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

1. Introductory Text

2. PART 1 Preliminary provisions

   1. 1. Citation and commencement

   2. 2. Extent and application

   3. 3. Consequential amendments and revocations

3. PART 2 Interpretation

   1. 4. Definitions

   2. 5. Meaning of “care plan”

   3. 6. Meaning of “childcare provider”

   4. 7. Meaning of “employee”

   5. 8. Meaning of “foster parent”

   6. 9. Meaning of “looked after by a local authority”

   7. 10. Meaning of “partner”

   8. 11. Meaning of “person in the United Kingdom”

   9. 12. When periods begin and end

4. PART 3 Determinations as to qualifying children of working parents

   1. Description of young child

      1. 13. Description of young child

   2. Conditions relating to parent and partner of parent

      1. 14. Conditions relating to parent

      2. 15. Conditions relating to partner of parent

      3. 16. Qualifying paid work requirement: employee

      4. 17. Qualifying paid work requirement: self-employed person

      5. 18. Minimum income requirement

   3. Declaration

      1. 19. How to make a declaration

      2. 20. When a declaration may be made

      3. 21. Form and manner of declaration

   4. Determination

      1. 22. Determination of qualifying child of working parents: Commissioners

      2. 23. Power to decline to make a determination

      3. 24. Determination of qualifying child of working parents: responsible local authority

   5. Effect of declaration

      1. 25. Period for which declaration has effect

      2. 26. When a parallel declaration ceases to have effect

   6. Eligibility for childcare

      1. 27. Period of eligibility for childcare

   7. Disclosure of information

      1. 28. Information relating to immigration and social security

      2. 29. Information relating to qualifying child of working parents

5. PART 4 Offences and penalties

   1. Offences

      1. 30. Offence relating to onward disclosure of personal information

   2. Penalties

      1. 31. Penalty for dishonest conduct

      2. 32. Penalty for false or misleading information

      3. 33. Penalty for material inaccuracy in declaration

      4. 34. Assessment of penalty

      5. 35. Enforcement of penalty

6. PART 5 Reviews and appeals

   1. Reviews

      1. 36. Right to apply for review

      2. 37. Extension of right to apply for review

      3. 38. Review procedure

   2. Appeals

      1. 39. Right to appeal following review

      2. 40. Appeal against decision to decline to make a determination

      3. 41. Appeal against determination as to qualifying child of working parents

      4. 42. Appeal against imposition of penalty or amount

      5. 43. Power to settle appeals by agreement

7. PART 6 Duties of English local authorities

   1. Childcare for qualifying children of working parents

      1. 44. Duty to secure childcare available free of charge

   2. Arrangements for provision of childcare

      1. 45. Duty to make arrangements with childcare provider chosen by parent

      2. 46. Arrangements to provide for termination

      3. 47. Requirements permissible in arrangements

      4. 48. Requirements prohibited in arrangements

   3. Guidance in discharging of functions

      1. 49. Duty of English local authority to have regard to guidance

8. Signature

9. 1. SCHEDULE

      Consequential amendments and revocations

      1. Consequential amendments

         1. 1. Amendment of the Childcare Act 2006 (Provision of Information to Parents) (England) Regulations 2007

         2. 2. Amendment of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010

         3. 3. Amendment of the Childcare Payments Regulations 2015

         4. 4. Amendment of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

         5. 5. Amendment of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018

         6. 6. Amendment of the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020

         7. 7. Amendment of the Tax Credits, Childcare Payments and Childcare (Extended Entitlement) (Coronavirus and Miscellaneous Amendments) Regulations 2020

         8. 8. Amendment of the Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022

      2. Revocations

         1. 9. Revocations

10. Explanatory Note