Universal credit: 2-child limit
This page was written to help advisers understand how the 2 child limit policy, introduced into Universal Credit from 6 April 2017 works in practice.
- Introduction to the changes
- Other elements of Universal Credit
- Overview of the 2 child limit
- Existing Universal Credit claimants
- Ordering of children
- Adoption and non-parental care arrangements
- Exceptions
- Claiming exceptions
- Continuation of exceptions for step-parents
- The first-child premium
In the 2015 Summer Budget, the Government announced two changes to be made to Universal Credit from 6 April 2017. Similar, though not identical, changes were announced for Child Tax Credit.
- Change 1 – The child element of UC would be limited to two children for new claims from April 2017 (regardless of the child's date of birth, see below)
- Change 2 – The first child premium in UC would no longer be available for new claims after April 2017
This original policy was amended in February 2019. Whereas the original intention was that the policy would apply to all children (no matter when they were born) from 2019, the amendment means that all children/young people born before 6 April 2017 will receive a child element in UC. This brings the policy in line with that of Child Tax Credit.
Other elements of Universal Credit
The disabled child and severely disabled child elements remain payable for as many children or qualifying young people on the claim who meet the qualifying conditions.
Similarly, the two child limit does not apply to the childcare element, so even if a child element is not payable for a child the claimant can still claim help with childcare costs for that child (as long as the other conditions for the childcare element are met).
Even if the child element is not payable for a specific child, it is important that the claimant(s) report the addition of the child to their household to DWP/HMRC. This is because they may still be entitled to the disability elements or childcare element. It will also mean that if one of the other children move off the claim, the child may move into a position where the child element is payable. If they are already on the system, this should happen automatically.
New UC claimants will only receive child elements for:
- any children included in their claim before 6 April 2017
- any children/qualifying young people who meet the criteria for the adoption exception, non-parental care exception or child of a child exception,
A child element will not be included in theUC award for any child born on or after 6 April 2017 unless there is already no more than one child element included for a child in the award or an exception applies. There are specific ordering rules which are used to determine the order of children where a claim includes more than two children.
Some transitional protection will apply for people who have claimed UC, CTC or some other benefits with child elements in the preceding 6 months.
Existing UC claimants will continue to receive child elements for any child or young person who they are responsible for and who was born before 6 April 2017.
For children born after 6 April 2017, if they are the first or second child on the claim (as determined by the ordering rules), then a child element will be paid for them. However if they are the third or subsequent child (as determined by the ordering rules), they will only receive a child element if an exception applies.
The legislation that introduced the 2 child limit policy contains specific rules on how to order children.
When working out the order of children on the claim, all children are taken into account – including those born before 6 April 2017. However, under new rules introduced from November 2018, children who meet the criteria for the adoption exception, non-parental care exception or the child of a child exception are to be excluded when considering the ordering of the children. Such children/qualifying young people will always receive a child element no matter where they come in the ordering.
The order is based on the date of birth of each child or qualifying young person for whom the claimant is responsible for, take the eldest first.
Where the date determined under the ordering rules is the same date in respect of two or more children then DWP can order the children in whatever way is appropriate to ensure that the individual child element is included in respect of the greatest number of children.
A step-parent means a person who is not the child’s parent but who is:
- A member of a couple, the other member of which is a parent of the child, where both are responsible for the child; or
- Was previously a member of -
- A couple, the other member of which was a parent of the child, or
- A polygamous unit (within the meaning of the Tax Credits Polygamous Marriages Regulations 2003, another member of which was a parent of A)
If immediately prior to ceasing to be a member of that couple of that polygamous unit the person was, and has since remained, responsible for the child.
Re-ordering can occur when a new child joins the household. However it can also happen when a child leaves the household. When that happens, the ordering above should be looked at again.
Adoption and non-parental care agreements
Prior to 28 November 2018, there were exceptions in place for third or subsequent children who were adopted or subject to non-parental care arrangements (including the child of a child who the claimant is responsible for).
However, these exceptions are no longer required as from November 2018 any child/qualifying young person who meets the criteria set out for those previous exceptions will receive a child element.
This was introduced following a legal challenge. Under the existing rules, if a UC claimant adopted a child and then went on to give birth to two children, they would not receive a child element for the third child unless an exception applied for that third child. However, it was felt that this would discourage people from adopting and taking on care of a child under non-parental care arrangements.
Under the new rules, all children/young people who are adopted or who fall under the non-parental care arrangement criteria will receive a child element. They will also be disregarded when considering the ordering of children meaning in the example above, the claimants two birth children would be considered the first and second on the claim and so would both receive a child element (in addition to the child element given for the child who was adopted).
The adoption exception will apply to a child if they have been:
- Placed for adoption with the claimant(s); or
- Adopted by the claimant(s) in accordance with the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007.
The exception will not apply if:
- The claimant(s) was a step-parent of the child immediately prior to the adoption; or
- The claimant(s) has been a parent of the child at any time (other than by adoption); or
- The adoption order was made a convention adoption order under certain legislation; or
- Prior to the adoption, the child was adopted by the claimant(s) under the law of any country or territory outside of the British Islands.
