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37.—(1) “Relevant childcare” means any of the care described in paragraphs (2) and (3) and other than care excluded by paragraph (4) or (5).
(2) Care provided in Northern Ireland for a child—
(a)by a person registered under Part XI of the Children (Northern Ireland) Order 1995,
(b)out of school hours by a school as part of the school activities, or
(c)by a childcare provider approved in accordance with a scheme under the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006 M1.
[F1(d)by a home based childcare provider approved by a Health and Social Care Trust in Northern Ireland in line with Department of Health for Northern Ireland Approved Home Childcare guidance.]
[F2(3) Care provided for a child outside Northern Ireland—
(a)by a childcare provider approved by an organisation accredited by the Secretary of State; or
(b)in any other case, by a childcare provider approved or accredited under the legislation of the relevant state, where evidence of such approval or accreditation is provided to the Department by the claimant.]
(4) The following are not relevant childcare—
(a)care provided for a child by a close relative of the child, wholly or mainly in the child's home, and
(b)care provided by a person who is a foster parent of the child.
(5) Care is not within paragraph (2)(a) if it is provided in breach of a requirement to register under Part 2 of the Children (Northern Ireland) Order 1995.
(6) In this regulation—
“child” includes a qualifying young person specified in regulation 34(1)(b)(ii) (the childcare costs condition);
“school” means a school as defined by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 M2.
Textual Amendments
F1Reg. 37(2)(d) added (13.7.2020) by The Universal Credit (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/107), regs. 1(2), 2(1)(a)
F2Reg. 37(3) substituted (13.7.2020) by The Universal Credit (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/107), regs. 1(2), 2(1)(b)
Marginal Citations
M1S.R. 2006 No. 64
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