skip to content »

Care backdating

given 63 days to comply with the immunisation requirements. Note: From 1 January 2016, there will no longer be a 63 day grace period for an individual when they initially apply for CCB.A child must meet the immunisation requirements at the time of initial claim.

If the claim is rejected the individual will be advised and a reason provided for the rejection.The government has said the decision would “minimise disruption” to the sector while it decides whether the industry needs further support.This could involve the government providing the sector with money to fund backpay though any such support would need to comply with European Union rules on state aid to private organisations.An individual receiving an income support payment (1.1.I.50) is automatically eligible for the maximum rate of CCB and does not need to provide an income estimate.Attendance information cannot be sent from DSS to Centrelink until a formal enrolment is completed.

Note: From 1 July 2013 individuals have 12 months after the relevant financial year the child care was provided to lodge a lump sum claim for approved child care with Centrelink.

The issue of backdated payments for employees of care providers doing sleep-in care services arose following an employment tribunal in May, which ruled that workers were entitled to the national minimum wage for sleep-in hours, rather than a fixed rate.

Following the tribunal, the government has waived historic fines for providers found not to have paid staff the minimum wage for sleep-in shifts up to 26 July 2017.

“It is nevertheless encouraging that the government appears to accept the need to support the sector in dealing with the £400 million back pay liability.

It remains essential that the sector receives full funding for this liability to avoid unacceptable harm to people with a learning disability and insolvencies among providers.” Unison general secretary Dave Prentis said the extension was a “green light for dodgy employers to carry on paying illegal wages without fear of ever being punished”.

The government has delayed its decision about whether to support care providers in paying owed sleep-in payments to care staff by a further month.