Scotland – Free childcare for children aged between 3 to 5 (and some 2 year olds)
In Scotland government funded early learning and childcare is available to some children aged 2 and all children aged 3-5.
There are similar schemes in England and Wales.
Please note: we are not aware of any plans by the Scottish government to expand free childcare in line with the expanded scheme in England for working parents.
If your child is aged 2:
You can get 1,140 hours of free childcare a year (approximately 30 hours a week during term time) for your 2-year-old if you are in receipt of a qualifying benefit or you or your child have experience of care.
The qualifying benefits are:
- Income Support
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Incapacity Benefit
- Severe Disablement Allowance
- State Pension Credit
- Universal Credit – if your household income from work is £850 (net) a month or less.
- Support through part VI of the Immigration and Asylum Act 1999 (Support for Asylum Seekers)
Even if you are not receiving a qualifying benefit your 2-year-old can still get free childcare if any of the following apply:
- They’re looked after by a local council
- They’re in kinship care
- They’ve been appointed a guardian
If you as a parent have experience of care, your 2-year-old can also access free childcare.
If you do not meet any of the above criteria it is still worth checking with your local council whether you could get free childcare for your 2-year-old. Some local councils offer free childcare to children who do not meet the usual eligibility criteria. Check with your local council for more information.
Once your 2-year-old child qualifies for free childcare, you will continue to receive it even if you have a change of circumstances such as no longer qualifying for benefits.
If your child is aged 3-5:
All children aged 3-5 are entitled to 1,140 hours of free childcare a year (approximately 30 hours a week during term time). There are no work or earnings requirements and you do not have to be in receipt of certain benefits or meet any other eligibility criteria.
Some local councils may offer more than 30 hours. You will need to contact your local council to find out if this is something they offer.
How to apply:
To apply for free childcare you will need to contact your local council. When you should apply depends on your child’s birthday and your local council’s process. Some councils only accept applications at certain points in the year, which could be up to a year in advance. It is worth checking with your local council when you should apply well in advance to give you a higher chance of securing childcare with your preferred provider. If you miss the deadline your child will still be eligible, but you may not be able to get the childcare from your preferred provider.
When can the free childcare start?
If your child is eligible the free childcare will start at the beginning of a school term.
If your child’s birthday is between:
- 1 March-31 August the free childcare will start in August (autumn tern)
- 1 September-31 December the free childcare will start in January (spring term)
- 1 January-last day of February the free childcare will start in March or April (summer term)
Frequently asked questions
Below is a summary of the most frequently asked questions we receive about the free childcare schemes in Scotland on our helpline.
Eligibility
I earn over £100,000 a year. Am I entitled to free childcare for 3 to 5 year-olds?
There are no work or earnings requirements for 1,140 hours of free childcare for 3-5 year-olds. Therefore, it does not matter whether you or your partner individually or jointly earn over £100,000 a year, you will still be eligible for the free childcare.
I’m claiming free childcare but my circumstances have changed. Will it affect my eligibility?
My child is aged 2
Once you have been accepted for free childcare for your 2-year-old child, it will continue even if you have a change of circumstances such as an increase in income, or no longer qualifying for benefits.
My child is aged 3-5
The free childcare is universally available to all 3-5 year-old children. There is no work or earnings requirements and you do not have to meet any other eligibility criteria so a change in your circumstances does not make a difference to your entitlement.
My child has reached primary school age, but isn’t starting school yet. Are we still eligible for free childcare?
If your child is aged 4 on the date they are due to start primary school, you can defer your child’s entry to primary school by a year. If you do this you will automatically get an extra year of free childcare if their 5th birthday is in January or February.
If your child’s 5th birthday is after the beginning of the autumn term, in August, but before 1 January you will need to apply to your local council for extra funding. It is up to your council whether to give you extra funding in this situation, but even if you don’t get extra funding you can still defer their school entry.
I’m a student. Am I eligible for free childcare for my 2-year-old?
You can be, if you meet the eligibility requirements. If you are in receipt of a qualifying benefit or your or your child are care experienced, you may be eligible for free childcare for your 2-year-old. Free childcare for 3-5-year-olds is a universal entitlement and is not affected by being a student.
Using the free hours entitlement
My childcare provider says I must use the free hours in a particular way. Are they correct?
Each childcare provider has a different approach to the government scheme, and how the free hours are used are typically down to your agreement with them. If you have an issue, you should speak to your childcare provider or local council.
The 1,140 hours entitlement is usually taken as 30 hours a week over term time (38 weeks of the year). With the agreement of your childcare provider, you can use the hours in term time only or stretch the hours out over more than 38 weeks. If you stretch the hours out over 52 weeks, you would receive 22 hours per week.
Some childcare providers are flexible in their approach, and others require you to use up the free hours in a particular way (e.g. in a set number of full days or half days). This is typically down to your agreement with them.
Can I use free childcare while claiming help with childcare costs through Universal Credit or Tax-Free Childcare?
If you are receiving free childcare you can use this at the same time as help with childcare costs through Universal Credit or Tax-Free Childcare. You can claim help through these schemes for any childcare that you pay for in addition to free childcare you use.
This advice applies in 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.