30 hours free childcare entitlement

[Cat2014]

Hi, I wonder if anyone can help with this query, I have tried to google but can’t find an answer.
My brother and ex-sil are divorced and he has their children approx 45 percent of the time. There’s a court order for the split. The youngest turns 3 in feb. My brother works full time but luckily his work have been quite flexible re finishing early/going in late on days he has children. Though he works late etc the other days to compensate. He is looking to use some of the free childcare for the youngest to help with work times but his ex is saying she wants to use the hours when she has him. She says it’s only 15 hours but we thought it was 30 from age 3? The question is 1. Is it 30 hours, and 2. Should my brother be able to use half during his times of having the children?
Thanks

It is 1140 hours per year, which is 30 hours per week over 38 weeks. Depending on the childcare provider those hours may be split over a full 52 weeks. It is made up of two components: 15 hours nursery education and 15 hours of additional care. All families in England are eligible for 15 hours nursery education, the 15 hours additional care is subject to eligibility. Not all childcare providers will provide the full 30 hours.

The child can become eligible the term following their third birthday, so would only apply from start of Summer term in the case of a February birthday.

They need to decide which of them applies for the 30 hours funding. They need to make sure they are eligible, so having earnings equivalent to or greater than working 16 hours per week at NMW, having income less than £100,000 annual, or if you are starting/restarting work within the next 31 days and expect to earn over the minimum of 16 hours at NMW.

Should they be unable to decide which of them is best making the claim, then they both can claim and I think Tax Free Childcare service will then try to make a decision for them. Only one of them can claim.

Do they live near each other? Could they use the same childcare facility?

Separately from that, all dc are entitled to 15hrs Early Education Funding from the term after they turn 3 (ie, after Easter in this case), even if they aren't entitled to the 30 hours.

That is included as part of the 30 hours, not as well as, unfortunately.

To get the 30 hours, it is crucial they get the code in time, by the date the Nursery need it. People who don't, miss out as there isn't leeway for the Nurseries.

www.childcarechoices.gov.uk/ - This has the basic information about the schemes.

More information is available at: www.gov.uk/30-hours-free-childcare

For more guidance I would suggest they contact their local authority Family Information Service, who may then refer a query on to a dedicated team at the local authority. The Tax-Free Childcare helpline is also available... if they call them then I would suggest they discuss what happens if both parents make a claim when the parents are divorced and not living together.

To get the 30 hours, it is crucial they get the code in time, by the date the Nursery need it. People who don't, miss out as there isn't leeway for the Nurseries.

Absolutely, they are right to be thinking about this now and they need to work out what they are going to do so that they can apply as soon as they are able to do so (which I think is from January 2019).

Is the mum working? If she isn't then they will only qualify for the 15 hours not 30.

If mum is claiming child benefit then the child will probably be considered to be living with her, so she will choose how the funding is used.

Does she work? If she doesn’t, or only works a few hours then they’ll only get the universal 15 hours. And either way it won’t start until after Easter if she’s 3 in Feb.

Thanks for the replies. Really helpful. She doesn’t work at the moment I think (I’ve asked him to clarify). Unfortunately although my brother is trying his best split is not very amicable. It sounds like as she has slightly more than 50:50 she gets to decide when the 15 hours are used? I might suggest my brother ring to ask. He’s struggling financially atm

Does she get the child benefit? Basically the parent getting child benefit gets all the other child related stuff, tax credits etc. It isn't split unless they agree privately.

Should my brother be able to use half during his times of having the children?

The best way of looking at this is to say that the hours 'belong' to the child, and not to the parents. So there is no particular set way or legal formula for the share-out of hours between the two parents.

Very simply, the parents both have to reach a mutual agreement on all childcare arrangements, including the distribution of these funded hours. If they cannot agree, then it's off back to their respective lawyers again.

No registered childcare provider worth their salt would accept a child if there was any sort of dispute over the arrangements. They need consent from both parents in order to provide care, and get into one heck of a minefield if they don’t have that.

I’m assuming both parents have legal parental responsibility for the child.

Thank you, the only problem is. One party has money to go back to lawyers and another (my brother) doesn’t. So in that respect he’s not going to get anywhere 😕

Yes she gets the child benefit etc.

I am so angry at how my brother is being treated here but trying not to get into all that to try and help him. It’s so difficult. He’s such a lovely man, honestly. I know we read here About men who are completely horrid all the time. I know women frequently suffer. However in this case I am watching my brother shrivel and wilt and all he wants is his family. It’s horrific. Sorry - tangent there. No one can help. We have tried

This is a genuine question, not a moral judgement, because I’m struggling with the logic of the situation. Why did he settle on contact time with the children during times at which he’s working, can’t be with them, and therefore has to put them into childcare?

He wanted as much time with the children as possible. When the contact order was agreed it was on the understanding that his ex would provide childcare for the youngest until they start school, as she said she couldn’t work until they start school. However now she has said she is working 2 days a week and that my brother needs to sort the childcare. He knows if he goes back to court this will probably be challenged but he can not afford to

Sorry not working at the moment, training

The funded childcare (it's not free, it is subsidised by the providers) is a bit of a political football, with ministers alternately calling it "education" or "help with childcare for hard working parents" according to what suits their agenda at the time.

Officially the funding supports Early Years Education, so the emphasis is wholly on the child's needs. That is to say, putting it bluntly, that no official or judge is likely to care two hoots about which parent is saving money for themselves by it.

It rather sounds like the current agreement has been overtaken by circumstances. All I can do is reiterate the need for both parents to agree, because no decent childcare provider would accept a child if one parent didn’t want them there.

Thinking ahead, the parents need to realise the same will hold true when it comes to choosing a school.

You are absolutely right with the current need being overtaken by circumstances. However they were renting out a property together and the court order stated that she would have the income from the properties because ‘she couldn’t work and so had to provide childcare’... therefore that would indicate that the judge did give 2 hoots about a parent saving
Money... also they have had the situation of choosing a school for their eldest. It’s hard because my brother wants the best for them and she only
Cares about making life difficult for him

Sorry who is training at the moment?

Ex wife training 2 days a week