The Childcare Payments (Miscellaneous Amendment) Regulations 2021

Amendment of the Childcare Payments Regulations 2015

3.—(1) The Childcare Payments Regulations 2015(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “another EEA state”,

(b) after the definition of “personal independence payment” insert—

““prescribed state” means any EEA state or Switzerland;”.

(3) In regulation 3 (qualifying childcare: registered or approved childcare) at paragraph (6)(b) substitute “a prescribed” for “an EEA”.

(4) In regulation 6 (declarations of eligibility) at paragraph (6)—

(a) substitute “a prescribed” for “another EEA”,

(b) substitute “prescribed” for “other EEA”.

(5) In regulation 7 (late declarations of eligibility) at paragraph (4) substitute “a prescribed” for “another EEA”.

(6) In regulation 14 (variation of relevant maximum: delay in payment of allowances) at paragraph (4) substitute “a prescribed” for “another EEA”.

(7) Regulation 17 (compensatory payments) is amended as follows.

(a) after paragraph (2)(b) omit “or”,

(b) at the end of paragraph (2)(c) omit “.” and insert—

“; or

(d) a person has applied for leave to enter or remain under the EU Settlement Scheme(2), and the application has not been determined or there is an outstanding appeal.”,

(c) in paragraph (8) substitute “a prescribed” for “another EEA”, and

(d) after paragraph (8) insert—

“(9) In this regulation—

“EU Settlement Scheme” means—

(i)

the residence scheme immigration rules in Appendix EU to the immigration rules except those rules or changes to that appendix which are identified in the immigration rules as not having effect in the residence scheme that operates in connection with the withdrawal of the United Kingdom from the EU; and

(ii)

any other rules which are identified in the immigration rules as having effect in connection with the withdrawal of the United Kingdom from the EU.”

(8) In regulation 21 (disqualification orders: meaning of “relevant benefit”) at sub-paragraph (b) substitute “a prescribed” for “another EEA”.

(1)

S.I. 2015/522. Regulation 3(6) was amended by S.I. 2019/364; Regulations 6(6) and (7) were added/amended by S.I. 2016/796.

(2)

Appendix EU to the immigration rules, laid before Parliament on 20th July 2018 (CM 9675).