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The Childcare Payments (Eligibility) Regulations 2015

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Version Superseded: 05/09/2016

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InterpretationU.K.

This section has no associated Explanatory Memorandum

2.  In these Regulations—

the Act” means the Childcare Payments Act 2014, and a reference without more to a numbered section is a reference to the section of the Act bearing that number;

another EEA state” means any EEA state apart from the United Kingdom;

armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 M1;

disability living allowance” means disability living allowance under sections 71 to 76 of the Social Security Contributions and Benefits Act 1992 M2 or sections 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M3;

“employed”, except in the expression “self-employed”, means engaged under a contract of service or in an office (including an elected office) or so engaged as a United Kingdom resident working overseas;

minimum weekly income” means the amount a person would be paid for 8 hours of work a week at the hourly rate set out in regulation 11 or 13 of the National Minimum Wage Regulations 1999 M4;

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;

partner” has the meaning given in regulation 3;

personal independence payment” means a personal independence payment under Part 4 of the Welfare Reform Act 2012 M5;

prisoner” means—

(a)

a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(b)

a person who is on temporary release in accordance with the provisions of the Prison Act 1952 M6, the Prisons (Scotland) Act 1989 M7 or the Prison Act (Northern Ireland) 1953 M8,

other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 M9, in Scotland under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 M10 or the Criminal Procedure (Scotland) Act 1995 M11 or, in Northern Ireland, under articles 12 to 17 of the Mental Health (Northern Ireland) Order 1986 M12;

self-employed” means engaged in carrying on a trade, profession or vocation on a commercial basis and with a view to profit, either on one's own account or as a member of a business partnership;

week” means a period of seven days starting with midnight between Saturday and Sunday.

Marginal Citations

M21992 c. 4. Sections 71 to 76 were amended by section 67 of the Welfare Reform and Pensions Act 1999 (c. 5), sections 52 and 53 of, and paragraph 2 of Schedule 7 and paragraph 1 of Schedule 8 to, the Welfare Reform Act 2007 (c. 5), section 14 of the Welfare Reform Act 2009 (c. 24) and S.I. 2011/2426.

M31992 c. 7. Sections 71 to 76 were amended by sections 48, 49 and 54 of, and paragraph 1 of Schedule 8 to, the Welfare Reform Act (Northern Ireland) 2007 (c. 2), paragraph 39 of Schedule 1 to the Pensions Act (Northern Ireland) 2008 (c. 1), section 13 of the Welfare Reform Act (Northern Ireland) 2010 (c. 13) and S.R. 2011 No. 356.

M4S.I. 1999/584. Regulation 13 was substituted by S.I. 2010/1901 and amended by S.I. 2012/2397 and 2014/2832. The hourly rates in regulations 11 and 13 were last substituted by S.I. 2014/2485.

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