PART 1Preliminary

Citation and commencement1

1

These Regulations may be cited as the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016.

2

Parts 1, 2, 3 and 5 of these Regulations come into force 21 days after the day on which these Regulations are made.

3

Part 4 of these Regulations comes into force on 1st September 2017.

Interpretation2

1

In these Regulations—

  • “the Act” means the Childcare Act 2016;

  • “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

  • “declaration” means a declaration under section 1(2)(e) of the Act;

  • “early years childminder” has the meaning given by section 96(4)2 of the Childcare Act 20063;

  • “early years childminder agency” has the meaning given by section 98(1)4 of the Childcare Act 2006;

  • “early years provider” has the meaning given by section 96(3) of the Childcare Act 2006;

  • “early years provision” has the meaning given by section 96(2) of the Childcare Act 2006;

  • “early years provision inspection report” means a report under one of the following—

    1. a

      section 162A of the Education Act 20025 as it had effect prior to the coming into force of section 169 of, and Schedule 2 to, the Education and Skills Act 20086 (whether by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills or by a body approved by the Secretary of State for the purposes of section 162A of the Education Act 2002);

    2. b

      section 5 of the Education Act 20057;

    3. c

      section 50 of the Childcare Act 20068; or

    4. d

      section 109 of the Education and Skills Act 2008;

  • “minimum weekly income” means—

    1. a

      for a person—

      1. i

        not yet aged 25 years; or

      2. ii

        to whom the apprenticeship rate applies, as determined in accordance with regulation 5 of the National Minimum Wage Regulations 20159,

      the amount a person would be paid for 16 hours of work a week at the hourly rate for a person in that person’s circumstances as set out in regulation 4A of the National Minimum Wage Regulations 2015;

    2. b

      for a person aged 25 years or older, the amount a person would be paid for 16 hours of work a week at the hourly rate set out in regulation 4 of the National Minimum Wage Regulations 2015;

  • “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;

  • “the Tribunal” means the First-tier Tribunal.

2

A person’s age for the purposes of establishing that person’s “minimum weekly income”—

a

except in the circumstances in sub-paragraph (b), is that person’s age when that person, or that person’s partner, makes the declaration;

b

under regulation 5 where that person is in paid work as a self-employed person and relies on regulation 5(1)(b)(ii) to meet the requirement of being in qualifying paid work, is that person’s age at the start of the tax year in which the declaration made by that person or that person’s partner falls.