The Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014.

Article 2 amends the definition of “qualifying benefit”, as it applies in relation to a child whose second birthday falls on or after 1st March 2015, to include—

(a) child tax credit payable in certain circumstances under the Tax Credits Act 2002;

(b) support provided under Part VI of the Immigration and Asylum Act 1999; and

(c) universal credit payable under Part 1 of the Welfare Reform Act 2012.

The effect of these amendments is to extend the categories of “eligible pre-school child” for the purposes of section 47(1) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”). Section 47(1) of the 2014 Act imposes a duty on an education authority to secure, in pursuance of its duty under section 1(1) of the Education (Scotland) Act 1980 (c.44), that the mandatory amount (as defined in section 48 of the 2014 Act) of early learning and childcare is made available for each eligible pre-school child belonging to its area. As a result, certain additional 2 year olds will be eligible for the mandatory amount of early learning and childcare where they have a parent who is in receipt of one or more of the additional qualifying benefits.