The Childcare Payments (Eligibility) Regulations 2015

Interpretation U.K.

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;

F1 ...

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

[F2 “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);]

[F2 “coronavirus support scheme” means—

(a)

any scheme in relation to which HMRC have functions by virtue of a direction made under section 76 of the Coronavirus Act 2020 (HMRC functions);

(b)

the scheme known as the Small Business Grant Fund established in response to coronavirus;

(c)

any scheme established in the tax year 2020-21 in response to coronavirus to support the fishing industry;

(d)

the scheme known as the Retail, Hospitality and Leisure Grant Fund established in response to coronavirus;

(e)

the scheme known as the Newly Self-Employed Hardship Fund established by the Scottish Ministers in the tax year 2020-2021 in response to coronavirus; and

(f)

any other support scheme established in the tax year 2020-21 or 2021-2022 in response to coronavirus; and]

[F3 “disability living allowance” means either—

(a)

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

(b)

[F4 disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018;]]

“employed”, except in the expression “self-employed”, [F5 means—

(a)

engaged] under a contract of service or in an office (including an elected office) or so engaged as a United Kingdom resident working overseas; [F6 or

(b)

an engagement in relation to which any of Chapters 7 to 10 of Part 2 of ITEPA 2003 applies (which relate to agency workers, workers under arrangements made by intermediaries and workers providing services through managed service companies);]

[F7 “minimum weekly income” means the amount a person would be paid for 16 hours of work a week at the hourly rate set out in regulations 4, 4A and 4B 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;

“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 M2 [F8 or Part 5 of the Welfare Reform (Northern Ireland) Order 2015];

[F9 “prescribed state” means any EEA state or Switzerland;]

“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 M3 , the Prisons (Scotland) Act 1989 M4 or the Prison Act (Northern Ireland) 1953 M5 ,

other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 M6 , in Scotland under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 M7 or the Criminal Procedure (Scotland) Act 1995 M8 or, in Northern Ireland, under articles 12 to 17 of the Mental Health (Northern Ireland) Order 1986 M9 ;

[F2 “Scottish Ministers” has the meaning given by section 44(2) of the Scotland Act 1998;]

“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.

Textual Amendments

F1 Words in reg. 2 omitted (22.7.2021) by virtue of The Childcare Payments (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/781), regs. 1, 2(2)(a)

F2 Words in reg. 2 inserted (14.1.2021) by The Tax Credits, Childcare Payments and Childcare (Extended Entitlement) (Coronavirus and Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1515), regs. 1(2), 4(2)

F3 Words in reg. 2 substituted (6.4.2020) by The Tax Credits, Child Benefit, Guardians Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 9(2)

F4 Words in reg. 2 substituted (1.12.2022) by The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(2)(a)

F5 Words in reg. 2 substituted (1.12.2022) by The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(2)(b)(i)

F6 Words in reg. 2 inserted (1.12.2022) by The Childcare Payments (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1148), regs. 1, 2(2)(b)(ii)

F7 Words in reg. 2 substituted (5.9.2016) by The Childcare Payments (Eligibility) (Amendment) Regulations 2016 (S.I. 2016/793), regs. 1, 3(a)

F8 Words in reg. 2 inserted (5.9.2016) by The Childcare Payments (Eligibility) (Amendment) Regulations 2016 (S.I. 2016/793), regs. 1, 3(b)

F9 Words in reg. 2 inserted (22.7.2021) by The Childcare Payments (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/781), regs. 1, 2(2)(b)

Marginal Citations

M1 S.I. 2011/517, amended by S.I. 2013/436.

M2 2012 c. 5.

M3 1952 c. 52.

M4 1989 c. 45.

M5 1953 c. 18.

M6 1983 c. 20.

M7 2003 asp 13.

M8 1995 c. 46.

M9 S.I. 1986/595 (N.I. 4).