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

Reviews E+W

Right to apply for review E+W

36.—(1) This regulation applies if the Commissioners notify a person of any of the following—

(a) a decision to decline to make a determination as to whether a child is a qualifying child of working parents (see regulation 23);

(b) a determination as to whether a child is a qualifying child of working parents (see regulation 22);

(c) the assessment of a penalty (see regulation 34).

(2) The person may apply to the Commissioners for a review of (as the case may be)—

(a) the decision,

(b) the determination, or

(c) the penalty or its amount.

(3) The application must—

(a) be made—

(i) within 30 days of the day on which the notification is made, or

(ii) if the person is granted an extension of their right to apply for a review, on or before the date notified under regulation 37(5)(a)(ii),

(b) be in the form and manner specified under paragraph (4) (if any), and

(c) include the person’s reasons for the application.

(4) The Commissioners may specify—

(a) the form of an application, and

(b) the manner in which it is to be made (which may require electronic communications).

Commencement Information

I1 Reg. 36 in force at 1.12.2022, see reg. 1(b)

Extension of right to apply for review E+W

37.—(1) This regulation applies if the Commissioners notify a person of a matter mentioned in regulation 36(1).

(2) The person may apply to the Commissioners for an extension of their right to apply for a review.

(3) The application must—

(a) be made within seven months of the day on which the notification is made,

(b) be in the form and manner specified under paragraph (6) (if any), and

(c) include the applicant’s reasons why it is, or was, not practicable for the person to apply for the review within 30 days of the day on which the notification is made.

(4) The Commissioners may—

(a) grant the application if they are satisfied—

(i) it is (or was) not practicable due to special circumstances for the person to apply for the review within 30 days of the day on which the notification is made, and

(ii) the granting of the application is reasonable in all the circumstances of the case, or

(b) decline the application.

(5) If the Commissioners—

(a) grant the application, they must—

(i) specify a date on or before which the applicant must apply for the review, and

(ii) notify the applicant of that date;

(b) decline the application—

(i) they must notify the applicant, and

(ii) the applicant must not make any further application in respect of the matter.

(6) The Commissioners may specify—

(a) the form of the application, and

(b) the manner in which the application is made.

Commencement Information

I2 Reg. 37 in force at 1.12.2022, see reg. 1(b)

Review procedure E+W

38.—(1) This regulation applies if a person (“ the applicant”) makes an application for a review.

(2) The Commissioners must—

(a) review (as the case may be)—

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

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

(iii) the imposition of the penalty or its amount, and

(b) complete the review—

(i) if no request under paragraph (3) is made, within 30 days of the day on which the application is made,

(ii) if a request under paragraph (3) is made, within 44 days of the day on which the application is made, or

(iii) within any other period agreed between the Commissioners and the applicant.

(3) The Commissioners may ask the applicant to provide further information or evidence in support of their application.

(4) If the Commissioners ask for further information or evidence, the Commissioners—

(a) must consider any information or evidence the applicant provides to the Commissioners within 14 days of the day on which the request is made, and

(b) may disregard any information or evidence provided after that period.

(5) Following the review, the Commissioners must—

(a) confirm, revise or set aside (as the case may be)—

(i) the decision,

(ii) the determination, or

(iii) the penalty or its amount, and

(b) notify the applicant of the result of the review.

(6) If the Commissioners revise a determination to determine that a child is a qualifying child of working parents, the date of the determination is the date on which the determination is revised.

Commencement Information

I3 Reg. 38 in force at 1.12.2022, see reg. 1(b)