The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

Conditions relating to partner of parent

15.—(1) This regulation relates to section 1(2)(d) of the Act(1).

(2) If a parent of a young child has a partner, the partner must be a person who—

(a) meets the qualifying paid work requirement in regulation 16 or 17,

(b) does not for the relevant tax year—

(i) expect their adjusted net income to exceed £100,000,

(ii) make a claim under section 809B of the Income Tax Act 2007 (which relates to certain residents not domiciled in the United Kingdom), or

(iii) expect section 809E of Income Tax Act 2007 to apply (which relates to certain residents not domiciled in the United Kingdom),

(c) in the last year has not been, and does not expect in the next year to be, living away from the parent for more than six months, and

(d) if a foster parent of the young child, has confirmation from the responsible local authority that it is satisfied that engaging in any paid work other than as a foster parent is consistent with the child’s care plan (see regulation 5).

(1)

Section 1(2)(d) of the Childcare Act 2016 defines a qualifying child of working parents as a young child in respect of whom any conditions relating to a partner of a parent of the child, which are specified in regulations made by the Secretary of State, are met.