RCN position statement on exceptions to the limiting of the individual element of the child element of child tax credit and the child element of universal credit to a maximum of two children

Introduction

Changes to child tax credits were introduced in April 2017 by the Government, limiting child tax credit to the first two children. There were a number of exceptions introduced, including one for a child born as a result of ‘non-consensual conception’ (commonly referred to as the ‘rape clause’). The subsequent guidance published by The Department of Work and Pensions (DWP) stated that a woman can claim for a third or subsequent child if it was conceived "as a result of a sexual act which you didn't or couldn't consent to" or "at a time when you were in an abusive relationship, under ongoing control or coercion by the other parent of the child".

The DWP requires a claimant to complete a form (NCC1 4/17) making a declaration that the terms of the exemption have been met. This declaration is then signed by a third party professional, which could be a nurse, midwife, social worker or health care specialist.

The DWP has produced guidance (below) to explain the role of the third party assessor, however the RCN remain concerned about the impact this may have on the therapeutic relationship with the woman, and the value of this affirmation by a healthcare professional.

RCN position statement 

The RCN has raised its concerns about this policy. We were not proactively approached by the DWP in advance of this change to discuss its potential impact on nurses and midwives. We are agreed that this legislation (and particularly the 3rd Party Declaration Form), is a cause for concern, in particular about the additional burden and responsibility this will place on nurses and midwives and the expectation that it is normally appropriate for a nurse or midwife to arbitrate if a woman’s claim is consistent with rape.

We recognise that engaging with this process has legal, professional and ethical implications that may negatively impact on the relationship between patient and nurse, midwife or health visitor.

We do not believe this is an integral part of the role of the nurse or the midwife, as the requirement to provide a determination to the entitlement to this benefit is outside the normal therapeutic relationship, and requires healthcare professionals to make a very specific judgement call that would not ordinarily form part of their duties. To date, there has been no identification from government of the training and support to be offered to third party professionals to enable them to undertake this additional role.

Nurses and midwives who are asked to undertake this work would need to use their professional judgement and be confident they are aligned with their NMC Code.

The DWP have produced Guidance which can be found at https://www.gov.uk/government/publications/support-for-a-child-conceived-without-your-consent

• Support for a child conceived without your consent: Including rape or while you were in a coercive or controlling relationship This is for England, Scotland and Wales claimants only.
• Guidance for third parties – Support for a child conceived without the claimant’s consent, including rape, or while they were in a coercive or controlling relationship. This is for England, Scotland and Wales claimants only.
• Guidance for third parties in Northern Ireland – Child tax Credit support for a child conceived without the claimant’s consent, including rape, or while they were in a coercive or controlling relationship.
• Guidance for third parties: Support for a child conceived without your consent (Northern Ireland)
• Welsh: Cymorth ar gyfer plentyn a gafodd ei feichiogi heb eich caniatâd
• Welsh: Credydau Treth Plant, Credyd Cynhwsol a Chymhorthdal Incwm – Canllaw i drydydd parti

NMC Code for nurses and midwives (2015) https://www.nmc.org.uk/standards/code/

Should an RCN member require further individual assistance or support with this, please contact RCN Direct at 0345 772 6100