In regulation 42(2) of the Disability Working Allowance Regulations after sub-paragraph (g) add—
(h) that is made in respect of childcare costs pursuant to—
(i) sections 5, 6 and 9 of the Learning and Skills Act 2000 ;
(ii) section 4 of the Further Education and Higher Education (Scotland) Act 1992 ;
(iii) Article 5 of the Further Education (Northern Ireland) Order 1997 ;
(iv) the Education (Student Support) Regulations 2001 ;
(v) the Student’s Allowances (Scotland) Regulations 1999 ; or
(vi) the Education (Student Support) Regulations (Northern Ireland) 2001 ;
provided that the claimant’s award does not include an amount of childcare tax credit under regulation 51(1)(aa) .