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The Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024

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Amendment of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022

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2.—(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2022(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 16(3) (qualifying paid work requirement: employee)—

(a)in sub-paragraph (a)(i), after “foster parent,” insert “or”;

(b)for sub-paragraph (a)(ii) to (iv), substitute—

(ii)on specified leave other than leave of the kind mentioned in sub-paragraph (b);;

(c)for sub-paragraph (b), substitute—

(b)in the case of a person on specified leave that—

(i)is not specified leave of the kind mentioned in sub-paragraph (a)(vi), (a)(vii), (b)(iv) or (b)(vii) of the definition in paragraph (4), and

(ii)was started because of the birth or adoption of a child in respect of whom a declaration is being made,

the period of 31 days ending with the day before the day on which the person returns to work.;

(d)omit sub-paragraph (c).

(3) After regulation 16(3), insert—

(3A) In the case of a person in an EEA State or Switzerland, the references in paragraph (3)(a) and (b) to a person on specified leave of a particular kind mean any period the person is, under the law of that EEA State or Switzerland, on leave of a kind substantially similar to that kind of specified leave..

(4) In regulation 16(4), in the definition of “specified leave”, after sub-paragraph (a)(vi), insert—

(vii)carer’s leave;.

(5) In regulation 20 (when a declaration may be made)—

(a)for sub-paragraph (a), substitute—

(a)in the period of 16 weeks ending with the day before the day on which the child will meet the description in regulation 13 (if known), or;

(b)in sub-paragraph (b)(ii), after “ending” insert “with the day”.

(1)

S.I. 2022/1134, amended by S.I. 2023/276 and 1330.

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