The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 No. 1134

PART 3 Determinations as to qualifying children of working parents

Determination

Determination of qualifying child of working parents: Commissioners

22.—(1) This regulation applies if—

(a) a person makes a declaration to the Commissioners in respect of a young child, and

(b) the Commissioners have not declined to make a determination in respect of the declaration (see regulation 23).

(2) The Commissioners must—

(a) make a determination as to whether the child is a qualifying child of working parents,

(b) notify the person of the determination, and

(c) include in that notification a statement to the effect that the person has—

(i) a right to apply to the Commissioners for a review of the determination (see regulation 36), and

(ii) a right to appeal to the First-tier Tribunal against the determination, but only after the Commissioners have considered an application for a review (see regulation 40).

Power to decline to make a determination

23.—(1) This regulation applies if—

(a) two or more persons each make a declaration to the Commissioners in respect of the same young child, and

(b) it appears to the Commissioners that two or more of those persons may meet the requirements in regulation 19(2) (which provides for who can make a declaration).

(2) The Commissioners may, in respect of one or more of the declarations, decline to make a determination as to whether the child is a qualifying child of working parents.

(3) If the Commissioners decline to make a determination, they must—

(a) notify the person who made the declaration, and

(b) include in the notification a statement to the effect that the person has—

(i) a right to apply to the Commissioners for a review of the decision (see regulation 36), and

(ii) a right to appeal to the First-tier Tribunal against the decision, but only after the Commissioners have considered an application for a review (see regulation 40).

Determination of qualifying child of working parents: responsible local authority

24.—(1) This regulation applies if a person makes a declaration to the responsible local authority in respect of a young child placed with a foster parent.

(2) The responsible local authority (on behalf of the Commissioners) must—

(a) make a determination as to whether the child is a qualifying child of working parents, and

(b) notify the person of the determination.