Child and disabled child elements
The rules for the child and disabled child elements are set out in the Universal Credit Regulations 2013 (SI.No.376/2013).
NB: See below for equivalent legislation in Northern Ireland.
Entitlement |
Regulation 24 of SI.No.376/2013 |
Provides for who a child element and disabled child element can be paid in respect of. |
|---|---|---|
Amounts of elements |
Regulation 36 of SI.No.376/2013 |
Provides for the amount to be paid in respect of each element. |
Qualifying young person |
Regulation 5 of SI.No.376/2013 |
Sets out the definition of a ‘qualifying young person’. |
Responsibility for |
Regulation 4 of SI.No.376/2013 |
Provides for the circumstances in which a person is responsible for a child or qualifying young person. |
Children looked after by a local authority |
Regulation 4A of SI.No.376/2013 |
Provides for when a person may be responsible for a child looked after by a local authority. |
Death of a child |
Regulation 37 of SI.No.376/2013 |
Provides for payment of elements in respect of a child for a period after that child’s death. |
In Northern Ireland, SR.No.216/2016 makes provisions that are largely equivalent to that in Great Britain.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Sets out the definitions of ‘child’ and ‘qualifying young person’, the amounts payable for each of the child and disabled child elements, and when the elements can continue to be paid after the death of a child. |
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|---|---|---|
DWP guidance from parliament.uk |
Provides guidance on additional amounts for children including the two-child limit. |
Case law provides further interpretation of the legislation and establishes legal precedent.
MC v SSWP
|
Upper Tribunal
|
A child may ‘normally live’ in more than one household for the purposes of universal credit, in which case the ‘main responsibility’ test applies. |
Simkova v SSWP
|
Court of Appeal
|
Court of Appeal rules that universal credit child element is not a social security family benefit for the purposes of Regulation (EC) 883/2004 |
Simkova v SSWP
|
Supreme Court
|
Supreme Court rules universal credit child element is not a separate family benefit payable under EU coordination rules for a child living abroad |