Adoption example 1
May is a single parent. She claims UC for her two children who were born in 2010 and 2012 respectively. In May 2019, she adopts a baby. Under the normal rules, she would not receive a child element in respect of her new baby because she is already claiming for two other children. However, as her third child is adopted, they will receive a child element.
If May was to give birth to a fourth child in July 2020, she would not receive the child element for that child unless one of the exceptions applied to the fourth child.
Non-parental caring arrangements
This will apply where the claimant(s) is a friend or family carer of the child. A 'friend of family carer' means a person who is responsible for the child if any of the following apply:
- Is named in a child arrangements order (under Section 8 Children Act 1989) or a residence order (under Article 8 Children (Northern Ireland) Order 1995) as a person with whom the child lives
- Is a guardian appointed under certain legislation (Section 5 Children Act 1989, Section 7 Children (Scotland) Act 1995 or Article 159 or 160 Children (Northern Ireland) Order 1995)
- Is a special guardian of the child appointed under Section 14A Children Act 1989
- Is entitled to guardian's allowance in respect of the child
- Is a person who has a kinship care order in relation to the child (as defined in s.72(1) of the Children and Young People (Scotland) Act 2014)
- Is a person in whom one or more of the parental responsibilities or parental rights (described in Section 1 or 2 of the Children and Young People (Scotland) Act 2014) are vested by a permanence order made in respect of the child (under Section 80 of the Adoption and Children (Scotland) Act 2007)
- Has undertaken the care of the child in circumstances in which it is likely that the child would otherwise be looked after by a local authority
The exception will also apply where the claimant is responsible for the child and any of the first 6 bullets above applied immediately prior to the child's 16th birthday and since that date the claimant has continued to be responsible for the child.
The exception will NOT apply if the claimant(s) is the parent of the child or step-parent of the child.
Child of a child that the claimant is responsible for
This is intended to cover situations where the claimant's child has a child of their own who the claimant is also responsible for. This situation is most likely to happen where the claimant(s) is the grandparent of the child.
Note that for UC purposes, a child is defined as someone under the age of 16. This exception only applies where the claimant is responsible for a child (under the age of 16) who has a child of their own. For child tax credit, the exception applies where the claimant is responsible for a child or qualifying young person, who has a child of their own.
If a claimant has two children of their own, then becomes responsible for their grandchild, they will receive child elements for all three children. However, if they go on to have a further child of their own, they will not receive the child element for that child.
The purpose of the multiple birth exception is to recognise that families do not normally plan for a multiple birth.
In some cases, a multiple birth will not need an exception. For example, if a claimant has twins and claims UC for the first time – the twins will each receive a child element because the claimant is not receiving a child element for any other child.
The multiple birth exception will be needed where:
- The claimant has at least one child already on the claim and has a multiple birth
- The claimant has no children on the claim but has a multiple birth with triplets (or more).
The first child in a multiple birth will only get the child element if they are the first or second child on that claim. If they are not, then they will not receive the child element. For all other children in the multiple birth (other than the first born), they will each receive a child element due to the multiple birth exception as long as the claimant remains responsible for at least two children born as part of the multiple birth.
Multiple birth example 1
Chester and Roseanne are claiming universal credit. They have no children. In May 2018, Roseanne gives birth to twins. As the couple are not claiming for any other children, no exception is required and the child element will be paid for each child.
Multiple birth example 2
Assume that Chester and Roseanne from Example 1 had Triplets in May 2018 (rather than twins). The first and second child would receive child elements, however under the new rules the third child would not receive a child element.
The multiple birth exception means that in this case – a child element would be payable for Child 3.
Multiple birth example 3
Elliott and Justine are existing UC claimants who have two children who were born before 6 April 2017. In May 2018, Justine gives birth to twins – Dexter and Diane. Under the normal rules, no child elements would be paid for either Dexter or Diane, because they are the third and fourth children on the claim.
As Dexter (the third child on the claim) is the first child in the multiple birth and isn’t the first or second child on the claim – no child element will be paid for him as no exception applies.
However, a child element will be paid for Diane because she is the second child in the multiple birth and the multiple birth exception applies.
This exception applies in relation to a child where:
- The claimant(s) is the child’s parent; and
- The Secretary of State determines that:
- The child is likely to have been conceived as a result of sexual intercourse to which the claimant did not agree by choice, or did not have the freedom and capacity to agree by choice; and
- The claimant is not living at the same address as the other party to that intercourse (“B”)
The legislation goes on to further define ‘did not have the freedom or capacity to agree by choice’ as including (but not limited to) circumstances which at or around the time the child was conceived:
- B was personally connected to the claimant
- B was repeatedly and continually engaging in behaviour towards the claimant that was controlling or coercive; and
- That behaviour had a serious effect on the claimant
Personally connected in this context means that B is in an intimate personal relationship with the claimant or B and the claimant live together and are members of the same family or have previously been in an intimate personal relationship with each other.
