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

Declaration E+W

How to make a declaration E+W

19.—(1) This regulation relates to section 1(2)(e) of the Act(1).

(2) A person who makes a declaration in respect of a young child must be—

(a) the parent, or the partner of the parent, with whom the child normally lives, and

(b) a person in the United Kingdom.

(3) The declaration must be made—

(a) to the relevant authority,

(b) in either of the periods mentioned in regulation 20, and

(c) in the form and manner specified under regulation 21 (if any).

(4) In this regulation—

“person in the United Kingdom” has the meaning given in regulation 11;

“relevant authority” means—

(a)

in the case of a declaration in respect of a child who is placed with a foster parent, the responsible local authority, or

(b)

in the case of any other declaration, the Commissioners.

Commencement Information

I1 Reg. 19 in force at 1.12.2022, see reg. 1(b)

When a declaration may be made E+W

20.  A declaration in respect of a young child may be made—

[F1 (a) in the period of 16 weeks ending before the day on which the child will meet the description in regulation 13 (if known), except during the time—

(i) beginning on 1st January 2024 and ending before the day on which the child will meet the description in regulation 13 (if known), where that day occurs on or before 31st March 2024, and

(ii) beginning on 1st June 2024 and ending before the day on which the child will meet the description in regulation 13 (if known), where that day occurs on or before 31st August 2024,

where the period referred to in this sub-paragraph is 13 weeks; or]

(b) in the period—

(i) beginning with the day on which the child meets the description in regulation 13, and

(ii) ending before the day on which the child ceases to satisfy the requirements of section 1(2)(a) or (b) of the Act(2).

Textual Amendments

F1 Reg. 20(a) substituted (1.1.2024) by The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330), regs. 1(2), 2(7)

Commencement Information

I2 Reg. 20 in force at 1.12.2022, see reg. 1(b)

Form and manner of declaration E+W

21.—(1) The Commissioners or the responsible local authority (as the case may be) may specify the form of a declaration and the manner in which it is to be made.

(2) The specification may (amongst other things)—

(a) require a declaration to include information to—

(i) identify the person making the declaration (and any partner of that person),

(ii) identify the young child in respect of whom the declaration is being made, and

(iii) determine whether the young child is a qualifying child of working parents;

(b) require a declaration to be made by electronic communications;

(c) if a declaration relates to a self-employed person, require a declaration to be accompanied by confirmation, orally or in writing, that the self-employed person has complied with any notice given under section 8(1) of the Taxes Management Act 1970 (which relates to personal returns).

Commencement Information

I3 Reg. 21 in force at 1.12.2022, see reg. 1(b)

(1)

Section 1(2)(e) of the Childcare Act 2016 defines a qualifying child of working parents as a young child in respect of whom a declaration has been made, in accordance with regulations made by the Secretary of State, to the effect that the requirements of section 1(2)(a) to (d) of that Act are satisfied.

(2)

Section 1(2)(a) and (b) of the Childcare Act 2016 define a qualifying child of working parents as a young child who is under compulsory school age and in England, respectively.