You normally qualify for a child element within your UC for each child, or qualifying young person, you are responsible for. On this page we call them your ‘dependent children’. However, if you already have at least two child elements included in your award, you cannot get a child element for a third or subsequent dependent child unless:
This rule is known as the ‘two-child limit’.
Note: If you get a child element for a child who:
then in some circumstances, this is not counted when calculating whether you already have two child elements or two allowances for children included in your UC.
There are a number of reasons why an exception to the two child limit for UC may apply to a child. For a full list of the exceptions, see our Welfare Benefits Handbook (for subscribers):
The two child limit - Exceptions
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 a healthcare professional, social worker and a support worker from an approved organisation such as specialist rape or domestic abuse charity 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 don't 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've 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.
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.
You can either download the NCC1 form on 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).
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 to the Department for Work and Pensions (DWP).
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 a non-consensual conception exception to the two-child limit to apply to UC, 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.
CPAG is 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:
Two child limit challenge: R (SC and Ors) v SSWP [2021] UKSC 26
The two-child limit does not apply to pension-age housing benefit but does apply to working-age housing benefit.
You can now only make a new claim for working-age housing benefit if you live in certain kinds of supported accommodation or temporary homeless accommodation. If you do, you may qualify for both UC (which would not include a housing costs element) and working-age housing benefit. If you are getting UC, you qualify for the maximum amount of housing benefit you can get (your 'maximum HB'). If you don’t get UC (perhaps because your earnings are too high) and you qualify for working-age housing benefit, get advice if you have three of more dependant children and one of the exceptions to the two-child limit would apply to you. To find a local advice agency, see advicelocal.uk or find an adviser on turn2us.org.uk.
If you're an adviser or support worker and you need advice, contact our Adviceline for advisers.
DWP guidance: Para F1022 Advice for decision making: staff guide
Our Welfare Benefits Handbook is a comprehensive guide to benefits 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.
If you are in immediate danger, phone 999
A federation of frontline domestic abuse services, supporting women and children
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
