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There are currently no known outstanding effects for the The Childcare (Free of Charge for Working Parents) (England) Regulations 2022, Section 4.
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4.—(1) In these Regulations—
“the Act” means the Childcare Act 2016;
“adjusted net income” has the meaning given in section 58 of the Income Tax Act 2007(1);
“care plan” has the meaning given in regulation 5;
[F1“Chief Inspector” means His Majesty’s Chief Inspector of Education, Children’s Services and Skills;]
“childcare provider” has the meaning given in regulation 6;
[F2“childminder” means a person registered as—
an early years childminder with domestic premises under section 37(1) or 37A(1) of the 2006 Act;
an early years childminder without domestic premises under section 37(2A) or 37A(1A) of the 2006 Act;
an early years provider other than a childminder under section 37(2) or 37A(2) of the 2006 Act in respect of early years provision which would be early years childminding, at least some or all of which is on domestic premises, but for section 96(5) of the Act];
“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;
“declaration” means a declaration under section 1(2)(e) of the Act;
“early years childminder agency” has the meaning given in section 98(1) of the Childcare Act 2006(2);
“employee” has the meaning given in regulation 7;
“the First-tier Tribunal” means the tribunal established under section 3(1) of the Tribunal, Courts and Enforcement Act 2007(3);
“foster parent” has the meaning given in regulation 8;
“inspection report” means—
in relation to an early years childminder agency, a report under section 51E of the Childcare Act 2006(4);
in relation to a childcare provider, a report under any of the following—
[F3section 162A of the Education Act 2002(4) (whether by the Chief Inspector or by a body approved by the Secretary of State for the purposes of section 162A of that Act);]
section 5 of the Education Act 2005(5);
section 50 of the Childcare Act 2006(6);
section 109 of the Education and Skills Act 2008(7);
[F4“limited capability for work” means limited capability for work under—
regulation 39 of the Universal Credit Regulations 2013, or
regulation 40 of the Universal Credit Regulations (Northern Ireland) 2016;]
[F4“limited capability for work and work-related activity” means limited capability for work and work-related activity under—
regulation 40 of the Universal Credit Regulations 2013, or
regulation 41 of the Universal Credit Regulations (Northern Ireland) 2016;]
“looked after by a local authority” has the meaning given in regulation 9;
“partner” has the meaning given in regulation 10;
“relevant tax year” means, in relation to a declaration, the tax year in which the declaration is made;
[F5“responsible local authority” means—
in relation to a child who meets the description in regulation 9(1)(a), the local authority who looks after the child, or
in relation to a child who meets the description in regulation 9(1)(b), (c) or (d), the English local authority for the area in which the child may be a qualifying child of working parents;]
“review” means a review under regulation 36;
F6...
[F7“specified benefit” has the meaning given in regulation 11A;]
“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007.
(2) The following table—
(a)sets out the expressions of the Act used in these Regulations, and
(b)shows where in that Act each of those expressions is defined.
Expression used in these Regulations | Location of definition in the Act |
---|---|
“childcare” | sections 1(9) and 2(8) |
“English local authority” | section 2(8) |
“parent” | section 1(9) |
“qualifying child of working parents” | section 1(2) |
“young child” | section 1(9) |
Textual Amendments
F1Words in reg. 4(1) inserted (20.12.2024) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024 (S.I. 2024/1228), regs. 1(b), 3(2)(a)
F2Words in reg. 4(1) substituted (1.11.2024) by The Levelling-up and Regeneration Act 2023 (Miscellaneous Amendment) Regulations 2024 (S.I. 2024/1019), regs. 1(1), 11(2)
F3Words in reg. 4(1) inserted (20.12.2024) by The Local Authority (Duty to Secure Early Years Provision Free of Charge) and Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024 (S.I. 2024/1228), regs. 1(b), 3(2)(b)
F4Words in reg. 4(1) inserted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 11(b)
F5Words in reg. 4(1) substituted (1.1.2024) by The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330), regs. 1(2), 2(2)
F6Words in reg. 4(1) omitted (30.3.2023) by virtue of The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 11(c)
F7Words in reg. 4(1) inserted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 11(d)
Commencement Information
I1Reg. 4 in force at 1.12.2022, see reg. 1(b)
2007 c. 3. Section 58 was amended by paragraph 9 of Schedule 3 to the Finance Act 2011 (c. 11) and S.I. 2018/459.
The definition of “early years childminder agency” was inserted by paragraph 62(2)(b) of Schedule 4 to the Children and Families Act 2014 (c. 6).
Section 51E was inserted by paragraph 13 of Schedule 4 to the Children and Families Act 2014 (c. 6).
2005 c. 18. Section 5 was amended by paragraph 23 of Schedule 7 to the Education and Inspections Act 2006 (c. 40), paragraph 17 of Schedule 2 to the Academies Act 2010 (c. 32) and sections 40(2) and 41(1) of, and paragraph 15(2) of Schedule 13 to, the Education Act 2011 (c. 21).
Section 50(4) was repealed by paragraph 111 of Schedule 14, and Part 5 of Schedule 18, to the Education and Inspections Act 2006 (c. 40).
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