The claimant and B are members of the same family if, at or around the time the child in question is conceived:
- They are or have been married to each other or civil partners of each other
- They are relatives (within the meaning of the Family Law Act 1996)
- They have agreed to marry each other (whether or not the agreement has been terminated)
- They have entered into a civil partnership agreement whether or not the agreement has been terminated
- They were both parents of the same child
- They have, or have had, parental responsibility for the same child under certain legislation (Section 3 Children Act 1989 or Article 6 Children (Northern Ireland) Order 1995)
- They have, or have had, in respect of the same child, one of more parent responsibilities or parental rights set out in certain legislation (Section 1 or 2 of the Children (Scotland) Act 2007)
The behaviour has a serious effect on a claimant if it causes the claimant to fear, on at least two occasions, that violence will be used against them or it causes the claimant serious alarm or distress which has a substantial adverse effect on their day to day activities.
Process
Our understanding is that claimants will be asked on the online system if they think an exception applies when they add a third or subsequent child. They should then receive a call from a DWP adviser who will signpost them to the relevant forms online (we are investigating what options exist for those who do not have internet access). An appointment will then be arranged with a work coach where supporting evidence (see below) can be provided.
It should be noted that the exception will only be applied from the beginning of the assessment period in which it is claimed. So if a claimant phones DWP to add a child to the claim but does not claim an exception at the same time, DWP’s will not backdate the exception to the date the child was added if the claimant later contacts them to say an exception should apply.
Evidence requirements
DWP will require evidence that the child meets the exception conditions in most cases except for multiple births (which can be established from information already given).
- Adoptions – DWP will ask to see a copy of the adoption certificate. If this is not available written evidence from a social worker which includes the date the child was placed with the claimant, the name of the child and the name(s) of the adoptive parents should suffice.
- Non-parental care arrangements (formal arrangements) – Where there are formal care arrangements by family and friends carers, for example a Child Arrangements Order or a Guardianship order, a copy of the order can be used as evidence.
- Non-parental care arrangements (informal arrangements) – Where the arrangement is informal the exception will only apply if it is likely that the child would otherwise be looked after by a local authority. DWP require a form to be completed from a registered social worker. However, as far as we can ascertain, there is no legislative requirement that states it must be a registered social worker who confirms that the child would otherwise be looked after by a local authority.
- Non-consensual conception – DWP staff will not question the claimant about the incident other than to deal with the claim and the supporting evidence. There are three ways to provide evidence for this exception:
- By providing evidence of a conviction for rape or controlling or coercive behaviour in an intimate or family relationship, where this relates to the non-consensual conception of the child; or
- Providing evidence of an award made under the Criminal Injuries Compensation Scheme in respect a relevant criminal injury sustained by the claimant where it appears likely that the criminal injury was caused by the other parent of the child and resulted in the conception of the child or diminished the claimant’s freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception.
- By having a form completed by a third party professional. The claimant will need to take the form to the professional from a specific charity, health care professional or registered social worker. The third party will need to confirm that the claimant’s circumstances are consistent with the non-consensual conception conditions. The claimant will also need to sign to say they are not living with the other parent of the child they are claiming the exception for.
If the claimant has previously provided evidence to HMRC for this exception, DWP can accept that the evidence has been provided for UC purposes.
Continuation of exceptions for step-parents
The regulations allow for the continuation of exceptions in cases involving step-parents. DWP say that this is to avoid a cash loss where a step-parent takes responsibility for the children after a joint claim with their parent ends. The continuation continues until the step-parent is no longer responsible for the relevant child. If the step-parent forms a new relationship, the exception would continue if they remain responsible for the child.
The regulations have introduced a specific definition of step-parent. It means a person who is not the child’s parent but who is:
- A member of a couple, the other member of which is a parent of the child, where both are responsible for the child; or
- Was previously* a member of –
- A couple, the other member of which was a parent of the child, or
- A polygamous unit (within the meaning of the Tax Credits Polygamous Marriages Regulations 2003, another member of which was a parent of A)
* If immediately prior to ceasing to be a member of that couple of that polygamous unit the person was, and has since remained, responsible for the child.
There will be a continuation of an exception for a child if no other exception applies to that child, the claimant(s) is the child’s step-parent and the claimant has previously been entitled to an award of universal credit as a member of a couple jointly with a parent of the Child where an exception for multiple birth, adoption, or non-consensual conception applied.
The run-on will continue until either the step-parent is no longer responsible for the relevant child or until there is break in their Universal Credit entitlement over 6 months. The continuation also applies where the previous claim was CTC, old style JSA or income support.
Prior to 6 April 2017, a higher amount of child element was included for the first child on a UC claim – called the first child premium. This higher rate is no longer be paid for a first child born after 6 April 2017. Only claimants who are responsible for a child or qualifying young person born before 6 April 2017 will receive the first child premium.
There is more information about universal credit and the 2 child limit on the GOV.UK website.
Last reviewed/updated 1 July 2022