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Maternity, paternity and adoption leave and tax credits

If you or your partner are off work on maternity, paternity or adoption leave, you may still be treated as working and be able to claim Working Tax Credit. It'll depend on what your usual working hours were before you went on leave, and the length of time you're off work.

On this page:

Your usual working hours

Your usual working hours are the hours you worked every week before you went on leave. To get Working Tax Credit, you must normally be over the age of 25 and work at least 30 hours a week. But you only need to work 16 hours or more a week if you or your partner are:

  • aged at least 16 and are responsible for a child or young person
  • aged at least 16 and you qualify for an extra payment of tax credits because you're disabled
  • over 50 and going back to work after being on benefit for at least six months

You should expect your paid work to continue for at least four weeks.

Working out usual working hours for your tax credits claim

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Maternity leave - when you can claim tax credits

You count as being in work for the first 26 weeks of ordinary maternity leave, and the first 13 weeks of any additional maternity leave - a total of 39 weeks.

Therefore you can continue to get Working Tax Credit as long as you worked 16 or 30 hours a week - whichever applied - immediately before you went on leave.

If you go back to work immediately after your first 39 weeks of maternity leave are over, you can continue to claim Working Tax Credit.

If you're a new customer, you can claim Working Tax Credit - including help with childcare costs - as long as you usually worked 16 hours a week immediately before your maternity leave began.

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Maternity leave - when you're not entitled to claim

Any further leave - paid or unpaid - you take after the first 39 weeks doesn't count as being in work. So you may not be able to claim or continue receiving Working Tax Credit for this period unless you have a partner who is working 16 hours a week or more.

If you are claiming Working Tax Credit and you don't go back to work immediately after the first 39 weeks of maternity leave end, you need to let the Tax Credit Office know within one month. If you don't you may be paid too much money which you'll have to pay back and you may be asked to pay a penalty.

Find out more about Maternity Leave on the Directgov website

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Adoption and paternity leave - when you can claim tax credits

You count as being in work for the first 26 weeks of ordinary adoption leave and the first 13 weeks of any additional adoption leave - a total of 39 weeks. You're also treated as being in work for the two weeks of paternity leave. Therefore you can continue to get Working Tax Credit as long as you worked 16 or 30 hours a week - whichever applied - immediately before you went on leave.

If you go back to work immediately after the first 39 weeks of your adoption leave or the two weeks of your paternity leave are over, you'll still be able to claim or continue receiving Working Tax Credit.

If you're a new customer, you can claim Working Tax Credit as long as your usual working hours were at least 16 hours a week immediately before your adoption or paternity leave began.

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Adoption and paternity leave - when you're not entitled to claim

Any further leave - paid or unpaid - you take immediately after the end of the first 39 weeks of adoption leave or two weeks of paternity leave doesn't count as being in work. Therefore you may not be eligible for Working Tax Credit for this period unless you have a partner who is working 16 hours a week or more.

If you are claiming Working Tax Credit and you don't go back to work immediately after the first 39 weeks of adoption leave or two weeks of paternity leave ends, you need to let the Tax Credit Office know within one month. If you don't, you may be paid too much money which you'll have to pay back and you may be charged a penalty.

Find out more about paternity leave on the Directgov website

Find out more about adoption leave on the Directgov website

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Child Tax Credit and Child Benefit

You may also be able to claim Child Tax Credit for your new baby or adopted child, and you don't have to be working to do so. You may be able to claim from the date of placement for adoption or birth of your child. Any claim can only be backdated up to three months to the date of birth or adoption, so you should claim as soon as possible. If you’re unsure whether you can claim, you can contact the Tax Credit Helpline on Tel 0845 300 3900 or Textphone 0845 300 3909 for help and advice.

You can also claim Child Benefit - a tax-free monthly payment available to anyone bringing up a child or young person. Your income or savings do not affect it, and you do not have to be receiving tax credits to get it.

Find out how much tax credits you can get with a new baby

How to claim Child Benefit

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Contact the Tax Credit Office

If you need more help you can call the Tax Credits Helpline which is open from 8.00 am to 8.00 pm every day except Christmas Day, Boxing Day and New Year's Day. The numbers you can ring are:

  • Tel 0845 300 3900
  • Textphone 0845 300 3909 - if you are deaf or have a hearing or speech impairment

If you're calling from overseas you can also contact the Tax Credit Office on Tel + 44 289 053 8192.

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More useful links

How to claim tax credits

Tax credits: how and when to report changes

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