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CTC 2-Child Limit : 3 or more children - subsequent child.
Where a CTC claimant already has three (or more) children born before 6 April 2017 and then has a baby after that date will they
(a) continue to get the same child elements (nothing extra for the new baby).
or
(b) be reduced to down to just two child elements ?
My understanding of the policy intention is that (a) would be the case but, in the absence of any regs prescribing this situation as an exception, it looks to me that on its own TCA 2002 s9 para 3B (inserted by WRWA 2016 s13 ) results in (b).
Does anyone have a definite statement of the policy intention in this case? From what I’ve seen so far I’m assuming (a) will apply but will that protection be based purely on the dates of birth of the children or will it be claim-based (ie if they stopped claiming CTC and then claimed again would (b) then apply?)
At the stakeholder’s meeting Jon, they said that the regs were ‘imminent’ - but they couldn’t give us a date - I guess we just have to wait.
My understanding of the policy was that (a) applies and that, for tax credits, it was the date of birth of the child that was key - see para 1.146 of the july 2015 budget - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/443232/50325_Summer_Budget_15_Web_Accessible.pdf -
The Budget will therefore limit support provided to families through tax credits to 2 children, so that any subsequent children born after April 2017 will not be eligible for further support. An equivalent change will be made in Housing Benefit to ensure consistency between both benefits. This will also apply in Universal Credit to families who make a new claim from April 2017.
Thanks, Daphne - that one seems clear - I’ve seen various descriptions of the measure which were a bit more equivocal -e.g. “UC to be limited to two children for **new claims** and births after April 2017” (from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7300 ).
It just a seems a bit clunky to have written the amendment to TCA that way so this situation will need to be handled as an exception.
I’m fairly sure that I recall conversations with DWP policy people working on this a while back where the UC position is that it’s two-children maxium post-April 2017 for new claims, regardless of their dates of birth.
I’m fairly sure that I recall conversations with DWP policy people working on this a while back where the UC position is that it’s two-children maxium post-April 2017 for new claims, regardless of their dates of birth.
My understanding too. That’s the difference between the tax credit and UC situations. There’s an effective knock-on onto HB as well of course
Yes - agree re the UC side - sorry I’d chopped the quote too short so it missed the relavant bit - it reads “child element in tax credits and in UC to be limited to two children for new claims and births after April 2017 ”
I guess we’ll have to wait and see what the regs say. ( I understand that at least one HB system provider had told their users to expect the regs by 25 Jan.)
I’m fairly sure that I recall conversations with DWP policy people working on this a while back where the UC position is that it’s two-children maxium post-April 2017 for new claims, regardless of their dates of birth.
That’s my understanding of it too for what it’s worth - UC and tax credits are different