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Claiming childcare whilst on Incapacity Benefit

2

Comments

  • Mips
    Mips Posts: 19,796 Forumite
    glossgal wrote: »
    ..but she isn't going to get childcare costs if she has been on the sick for more than six months! (unless she has a partner who's still working). Childcare is ONLY through working tax credit and you aren't classed as being in work once a brief period of sickness has passed-she will only get child tax credit unless there's more info we don't know.

    She has been on IB 12 months in September. It is all sorted, she did her claim today.

    She has no partner.

    EDIT: I came here for the facts, then let her use my phone to sort it herself. I have moved this to Discussion time :)
    :cool:
  • alison999
    alison999 Posts: 1,769 Forumite
    Dippychick wrote: »
    I thought this to begin with, but then it does also benefit the little ones. It isn't their Mums fault she is on income support (we are talking genuine claimants here).

    But then I suppose all children deserve a chance to go to Nursery a few hours a week :)


    i agree, i think EVERYONE should be entitled to it.
  • alison999 wrote: »
    i agree, i think EVERYONE should be entitled to it.

    I don't see why ANY child (other than those from the absolute poorest families) should have a free place.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • JessicaF_2
    JessicaF_2 Posts: 121 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Whoever your friend spoke to on the tax credit helpline seems to have given her the wrong advice.

    Childcare is part of Working Tax Credit, although it is paid with Child tax Credit.

    You must be working, or treated as 'in qualifying remunerative work' to qualify.

    The legislation clearly states that a lone parent must be in qualifying remunerative work (16hrs or more) to claim the childcare element of Working Tax Credit.

    have a look at this WTC leaflet from HMRC - WTC 2 available here:

    http://www.hmrc.gov.uk/taxcredits/forms-leaflets.htm

    Is she part of a couple where the other partner is working? If so they may get childcare if she meets the definition of incapacitated and her partner works more than 16hrs?

    Otherwise the helpline advice is wrong if she has been on IB for 12 months and is not working.

    I would advise that you ring the helpline again, ask the same question again and make it clear she is not working. Get the name of adviser, date and time of the phone call.

    Then I would contact an agency such as Citizens Advice, www.litrg.org.uk or www.taxaid.org.uk and get a professional adviser to double check this. Many families have struggled with overpayments and it would be terrible for her if she later found out she was not entitled to WTC.

    JessicaF
  • Mips
    Mips Posts: 19,796 Forumite
    JessicaF wrote: »
    Whoever your friend spoke to on the tax credit helpline seems to have given her the wrong advice.

    Childcare is part of Working Tax Credit, although it is paid with Child tax Credit.

    You must be working, or treated as 'in qualifying remunerative work' to qualify.

    The legislation clearly states that a lone parent must be in qualifying remunerative work (16hrs or more) to claim the childcare element of Working Tax Credit.

    have a look at this WTC leaflet from HMRC - WTC 2 available here:

    http://www.hmrc.gov.uk/taxcredits/forms-leaflets.htm

    Is she part of a couple where the other partner is working? If so they may get childcare if she meets the definition of incapacitated and her partner works more than 16hrs?

    Otherwise the helpline advice is wrong if she has been on IB for 12 months and is not working.

    I would advise that you ring the helpline again, ask the same question again and make it clear she is not working. Get the name of adviser, date and time of the phone call.

    Then I would contact an agency such as Citizens Advice, www.litrg.org.uk or www.taxaid.org.uk and get a professional adviser to double check this. Many families have struggled with overpayments and it would be terrible for her if she later found out she was not entitled to WTC.

    JessicaF


    I will pass that on - she is incapacitated without a partner.


    How can both agencies be wrong??


    Tax Credits AND Jobcentreplus!
    :cool:
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If you look on entitledto.com they and tick that you work 0 hours, you never get an option to enter childcare, only if you work.

    The fact that 2 goverment agencies have said it's so, doesn't mean it it. We all know how reliable they are.

    Personally if it is so i think it's dreadful, meaning everyone could chose not to work, claim income support and have their child in daycare all day for about £ 30 a week. If she is incapacited and unable to look after the children she should get help from social services and the free 15 hours a week that all preschoolers aged 3+ get. This way is far to open to abuse.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • alison999
    alison999 Posts: 1,769 Forumite
    I don't see why ANY child (other than those from the absolute poorest families) should have a free place.

    both my children have gone to nursery while ive worked and both have developed much faster than my sisters kids, who stays at home with them all day. my children are much more sociable and sociably aware & more confident then her's too. sure there are plus sides to staying at home, but i do think that EVERY child should be entitled to at least 3 afternoon/morning sessions per week from 6 months old+
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    alison999 wrote: »
    both my children have gone to nursery while ive worked and both have developed much faster than my sisters kids, who stays at home with them all day. my children are much more sociable and sociably aware & more confident then her's too. sure there are plus sides to staying at home, but i do think that EVERY child should be entitled to at least 3 afternoon/morning sessions per week from 6 months old+

    I'm not saying children shouldn't go to nursery - I just don't see why it should be free.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm not saying children shouldn't go to nursery - I just don't see why it should be free.


    When a child turns 3 they get 15 hours a week 'pre school' per week. Nursery sessions like this have always been free, well i'm 29 and i had them anyway.

    Day care which is what we can claim Tax credits for cost around £130 per week per child in my area. The goverment subsidise this for working parents as it is preferable that they stay in work, claiming less benefits than if they were at home, setting an example for their child that working is normal. It is not free; it is subsidised to a maximum of 80% if you are on exceptionally low earnings. Once you pass a threshold you get no help, so it is means tested.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Dippychick wrote: »
    Asking this for someone else.

    She is on IB and struggling with her two children.

    She would like to put her eldest into childcare a few mornings a week to enable her to have a rest..

    Dippychick, what age is the eldest child? Since 2004 all children aged 3 and 4 are entitled to a free part-time nursery place. Also, if your friend contacts the local Sure Start (an organisation that helps people with children under 5) they may be able to give practical help and information. They also have volunteers who are matched with a family and act as a sort of surrogate grandparent, to give the parents a break. Might be worth an enquiry?

    http://www.surestart.gov.uk/improvingquality/guidance/freenurseryeducation/
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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