CPAG in Scotland Tax Credits Project: Factsheet 1

Tax Credits and Childcare

Introduction
Childcare element
Claiming help with childcare
Average weekly cost of childcare
How much is the childcare element
Childcare vouchers and subsidies
Who can get help with childcare costs
Reporting changes of circumstances
Further information and advice

Introduction

There are two types of tax credit; child tax credit and working tax credit. You claim them together and may get either or both. Tax credits are administered by Her Majesty’s Revenue and Customs (referred to as the Revenue in this leaflet). You may get:

  • Child tax credit if you are responsible for a child, or young person under 20 in full-time non-advanced education or approved training, whether or not you are in work
  • Working tax credit if you are employed or self-employed. If you are responsible for a child or young person you must be working at least 16 hours a week. Couples claim tax credits jointly and can claim working tax credit if one works 16 hours or more. Some people without children are also eligible

Tax credits are made up of various ‘elements’. The amount you get depends on the elements appropriate to your circumstances. Working tax credit is made up of a basic element which is included in every claim and either a couple or lone parent element. There is an extra element if you work at least 30 hours per week. Couples with one or more children can combine their hours to reach the 30 hours threshold. There are extra elements for disabled claimants and for some people aged 50 or over.

Childcare element

Working tax credit also includes a childcare element to help towards the cost of paying a registered or approved childcare provider for looking after your children. You may be entitled to the childcare element if:

  • You are a lone parent and work at least 16 hours a week
  • You are part of a couple and you both work 16 hours or more a week
  • You are part of a couple and one of you works at least 16 hours and the other is ill, disabled or in prison

You cannot get help with childcare through tax credits if you are not working enough hours to qualify for working tax credit.

If you meet these conditions, you may also get extra help with rent or council tax through housing benefit or council tax benefit.

Claiming help with childcare

If you are already getting tax credits, you should claim the childcare element within three months of starting to pay childcare costs. Only three months backdating is possible so if you delay you will lose out on help with childcare costs. Phone the Tax Credit Helpline or write to the Tax Credit Office.

If you are not already getting tax credits, you should complete a claim form. This includes a section for the childcare element. Claims can be made by completing a tax credit claim form (TC 600). In some cases, claims can be made at a Jobcentre Plus office and assessed more quickly – for example if you have been claiming income support or jobseeker’s allowance and are now starting work.

In either case you should provide contact details for the childcare provider, the childcare provider’s registration number and details of the average weekly childcare costs paid. You should work out the average weekly cost and put this figure in the claim form. See below for how to do this.

Average weekly cost of childcare

If the childcare costs do not vary, the average weekly cost is just the weekly cost you pay. To convert a monthly payment, multiply by 12 and divide by 52.

However, the amount you pay for childcare may vary during the year. For example you may pay more or less during school holidays. The childcare element is based on an average over the year. If costs vary, work out the average weekly costs by adding the last 52 weeks before the claim and dividing by 52. If the costs are paid monthly, add the last 12 months and divide by 52. Round up the result to the nearest pound.

Example
Joan’s son Curtis has been going to an after-school club every week during school terms for the last 2 years. Joan pays £50 a week during school terms (36 weeks) and has no childcare costs during school holidays. The average weekly charge is:
last 52 weeks 36 x £50 = £1,800
divide by 52 £34.62
Round this up to £35. This is the average weekly cost.

If there is insufficient information to establish the cost, the Revenue calculates the weekly charge using any method which in its opinion is reasonable. If you have just entered into an agreement to pay for childcare, you can estimate the costs of the average weekly charge.

How much is the childcare element

The most help that you can get with child care costs is 80% of the actual weekly cost up to £175 if you have one eligible child, or £300 if you have 2 or more eligible children. The absolute maximum is therefore 80% of £175 (£140) if you have 1 eligible child, and 80% 0f £300 (£240) if you have 2 or more eligible children.

