The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

Childcare grant N.I.

46.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) [F1 , (3B)] and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a) a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996(1) and is under the age of 17 immediately before the beginning of the academic year.

(3) [F2 A does not qualify for a childcare grant if—

(a) A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002;

(b) A or A’s partner is entitled to an award of universal credit, the calculation of which includes and amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016; or

(c) A’s partner has elected to receive financial support for childcare under a healthcare bursary or Scottish healthcare allowance.]

[F3 (3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.]

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.

(5) Subject to [F4 paragraphs (6) and (8)] , the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £148.75 per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(2).

[F5 (8) Where A’s application for a childcare grant does not identify a childcare provider, the Department may limit—

(a) the amount of grant paid to A to the amount specified in paragraph (9), and

(b) payment of the grant to one quarter of the academic year,

until A has submitted details of the childcare provider to the Department.

(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.

(10) Subject to paragraphs (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) Subject to paragraph (12), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F1 Word in reg. 46(2) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 5(a)

F2 Reg. 46(3) substituted (with application in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 11

F3 Reg. 46(3A)(3B) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 5(b)

F4 Words in reg. 46(5) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 8

F5 Reg. 46(8)-(12) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 9

Commencement Information

I1 Reg. 46 in operation at 17.12.2009, see reg. 1(1)

(1)

S.I. 1996/274 (N.I. 1)

(2)

Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/681, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I. 2007/968, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/1879, S.I.2008/2169, S.I. 2009/679 and S.I. 2009/800) sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002