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

Conditions relating to parent E+W

14.—(1) This regulation relates to section 1(2)(d) of the Act(1).

(2) A parent of a young child must be a parent mentioned in paragraph (3) or (4).

(3) A parent who—

(a) meets the qualifying paid work requirement in regulation 16 or 17,

(b) seeks the childcare, which is available free of charge by virtue of the Act, to enable the parent, or the parent’s partner (if any), to work,

(c) does not for the relevant tax year—

(i) expect their adjusted net income to exceed £100,000,

(ii) make a claim under section 809B of the Income Tax Act 2007 (which relates to certain residents not domiciled in the United Kingdom), or

(iii) expect section 809E of Income Tax Act 2007 to apply (which relates to certain residents not domiciled in the United Kingdom), and

(d) if a foster parent of the young child, has confirmation from the responsible local authority that it is satisfied that engaging in paid work other than as a foster parent is consistent with the child’s care plan (see regulation 5).

(4) A parent who—

(a) has a partner [F1 mentioned in regulation 15(3),] and

(b) is any of the following—

(i) a person with limited capability for work;

(ii) a person with limited capability for work and work-related activity;

(iii) a person entitled to a specified benefit;

(iv) a resident of an EEA State or Switzerland who is, under the law of the EEA State or Switzerland, entitled to a benefit of a kind that is substantially similar to a specified benefit.

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 14(4)(a) substituted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 14(a)

F2 Reg. 14(5) omitted (30.3.2023) by virtue of The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 14(b)

Commencement Information

I1 Reg. 14 in force at 1.12.2022, see reg. 1(b)

(1)

Section 1(2)(d) of the Childcare Act 2016 defines a qualifying child of working parents as a young child in respect of whom any conditions relating to a parent of the child, which are specified in regulations made by the Secretary of State, are met.