Many people will receive less than the maximum because working tax credit is means-tested and therefore the amount actually paid will depend on the level of earnings and other income. You might not actually receive any working tax credit if your income is too high, but you may be entitled to additional child tax credit when childcare costs are included in the overall calculation.

Childcare vouchers and subsidies

If your childcare costs are subsidised through another scheme such as Sure Start or Working for Families you can still claim the childcare element of tax credits but only for the amount you actually pay. So the most help you could get is 80% of the subsidised cost.

Some employers offer childcare vouchers. Sometimes this is offered instead of cash pay. You cannot get tax credits childcare element for the part of the childcare costs covered by the vouchers. The most help you can get is 80% of the childcare costs still to pay once the amount of the voucher is taken off (subject to the maximum level as explained above).

If you are offered the choice of cash or vouchers you you can use the childcare indicator on the Revenue’s website http://ccincalculator.inlandrevenue.gov.uk/CCIN0.aspx. You should also seek advice to check the results. Lower earners, in particular people who get child tax credit at more than the family element of £545 a year, are not usually better off choosing vouchers instead of cash.

Who can get help with childcare costs

 
Condition
Comment
Working tax credit Must be eligible for working tax credit Help with childcare costs is provided as a childcare element in working tax credit
General Must be responsible for a child Do not have to be a parent eg, a grandparent, sister or brother can qualify if responsible for a child but must be entitled to child tax credit for the child for whom childcare costs are being paid
UK residence and immigration

Must be present and ordinarily resident in the UK, and not subject to immigration control

Claim must include a national insurance number or an application for one

Can go abroad and remain eligible for childcare element for first 8 (sometimes 12) weeks of a temporary absence from the UK if still meet the work conditions below

If one of a couple, but not both, is subject to immigration control, the couple is eligible

 

Child

Childcare costs must be for a child

  • from birth to age 15, or
  • from birth to age 16 if the child is disabled

Childcare costs are included until the last day of the week in which 1 September falls after the child’s 15th or 16th birthday

A disabled child is one who gets disability living allowance or is registered blind or was on the register in the 28 weeks before the tax credit claim

Childcare

Childcare must be provided by a registered provider, including

  • registered childminder
  • nursery, after-school club
  • childcare at home by childcare agency like a sitter service or nanny agency

Parents cannot claim for childcare provided in the child’s home by the child’s parent, grandparent, aunt, uncle, brother or sister, or a partner of any of these

Can qualify if a grandparent or other relative is a registered childcare provider and looks after the child somewhere other than the child’s home

Work

Must be working at least 16 hours a week

Couples must both be working at least 16 hours a week, or one works 16 hours or more while the other is ‘incapacitated’ or is in hospital or in prison

‘Incapacitated’ means getting:
– attendance allowance
– disability living allowance
– short-term higher rate or long-term incapacity benefit
– contributory employment and support allowance for at least 28 weeks (including periods on statutory sick pay)
– disability premium included in housing benefit or council tax benefit
– severe disablement allowance or
– constant attendance allowance

Those working under 16 hours a week cannot get the childcare element unless they are incapacitated and have a partner working 16 hours or more

Students cannot get the childcare element if they do not work 16 hours or more even if they have a working partner - unless the student is incapacitated and has a working partner

The childcare element is still payable for 39 weeks of maternity or adoption leave (and in some other situations)

The childcare element is payable for the first 28 weeks off sick. After 28 weeks it is payable for a couple if one is incapacitated and the other working 16 hours or more per week.

Childcare costs

Costs are calculated on the basis of the average over the year
Help is limited to

  • 80% of actual cost, or
  • 80% of £175 a week for one child or 80% of £300 a week for two or more children

whichever is the smaller amount

Because childcare costs are averaged over the year, parents must budget carefully to pay variable childcare fees to avoid getting into debt to the provider

If a third party (like Working for Families) is subsidising any part of the childcare then the childcare element is limited to 80% of the lower subsidised cost

Because it is part of working tax credit, the amount of the childcare element awarded also depends on the level of earnings and other income

Reporting changes of circumstances

It is your responsibility, not the childcare provider’s, to report a change in circumstance, including changes to your childcare provision. The childcare provider will not be responsible for any tax credit overpayment or penalty arising because you have not reported a change. This does not mean that childcare providers have no responsibilities. If the Revenue asks childcare providers for information about your childcare usage and cost then the childcare provider should supply it.

