Part 4Employment income: exemptions
Chapter 11Miscellaneous exemptions
Childcare
F1318CChildcare: meaning of “qualifying child care”
(1)
For the purposes of section 318A “qualifying child care” means registered or approved care within any of subsections (2) to (6) below that is not excluded by subsection (7) below.
(2)
Care provided for a child in England is registered or approved care if it is provided—
F2(a)
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F3(b)
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F4(ba)
by a person registered under Part 3 of the Childcare Act 2006,
F5(c)
by or under the direction of the proprietor of a school on the school premises (subject to subsection (2B)), F6or
F7(d)
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F10(ea)
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F11(eb)
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(f)
by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002, and
F12(g)
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F13(2A)
In subsection (2)(c)—
“proprietor”, in relation to a school, means—
(a)
the governing body incorporated under section 19 of the Education Act 2002, or
(b)
if there is no such body, the person or body of persons responsible for the management of the school;
“school” means a school that Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”) is or may be required to inspect;
“school premises” means premises that may be inspected as part of an inspection of the school by the Chief Inspector.
(2B)
Care provided for a child in England is not registered or approved care under subsection (2)(c) if—
(a)
it is provided during school hours for a child who has reached compulsory school age, or
(b)
it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.
(3)
Care provided for a child in Wales is registered or approved care if it is provided—
(a)
by a person registered under F14Part 2 of the Children and Families (Wales) Measure 2010,
F15(b)
by a person in circumstances where, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010,
(c)
(d)
(e)
by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004,F19...
F20(f)
by a child care provider approved under the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.
F21(g)
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would be—
(i)
child minding, or day care, for the purposes of Part 2 of the Children and Families (Wales) Measure 2010, or
(ii)
qualifying child care for the purposes of the Tax Credits (Approval of Child Care Providers) (Wales) Scheme 2007.
(4)
Care provided for a child in Scotland is registered or approved care if it is provided—
(a)
by a person in circumstances where the care service provided by him—
(i)
consists of child minding or of day care of children F22as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010 , and
(b)
by a local authority in circumstances where the care service provided by the local authority—
(i)
consists of child minding or of day care of children F26as defined by paragraphs 12 and 13 respectively of schedule 12 to the Public Services Reform (Scotland) Act 2010 , and
F28(c)
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(5)
Care provided for a child in Northern Ireland is registered or approved care if it is provided—
(a)
by a person registered under Part XI of the Children (Northern Ireland) Order 1995, or
(b)
by an institution or establishment that does not need to be registered under that Part to provide the care because of an exemption under Article 121 of that Order, F29...
(c)
in the case of care provided for a child out of school hours F30..., by a school on school premises or by an education and library board or an HSS trust.
F31(d)
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F32(e)
by a home child care provider approved in accordance with the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006F33, or
(f)
by a foster parent in relation to a child (other than one whom the foster parent is fostering) in circumstances where, but for the fact that the child is too old, the care would be—
(i)
child minding, or day care, for the purposes of Part XI of the Children (Northern Ireland) Order 1995, or
(ii)
qualifying child care for the purposes of the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006.
(6)
Care provided for a child outside the United Kingdom is registered or approved child care if it is provided by a child care provider approved by an organisation accredited under the Tax Credit (New Category of Child Care Provider) Regulations 2002.
(7)
Child care is excluded from section 318A—
(a)
if it is provided by the partner of the employee in question, F34...
(b)
(c)
(i)
it is provided wholly or mainly in the home of a relative of the child, and
(ii)
the provider usually provides care there solely in respect of one or more children to whom the provider is a relativeF39, or
(8)
In subsection (7)—
“partner” means one of a F42couple (within the meaning given by section 137(1) of SSCBA 1992 or section 133(1) of SSCB(NI)A 1992); and
“relative” means parent, grandparent, aunt, uncle, brother or sister, whether by blood, half blood or marriage F43or civil partnership.
F44(9)
In subsection (7)(c), “relative in relation to a child, also includes—
(a)
a local authority foster parent in relation to the child,
(b)
a foster parent with whom the child has been placed by a voluntary organisation,
(c)
a person who fosters the child privately (within the meaning of section 66 of the Children Act 1989, or
(d)
a step-parent of the child..
F45(10)
In this section “foster parent” in relation to a child—
(a)
in relation to England, means a person with whom the child is placed under the Fostering Services Regulations 2002;
(b)
in relation to Wales, means a person with whom the child is placed under the Fostering Services (Wales) Regulations 2003; and
(c)
in relation to Northern Ireland, means a person with whom the child is placed under the Foster Placement (Children) Regulations (Northern Ireland) 1996.
F46(11)
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