Support for Childcare Costs for Disabled Children
The Equality Act applies to childcare providers. They are not allowed to discriminate against disabled children and must make ‘reasonable adjustments’. They are allowed to charge extra if they need to employ extra staff or limit their provision to fewer children, but they are only allowed to charge for the extra costs incurred.
This article outlines support that may be available for childcare costs for disabled children.
Universal Credit
If you are claiming Universal Credit you may be able to claim up to 85% of what you pay or 85% of the maximum childcare costs. However, you may get less than this because UC is reduced by your income. The maximum childcare costs taken into account (for 2025/26) are £1,031.88 a month for one child or £1,768.94 a month for more than one child.
You can claim childcare costs for disabled children up to the end of the week including 1st September following their 16th birthday. The childcare must be registered or approved. Care by a relative of the child does not qualify unless it is provided away from your home and the relative is registered or approved.
You must be in paid work to get help with childcare costs. There is no minimum number of hours you need to work to get help with childcare costs. However, the childcare must be provided in order to enable you to work.
If you are claiming with a partner both of you normally need to be in paid work, unless one partner is on certain benefits or national insurance credits for sickness or disability (for example, Employment and Support Allowance), in hospital, in prison, or a carer entitled to Carer’s Allowance
For more information, see our article on Childcare Costs and Universal Credit.
Important: You should get advice before switching to UC if you are currently getting Income Support, Jobseeker’s Allowance, Income-related Employment and Support Allowance or Housing Benefit. You could end up worse off and you will not be able to return to your old benefits.
Free early years education
In England, there are three government-funded early education schemes that offer free childcare for children aged two, three and four:
- 15 hours free education and childcare for eligible 2-year-olds (low income benefits or children with additional needs)
- 15 hours free childcare for all 3 and 4-year-olds (universal scheme)
- 30 hours free childcare for eligible children of working parents aged between 9-months and 4 years-old
These schemes are only available to families living in England, although similar schemes are available in Scotland, Wales.
In England, 2-year-olds on Disability Living Allowance, who have a current statement of special education needs (SEN) or an education, health and care (EHC) plan are entitled to 15 hours of free nursery education for 38 weeks of the year. For 3 and 4-year-olds, this entitlement is universal so all children can benefit.
For more information, see our article on free childcare for children aged two, three and four.
Tax-Free Childcare
Tax-Free Childcare is a government scheme that pays 25% of childcare costs. To apply, you must set up an online account and contribute, and the government tops up funds by 25%.
The government tops it up to a maximum of £4,000 a year for qualifying disabled children.
For the purposes of Tax-Free Childcare, a disabled child means a child who is receiving Disability Living Allowance (DLA), Personal Independence Payment (PIP), Child Disability Payment, an armed forces independence payment, or a payment from elsewhere in the European Economic Area which has a similar character to those benefits.
Children who are certified as severely sight impaired or blind are also disabled for the purposes of Tax-Free Childcare.
You won’t be able to use Tax-Free Childcare if you get Universal Credit. Applying for Tax-Free Childcare will mean that your Universal Credit will be stopped. If you are in a childcare voucher scheme, applying for Tax-Free Childcare will also stop your vouchers.
Childcare Vouchers
Some employers provide childcare vouchers as a benefit or through a salary sacrifice scheme. You can only get these if you are already in the scheme and you are still with the same employer, as it was closed to new entrants in 2018.
You do not pay National Insurance or tax on vouchers up to £55 a week. Vouchers can be used for registered or approved childcare.
You cannot include the cost of childcare which is paid for by vouchers in your claim for Universal Credit. Sacrificing some of your salary may have a knock-on effect on pay rises and pension contributions. It is important to calculate whether you are better off claiming vouchers.
Comparing different types of help with childcare costs
There is a government calculator which compares different types of childcare support, but it does not provide details of Universal Credit childcare support.
You can check how much you could get in Universal Credit using a benefits calculator.
Direct Payments
If your local authority assesses your disabled child as in need of services, such as a nursery place or short breaks (respite care), you can ask for direct payments from your local council and arrange services yourself. Direct Payments mean that you have much more flexibility.
Further Resources
For Family Information Services – see your local authority’s website or visit the Family and Childcare Trust.
This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