If average weekly childcare costs go down by £10 a week or more, there is a 4-week run-on period during which the childcare element remains the same before the Revenue takes the change into account. Similarly if childcare costs stop altogether, there is a 4-week run-on period. You must tell the Revenue within one month of the date childcare costs went down or the date you became of aware of the change if that was later (although if you pay a fixed weekly charge and this has gone down, you should have one month from the end of the 4-week run-on period). If you do not tell them within this time limit, the Revenue can impose a penalty of up to £300. The best advice is to notify the Revenue as soon as possible to avoid any overpayment or penalty.

If average weekly childcare costs go up by £10 a week or more for 4 weeks in a row, the childcare element goes up from the first week in which the costs increase, so long as you tell the Revenue within 3 months. Only 3 months backdating of an increase in childcare costs is possible.

To check if the average weekly childcare costs have changed by £10 or more, you need to work out a new average.

  • If costs are paid weekly at a fixed rate, use the new weekly rate. If they vary, add the anticipated charge for the next 52 weeks and divide by 52.
  • If costs are paid monthly at a fixed rate, multiply by 12 and divide by 52. If they vary, add the anticipated charge for the next 12 months and divide by 52.
  • Otherwise, the Revenue estimates the new charge using any reasonable method based on information you provide.

Example
Curtis starts to go to a breakfast club at school as well as his after-school club. The breakfast club costs £20 a week during term times (36 weeks). The after-school club still costs £50 a week during term times.
Charge before change £35 a week
Charge after change £50 + £20 x 36 ÷ 52 = £49

You should also remember to tell the Revenue if you or you partner stops working for 16 hours or more a week as this might stop not just the childcare element but the whole working tax credit entitlement. If you stop working, you are entitled to a 4-week run-on of working tax credit, including the childcare element.

Further information and advice

CPAG in Scotland Tax Credits Project summary webpages

Child Poverty Action Group in Scotland
0141 552 0552 advice line for advisers on benefits and tax credits,
Monday, Tuesday, Wednesday and Thursday 10am to 12pm

Email: advice@cpagscotland.org.uk
email advice for advisers on benefits and tax credits

Website: www.cpag.org.uk
for more tax credit factsheets from CPAG in Scotland

Welfare Benefits and Tax Credits HandbookCPAG publishes the Welfare Benefits and Tax Credits Handbook, a comprehensive guide to benefits and tax credits for claimants and advisers.

CPAG in Scotland’s advice line is only for advisers. If you are having problems with your own tax credit or benefit claim and are in need of advice you should contact your citizens advice bureau or other local welfare rights service.

HM Revenue and Customs (formerly the Inland Revenue)
Tax Credit Helpline 0845 300 3900
(textphone 0845 300 3909)
The Revenue publishes a leaflet, WTC5, Help with the costs of childcare. You can download or bulk order this and other leaflets from their website www.hmrc.gov.uk

Scottish Commission for the Regulation of Care
Childcare agencies and childminders must be registered with the Scottish Commission for the Regulation of Care.
Tel 0845 603 0890
www.carecommission.com


© Child Poverty Action Group, October 2008

Child Poverty Action Group is a charity registered in England and Wales (registration number 294841) and in Scotland (registration number SC039339). Company limited by guarantee registered in England (registration number 1993854). Registered office: 94 White Lion Street, London N1 9PF

CPAG in Scotland’s Tax Credit Project is funded by the Scottish Government.

This fact sheet was last updated October 2008

 


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