Tax free childcare - can we use it??

We have an infant starting nursery in 6 months, and just discovered the tax free childcare government top up. Can we use it??

I thought we didn’t qualify for anything but just discovered this: https://www.moneysavingexpert.com/family/tax-free-childcare/

I know that I am not allowed to access public funds of any kind, but if my husband were to create the account to use this would that be acceptable? He is British, as is my daughter, so in theory they can be attached to it but I cannot, correct?

I do not want to do anything that will negatively impact my ILR/citizenship applications coming up next year or violate the terms of my current visa…

You absolutely can!  It's not a public fund. 

If you guys qualify, you can also apply for child benefit.  Just be sure your husband is the applicant.  Basically you guys can apply for most anything you qualify for, just your husband needs to be the applicant and he needs to not be paid MORE because of you.  So he can claim as himself and your child, but not anything extra.

When your child turns 3, you'll get the 15 hours of free childcare.  What stinks is that you can't get the 30 hours of free childcare even though to qualify, you both have to be working.  Will you have ILR by the time your child is 3?  If so, you'll be able to get the 30 hours.  It's term time only and often doesn't cover a nursery's full cost, but it will save a couple hundred pounds a month if you qualify.

If you guys qualify, you can also apply for child benefit.  Just be sure your husband is the applicant.  Basically you guys can apply for most anything you qualify for, just your husband needs to be the applicant and he needs to not be paid MORE because of you.  So he can claim as himself and your child, but not anything extra.

The public funds causing a problem will be - Universal Credit If renting and the contract is in joint names; Council Tax Reduction; homelessness help; social housing through the LEA if the property is in both names. Which is why Citizens Advice cautions to take immigration advice before claiming Universal Credit or Council Tax Reduction with a NRPF partner.

When your child turns 3, you'll get the 15 hours of free childcare.  What stinks is that you can't get the 30 hours of free childcare even though to qualify, you both have to be working.  Will you have ILR by the time your child is 3?  If so, you'll be able to get the 30 hours. 

Why do they have to wait until she has ILR? Her husband is a British citizen.

"Your immigration status

To be eligible for 30 hours free childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

    British or Irish citizenship
    settled or pre-settled status, or you have applied and you’re waiting for a decision
    permission to access public funds - your UK residence card will tell you if you cannot do this"
https://www.gov.uk/30-hours-free-childcare

Thanks to you both @KFdancer and @Sirius!

I will have ILR (and hopefully citizenship) by the time she’s 3, so should be good there whatever the language.

However there’s similar language on the tax free childcare qualifications and I can’t figure if this would disqualify us?

”To be eligible for Tax-Free Childcare, you (or your partner if you have one) must have a National Insurance number and at least one of the following:

British or Irish citizenship
settled or pre-settled status, or you have applied and you’re waiting for a decision
permission to access public funds - your UK residence card will tell you if you cannot do this”

It says you OR your partner, not AND, so I’m assuming this means it’s fine however as it’s the same language quoted above re: 30 hours I did want to check! Thoughts?

It says you OR your partner, not AND, so I’m assuming this means it’s fine however as it’s the same language quoted above re: 30 hours I did want to check! Thoughts?

The OR means that it can be claimed as your partner is a British citizen.

It doesn't matter that you are No Recourse to Public Funds, because of the OR and your partner being "one of the following".

Put the claim in the name of the parent that can take public funds.

Thank you @Sirius!

The rules changed in 2019 to only one parent needed ILR, which is fantastic.

There are other requirements (minimum hours worked by both, max salary threshold, term time only, and too ups to childcare providers as it usually doesn’t cover the full cost of 30 hours). However, grab it if you can get it.

Even at £2.80 per hour for 30 hours 32 weeks of the year, it’s nearly £3,000 a year in savings!

The rules changed in 2019 to only one parent needed ILR, which is fantastic.

There are other requirements (minimum hours worked by both, max salary threshold, term time only, and too ups to childcare providers as it usually doesn’t cover the full cost of 30 hours). However, grab it if you can get it.

Even at £2.80 per hour for 30 hours 32 weeks of the year, it’s nearly £3,000 a year in savings!

The "permission to access public funds - your UK residence card will tell you if you cannot do this” isn't just for those that have ILR (and who can now take Public Funds). Some foreign nationals destitute in the UK, can have the No Recouse to Public Funds lifted in a few cases. Public Funds also include homelessness help, social care, social housing as well as welfare payments.

The work requirement for this public fund, means that those working who have Pre-Settled Status are also allowed this free childcare: EEA and non-EEA citizens who used EU rules to live in the UK had to apply for this replacement visa under UK rules to be able to remain in the UK. Those on the Pre Settled Status, can only have UK Public Funds if they are working: the challenge brought before 31 December 2020  by some not working, on Pre-Settled Status and wanting UK Public Funds, was won (again) by the UK in the European Courts.