The Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023

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

2.—(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2022(1) are amended as follows.

(2) In regulation 4(1) (definitions), for the definition of “responsible local authority”, substitute—

““responsible local authority” means—

(a)

in relation to a child who meets the description in regulation 9(1)(a), the local authority who looks after the child, or

(b)

in relation to a child who meets the description in regulation 9(1)(b), (c) or (d), the English local authority for the area in which the child may be a qualifying child of working parents;”.

(3) In regulation 11(1)(a) (meaning of “person in the United Kingdom”)—

(a) in paragraph (i), omit “and”;

(b) in paragraph (ii), for the “;” at the end, substitute “, and”;

(c) after paragraph (ii), insert—

“(iii) not a person subject to immigration control;”.

(4) In regulation 12 (when periods begin and end), in the first column of the table, after “beginning” insert “or ending”.

(5) In regulation 13(2)(a) (description of young child), for “three”, substitute—

(a) “two” during the period beginning with 1st April 2024 and ending with 31st August 2024, and

(b) “nine months” from 1st September 2024.

(6) In regulation 16(2) (qualifying paid work requirement: employee)—

(a) in paragraph (3)—

(i) in sub-paragraph (a)—

(aa) at the end of paragraph (i), omit “or”;

(bb) for paragraph (ii), substitute—

“(ii) absent from work during a period of parental bereavement leave under an employment rights enactment,

(iii) in receipt of statutory parental bereavement pay under the Social Security Contributions and Benefits Act, or

(iv) in receipt of statutory sick pay under the Social Security Contributions and Benefits Act;”;

(ii) for sub-paragraph (b), substitute—

“(b) in the case of a person on specified leave relating to a young child in respect of whom a declaration is being made, other than where sub-paragraph (a)(ii), (iii) or (iv) applies, the period of 31 days ending before the day on which the person returns to work;”;

(b) in paragraph (4), omit the definition of “adoption leave”.

(7) In regulation 20 (when a declaration may be made), for sub-paragraph (a), substitute—

“(a) in the period of 16 weeks ending before the day on which the child will meet the description in regulation 13 (if known), except during the time—

(i) beginning on 1st January 2024 and ending before the day on which the child will meet the description in regulation 13 (if known), where that day occurs on or before 31st March 2024, and

(ii) beginning on 1st June 2024 and ending before the day on which the child will meet the description in regulation 13 (if known), where that day occurs on or before 31st August 2024,

where the period referred to in this sub-paragraph is 13 weeks; or”.

(8) In regulation 44 (duty to secure childcare available free of charge)—

(a) in paragraph (2)(b), for “570” substitute “1140”;

(b) after paragraph (2), insert—

“(3) In determining, for the purposes of paragraph (1), the amount of childcare that is available to a child, account is to be taken of any childcare available under the duty imposed by section 7(1) of the Childcare Act 2006(3) (duty of English local authorities to secure early years provision free of charge in accordance with regulations)—

(a) during the period beginning with 1st April 2024 and ending with 31st August 2025, in respect of a young child who meets the condition in regulation 3(2), but who does not also meet the condition in regulation 3(3), of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014(4) (prescribed description of a young child), and

(b) from 1st September 2025, in respect of a young child who meets the condition in regulation 3(2) or (3) of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014.”.

(1)

S.I. 2022/1134, amended by S.I. 2023/276.

(2)

Regulation 16 was amended by S.I. 2023/276.

(3)

2006 c. 21. Section 7 was substituted by section 1 of the Education Act 2011 (c. 21).

(4)

S.I. 2014/2147.