You normally qualify for additional amounts within your universal credit (UC), housing benefit (HB), and child tax credit (CTC) for each child, or qualifying young person, you are responsible for. On this page we call them your ‘dependent children’. These additional amounts are called child elements or, for HB, personal allowances for children. However:
This rule is known as the ‘two-child limit’.
Note: if you get a child element in your UC or CTC or an allowance in your HB for a child who lives with you under a ‘non-parental caring arrangement’, or who you have adopted or had placed with you for adoption by the local authority, then in some circumstances, the child element or allowance for that child is not counted when calculating whether you already have two child elements or two allowances for children included in your UC, HB or CTC.
There are a number of reasons why an exception may apply to a child. For a full list of the exceptions in relation to universal credit, see 'Two child limit - Exceptions' in our Welfare Benefits and Tax Credits Handbook (for subscribers).
This page explains an exception which may be relevant if you have experienced domestic abuse.
An exception applies to a child if:
We refer to a child conceived in these circumstances as a child who was 'conceived non-consensually', and to this exception to the two-child limit as a 'non-consensual conception exception'.
Except in the circumstances detailed below, you must provide supporting evidence from an ‘approved person’. A list of who counts as an ‘approved person’ is given in official guidance, and includes healthcare professionals, social workers and support workers from approved organisations such as specialist rape and domestic abuse charities including the Survivors Trust, Refuge, Rape Crisis England and Wales, and members of the Women’s Aid Federation of England. Find a list of all approved persons on gov.uk.
You do not need to provide supporting evidence from an approved person if there is a conviction for rape or coercive or controlling behaviour in the UK, or for a similar offence abroad. There is also no requirement to provide supporting evidence from an approved person if you have been awarded criminal injuries compensation after a sexual offence, physical abuse or mental injury. In both cases it must be likely that the offence or criminal injury resulted in the child’s conception.
You can be treated as having provided evidence for universal credit if you have already provided it to HM Revenue & Customs (HMRC) for CTC purposes.
For both UC and CTC, if you want to request a child element for a child for whom this exception applies using evidence from an ‘approved person’ (see above), submit a completed NCC1 form ‘Support for a child conceived without your consent’. Part 1 of the NCC1 form should be completed by you, and Parts 2 and 3 by the approved person. This is likely to be the most straightforward way to make your request.
For UC, you can either download the NCC1 form from gov.uk, request one on your UC online journal, ask your work coach for one, or telephone the UC helpline on 0800 328 5644 (Textphone: 0800 328 1344; Relay UK: 18001 then 0800 328 5644; Welsh language: 0800 328 1744).
For CTC, you can either download the NCC1 form from gov.uk, or telephone the Tax Credit Helpline on 0345 300 3900 (Relay UK: 18001 then 0345 300 3900) and ask to speak to the Specialist Exceptions Team to obtain a copy of the form.
If you are not able to get evidence from an ‘approved person’ or you prefer not to, and you are not required to because there is a conviction or criminal injuries award which relates to the conception of the child, submit evidence of this either to the Department for Work and Pensions (DWP) for UC, or to HMRC for CTC.
For UC, if you have an online UC account you can ask for a link to upload the completed NCC1 form, or evidence, to your online account or you can give it to your work coach at the Jobcentre. If you do not have an online account, you can give the form or evidence to your work coach at the Jobcentre or ask your UC case manager where to send it.
For CTC, send the completed NCC1 form or evidence to the Tax Credits Office Exceptions Service at the address in Part 4 of the form.
For HB, notify your local authority’s housing benefit section that you have been awarded a child element within CTC for the child, and if possible provide evidence of this. Evidence could be a copy of a recent letter from HMRC explaining how your child tax credit has been calculated.
For details of other exceptions to the two-child limit, such as multiple births or for children who have been adopted, see our Welfare Benefit and Tax Credits Handbook (for subscribers):
For a non-consensual conception exception to the two-child limit to apply to universal credit or child tax credit, the regulations state that it must be the third or subsequent child who was conceived non-consensually. This means that even if the child element has been awarded for a child (or for two children) who were conceived non-consensually, the exception does not apply in respect of a third or subsequent child if they were conceived consensually. We are bringing a test case arguing that the refusal of a UC child element in these circumstances is discriminatory and irrational. Permission to apply for Judicial Review was granted on 10 October 2024. For further details see our test case update:
If you are in similar circumstances in that you are getting two child elements, at least one of which has been awarded for a child who was conceived non-consensually, and you are not getting a child element for a third or subsequent child who was conceived consensually (and no other exception to the two-child limit applies), seek advice. You can ask your adviser or support worker to contact us at [email protected]. Alternatively, contact us directly at [email protected].
See also our other test case on the two-child limit:
DWP guidance: Para F1022 Advice for decision making: staff guide
Welfare Benefits and Tax Credits Handbook, a comprehensive guide to benefits and tax credits for claimants and advisers which is available in print or online.
The Early Warning System gathers information and case studies about how changes to the benefit system are affecting the wellbeing of children, families and the communities and services that support them. This helps us explain the impact on families and work for improvements in the system, to deliver better outcomes for children.
Early Warning System
If you are in immediate danger: phone 999
A federation of frontline domestic abuse services, supporting women and children
Women’s Aid (England)
Tel: 0808 2000 247 (Freephone, 24 hours a day, 7 days a week)
Online chat: nationaldahelpline.org.uk/Chat-to-us-online
Help and support for male victims of domestic violence
respect.org.uk
Help and support for LGBT+ people who have experienced domestic abuse
