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)[F6in 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,

[F7the applicable period].]

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(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—

F10...

[F11“applicable period” means, in relation to a person (“P”) who returns to work from specified leave on a date in the period specified in the first column of the table, the period beginning with the date specified in the corresponding second column of the table and ending with the day before the day on which P returns to work.

P returns to work from specified leave on a date in the period—Applicable period begins with—

(i)beginning with 1st February and ending with the next 30th April

1st January immediately preceding the start of the period specified in the first column

(ii)beginning with 1st May and ending with the next 30th September

1st April immediately preceding the start of the period specified in the first column

(iii)beginning with 1st October and ending with the next 31st January

1st September immediately preceding the start of the period specified in the first column;]

“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);

[F12“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)

[F13ordinary 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)

[F14carer’s leave;]

(b)

a period the person is, under [F15the 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)