Which Benefits Does The Limit Apply To?
From 6th April 2017 a two child limit has applied to Child Tax Credit, Universal Credit and Housing Benefit.
The limit does not apply to Child Benefit or Pension Credit Child Additions
In Child Tax Credit and Universal Credit no ‘elements’ are allowed for a third or subsequent child born after April 2017, unless an exception applies.
In Housing Benefit claims made before April 2017, no personal allowance is allowed for a third or subsequent child who is born or joins your household after this date, unless you get Child Tax Credit for them, or an exception applies.
In Housing Benefit claims made after April 2017, no Personal Allowance is allowed for a third or subsequent child unless you get Child Tax Credit for them, or an exception applies.
Even if you do not get the basic child element or personal allowance for your child, you can still get any extra bits that relate to disability.
Even if you do not get the basic child element or personal allowance for your child they are still counted in deciding how many bedrooms you need for Housing Benefit and Universal Credit Housing Costs Element
The Exceptions
The exceptions to the two child limit cover:
- Multiple births
- Adopted children
- Non-parental caring arrangements – where you care for the child of a family member or friend.
- Children whose mother is under 16 and living with you.
- Children born as a result of rape
- Children conceived during a coercive or controlling relationship.
The exceptions relating to non-consensual conception only apply if you are not living with the other party.
The non-consensual conception exceptions apply if there has been a conviction or a criminal injuries compensation award for rape or coercive and controlling behaviour.
If there has been no conviction or award you must get help from a sexual assault referral centre, specified rape charity, registered social worker or healthcare professional, to complete a form to allow your claim.
This is not a question of proof, which is often impossible. The worker who helps you complete your form simply says that she believes that your circumstances are consistent with a non-consensual conception.