmt/partner off sick from work and was prevusly having CCC disregarded from earnings.

 

[Beard]

Thanks for the responses.

Looking at Reg 28(1), C Care can be allowed for 28 weeks where certain benefits are awarded. In this case, we have allowed child care whilst the claimant was in receipt of SSP, that pay ceasing in January 2017.

Would that child care be allowable after January under Reg 28(11) (c) as the claimant is still not working  ?

[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.

 

[Beard]

[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 ?

[pbirks]

yes!!!

basically, if one partner is still working, the other one has exhausted their SSp but is still incapable of work (being signed off) then their CCC are disregarded from earnings and then tax credits 

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