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

Qualifying paid work requirement: employeeE+W

This section has no associated Explanatory Memorandum

16.—(1) A person who is an employee is in qualifying paid work if the person—

(a)holds a national insurance number (unless paragraph (2) applies), and

(b)meets the minimum income requirement in regulation 18 (unless paragraph (3) applies).

(2) Despite paragraph (1)(a), a person is not required to hold a national insurance number if the person is—

(a)a resident of an EEA State or Switzerland, and

(b)not an employee in the United Kingdom.

(3) Despite paragraph (1)(b), a person is not required to meet the minimum income requirement during any of the following—

[F1(a)any period the person is—

(i)a foster parent, F2...][F3or]

[F4(ii)on specified leave other than leave of the kind mentioned in sub-paragraph (b);]

[F5(b)in the case of a person on specified leave that—

(i)is not specified leave of the kind mentioned in sub-paragraph (a)(vi), (a)(vii), (b)(iv) or (b)(vii) of the definition in paragraph (4), and

(ii)was started because of the birth or adoption of a child in respect of whom a declaration is being made,

the period of 31 days ending with the day before the day on which the person returns to work.]

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(3A) In the case of a person in an EEA State or Switzerland, the references in paragraph (3)(a) and (b) to a person on specified leave of a particular kind mean any period the person is, under the law of that EEA State or Switzerland, on leave of a kind substantially similar to that kind of specified leave.]

(4) In this regulation—

F8...

“employment rights enactment” means any of the following—

(a)

the Employment Rights Act 1996(1);

(b)

the Employment Rights (Northern Ireland) Order 1996(2);

“national insurance number” means a national insurance number allocated under any of the following—

(a)

the National Insurance Act 1965(3);

(b)

the National Insurance Act (Northern Ireland) 1966(4);

(c)

the Social Security Act 1975(5);

(d)

the Social Security (Northern Ireland) Act 1975(6);

[F9“the Social Security Contributions and Benefits Act” means either of the following—

(a)

the Social Security Contributions and Benefits Act 1992;

(b)

the Social Security Contributions and Benefits (Northern Ireland) Act 1992]

“specified leave” means, in relation to a person, any of the following—

(a)

a period the person is, under an employment rights enactment, absent from work during any of the following—

(i)

[F10ordinary or additional maternity leave;

(ii)

ordinary or additional adoption leave;

(iii)

shared parental leave;

(iv)

parental leave;

(v)

paternity leave;

(vi)

parental bereavement leave;]

(vii)

[F11carer’s leave;]

(b)

a period the person is, under [F12the Social Security Contributions and Benefits Act], receiving any of the following—

(i)

state maternity allowance;

(ii)

statutory adoption pay;

(iii)

statutory maternity pay;

(iv)

statutory parental bereavement pay;

(v)

statutory paternity pay;

(vi)

statutory shared parental pay;

(vii)

statutory sick pay.

Textual Amendments

Commencement Information

I1Reg. 16 in force at 1.12.2022, see reg. 1(b)