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

Qualifying paid work requirement: self-employed person

17.—(1) A person who is a self-employed person 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 in self-employment 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—

(a) any period the person would, if the person were an employee, not be required to meet the minimum income requirement (see regulation 16(3));

(b) if the person is in a start-up period, the period of 12 months beginning with the day on which the declaration relating to the person is made.

(4) In this regulation, “start-up period” means the period of 12 months—

(a) beginning with the day on which the person commences self-employment, but

(b) only if the person did not commence self-employment in any trade, profession or vocation in the period of five years ending before that day.