Childcare Payments Act 2014

4 Declarations of eligibility U.K.

(1) For the purposes of this Act a “declaration of eligibility” is a statement made by a person for an entitlement period which states that the person is an eligible person for the entitlement period.

(2) A declaration of eligibility made by a person for an entitlement period is “valid” for the purposes of this Act if—

(a) HMRC are satisfied that the person is an eligible person for the entitlement period,

(b) on the day on which the declaration is made, there is no other person who—

(i) holds an active childcare account in respect of the relevant child (see subsection (4)), or

(ii) is seeking to hold an active childcare account in respect of that child (see subsection (5)), and

(c) the declaration is made in accordance with regulations under this section.

(3) But subsection (2)(b) does not apply for the purpose of determining whether a declaration of eligibility made for the purposes of opening a childcare account is valid (see instead section 17(2)(c)).

(4) In subsection (2)(b) “the relevant child” means the child in respect of whom the person making the declaration holds a childcare account.

For what is meant by an “active” childcare account, see section 17(3).

(5) For the purposes of this section a person is “seeking to hold an active childcare account” if—

(a) the person has applied to open a childcare account and the application has not yet been determined,

(b) the person has made a valid declaration of eligibility for an entitlement period which has not yet begun, or

(c) the person has made a declaration of eligibility for an entitlement period which, if valid, would result in the person holding an active childcare account for that period.

(6) Regulations may make further provision about declarations of eligibility, including, in particular—

(a) provision specifying, or enabling HMRC to specify, information which a person making a declaration of eligibility is required to provide to HMRC;

(b) provision specifying, or enabling HMRC to specify, the form and manner in which declarations of eligibility may be made;

(c) provision specifying the times when declarations of eligibility may be made;

(d) provision about the consequences of making a declaration of eligibility—

(i) after the beginning of the entitlement period for which it is made, or

(ii) at such other time as may be specified;

(e) provision for any consequences specified by virtue of paragraph (d) not to apply in specified circumstances or if specified conditions are met;

(f) provision specifying circumstances in which a person, or a person of a specified description, may make a declaration of eligibility on another person's behalf, including provision enabling HMRC to appoint a person for that purpose;

(g) provision treating things done, or omitted to be done, by a person who makes a declaration of eligibility on another person's behalf as having been done, or omitted, by that other person.

(7) In subsection (6) “specified” means specified in the regulations.

Commencement Information

I1 S. 4 partly in force at Royal Assent; s. 4 in force for specified purposes at Royal Assent, see s. 75(1)(c)

I2 S. 4 in force at 14.11.2016 for the purposes of the trial by S.I. 2016/1083, reg. 2(b)

I3 S. 4 in force at 21.4.2017 for specified purposes by S.I. 2017/578, reg. 2

I4 S. 4 in force at 16.5.2017 so far as not already in force in respect of those recruited to participate in the trial by S.I. 2017/578, reg. 4

I5 S. 4 in force at 14.7.2017 for specified purposes by S.I. 2017/750, reg. 2(1)(2)(b)

I6 S. 4 in force at 24.11.2017 for specified purposes by S.I. 2017/1116, reg. 2

I7 S. 4 in force at 15.1.2018 for specified purposes by S.I. 2018/27, reg. 2(1)(3)(4)

I8 S. 4 in force at 14.2.2018 in so far as not already in force by S.I. 2018/27, reg. 2(2)(3)