Amendment of the Disability Working Allowance Regulations

5.  In regulation 15A of the Disability Working Allowance (General) Regulations 1991 (treatment of child care charges)(1)–

(a)in paragraph (1) after the words “is incurring” there shall be inserted the words “or in the case of a claimant to whom paragraph (6A) applies, will incur”;

(b)in paragraph (2) at the end of the definition of “relevant child care charges” there shall be added the words–

“or, in the case of a claimant to whom paragraph (6A) applies, with paragraphs (6B) and (6C).”;

(c)in paragraph (2A) after sub-paragraph (b) there shall be added the following sub-paragraph–

“(c)in the definition of “relevant child care charges” the words “charges paid” shall be taken to include charges which will be incurred and to which paragraph (6A) applies.”;

(d)after paragraph (6) there shall be inserted the following paragraphs–

“(6A) Where a claimant–

(a)has entered into an agreement for the provision of child care; and

(b)will under that agreement incur relevant child care charges in respect of child care during the period of the disability working allowance award,

the weekly charge for child care shall be calculated in accordance with paragraphs (6B) and (6C), based upon a written estimate of the relevant future charges provided by the claimant and child minder or other child care provider.

(6B) Subject to paragraph (6C), relevant child care charges which fall under paragraph (6A) shall be calculated in accordance with the formula–

(6C) Where relevant child care charges fall under paragraph (6A) and they are in respect of a child who does not attend school, the relevant child care charges shall mean the weekly estimate provided by the child minder or other child care provider multiplied by the number of weeks during the period of the disability working allowance award in which relevant child care charges will be paid, divided by 26.”.