Childcare element of universal credit

A recent Upper Tribunal decision considered the qualifying conditions for the childcare element of universal credit. The general rule for a couple to qualify for help with their childcare costs is that both must be in work. There is an exception that allows the childcare costs element to be included if only one partner is in work, and the other is unable to provide childcare due to caring responsibilities for a severely disabled person. 

In this case the couple had eight children, and the severely disabled person was one of their five children for whom childcare was being provided. It was decided that they did not meet the work condition because the non-working partner was not caring for the disabled child at the times when the other children were in childcare. The Upper Tribunal Judge confirmed the decision, as the partner could not show that he was unable to provide childcare for the other children due to caring responsibilities, because the disabled child was also in childcare at times which substantially overlapped with when the other children were in childcare. 

You can read the case in full at Mr Yitzchok Feiner v Secretary of State for Work and Pensions (UC): [2026] UKUT 255 (AAC) - GOV.UK

This case serves as a useful reminder of the basic conditions for the childcare element of universal credit. See Childcare costs: getting support | CPAG for more detail.