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

Meaning of “person in the United Kingdom” E+W

11.—(1) A “person in the United Kingdom” is any of the following—

(a) a person who is—

(i) ordinarily resident in the United Kingdom, F1 ...

(ii) not a person taxed as if they were not so resident by virtue of double taxation arrangements [F2 , and]

[F3 (iii) not a person subject to immigration control;]

(b) a person who is—

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

(ii) in paid work in the United Kingdom, and

(iii) not a person subject to immigration control;

(c) a person who has been granted—

(i) refugee permission to stay or temporary refugee permission to stay under rule 339QA of the Immigration Rules, or

(ii) temporary humanitarian permission to stay under rule 339QB of the Immigration Rules;

(d) a person who has been granted, or deemed to have been granted, outside the Immigration Rules—

(i) discretionary leave to remain(1), or

(ii) leave to remain under the destitution domestic violence concession(2);

(e) a person who—

(i) has been deported, expelled or otherwise removed by compulsion of law from another country to the United Kingdom, and

(ii) is not a person subject to immigration control.

(2) In this regulation—

“a person subject to immigration control” has the meaning given in section 115(9) of the Immigration and Asylum Act 1999(3);

“double taxation arrangements” means arrangements that have effect under section 2(1) of the Taxation (International and Other Provisions) Act 2010(4);

“the Immigration Rules” means the rules laid before Parliament under section 3(2) of the Immigration Act 1971(5);

“paid work” means work done for payment or in expectation of payment and does not include being engaged by a charitable or voluntary organisation, or as a volunteer, in circumstances in which the payment received by or due to be paid to the person is in respect of expenses.

Textual Amendments

F1 Word in reg. 11(1)(a)(i) omitted (1.1.2024) by virtue of The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330), regs. 1(2), 2(3)(a)

F2 Word in reg. 11(1)(a)(ii) substituted (1.1.2024) by The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330), regs. 1(2), 2(3)(b)

F3 Reg. 11(1)(a)(iii) inserted (1.1.2024) by The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330), regs. 1(2), 2(3)(c)

Commencement Information

I1 Reg. 11 in force at 1.12.2022, see reg. 1(b)

(1)

The discretionary leave (DL) policy is administered by the Home Office. Guidance is available online at www.gov.uk/government/publications/granting-discretionary-leave.

(2)

The destitute domestic violence (DDV) concession is administered by the Home Office. Guidance is available online at www.gov.uk/government/publications/victims-of-domestic-violence.

(3)

1999 c. 33. Section 115(9) was amended by S.I. 2020/1309.

(4)

2010 c. 8. Section 2 was amended by section 32(1) of the Finance Act 2018 (c. 3).

(5)

1971 c. 77. The Immigration Rules are published online at www.gov.uk/guidance/immigration-rules.