TFC10700 - Entitlement: absences from work due to caring, incapacity for work or limited capacity for work – treated as being in qualifying paid work

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(a) and (b)

Where a person has a partner, who is in qualifying paid work and the person is paid or entitled to any of the following benefits:

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(i)

Incapacity Benefit under section 30A, 40 or 41 of the Social Security Contributions and Benefits Act 1992 or section 30A, 40 or 41 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(ii)

Severe Disablement Allowance under section 68 of the Social Security Contributions and Benefits Act 1992 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (as they have effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No 9, and Transitional and Savings Provisions) Order 2000 and article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000), or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(iii)

Long-term Incapacity Benefit under regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 or by regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(iv)

Carer’s Allowance under section 70 of the Social Security Contributions and Benefits Act 1992 or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(v)

Contributory employment and support allowance under section 1 of the Welfare Reform Act 2007 or section 1 of the Welfare Reform Act (Northern Ireland) 2007, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(vi)

National Insurance credits on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975 or regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975, or;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(1)(b)(vii)

Carer’s assistance given in accordance with regulations made under section 28 of the Social Security (Scotland) Act 2018, except young carer grants given under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019;

Childcare Payments (Eligibility) Regulations 2015, regulation 13(2)(a) and (b)

The person is treated as being in paid work and as having, for each week of that period, expected income from that work equal to the minimum weekly income.

Childcare Payments (Eligibility) Regulations 2015, regulation 13(3)

A person’s partner who is paid or entitled to any of the benefits listed in regulation 13(1)(b) is not in qualifying paid work.

Childcare Payments (Eligibility) Regulations 2015, regulation 13(4)

This applies equally to the self-employed, even if the work performed in the week immediately before the absence began was not performed under a contract of service.