Child dependents under the Dependent Care Flexible Spending Account must be under age 13. Older dependents, including a spouse, child, or parent, must be physically and/or mentally unable to provide self care (as certified in writing by a licensed physician).
Dependent care may be provided:
- At home, if the care is not provided by someone claimed as a dependent;
- Outside of home, provided there is no overnight stay by the dependent child; or
- Outside of home, for a dependent age 13 or older (physically and mentally incapable of self-care as certified in writing by a licensed physician) and spends at least eight hours/day at home
Covered expenses must be incurred during the plan year on or after the employee date of eligibility. Under IRS regulations, expenses are incurred when the service is provided, not when the bill is paid. Certain expenses specifically are not covered. Examples are: overnight camp, housekeeping services, and after-school instructional or enrichment classes/courses.
In order to claim Dependent Care expenses for children or a disabled dependent, the dependent must be claimed as a dependent on the employee federal income tax return* (or be prevented from doing so only because she or he earned more income than the exemption amount or, in the case of a spouse, is filing a joint return).
*Certain exceptions may apply for children of divorced or separated parents; employees may wish to review IRS Publication 503 or consult with a tax advisor for additional information.