Conditions relating to partner of parentE+W
15.—(1) This regulation relates to section 1(2)(d) of the Act(1).
[F1(2) If a parent of a young child has a partner, the partner must be a person mentioned in paragraph (3) or (4).]
[F2(3) 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 (claim for remittance basis to apply), or
(iii)expect section 809E of Income Tax Act 2007 to apply (application of remittance basis without claim: other cases), and
(c)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.
(4) A person who is the partner of a parent mentioned in regulation 14(3) and who—
(a)has limited capability for work;
(b)has limited capability for work and work-related activity;
(c)is entitled to a specified benefit; or
(d)is a resident of an EEA State or Switzerland who is, under the law of the EEA State or Switzerland, entitled to a benefit of a kind that is substantially similar to a specified benefit.]
Textual Amendments
F1Reg. 15(2) substituted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 15(1)(a)
F2Reg. 15(3)(4) inserted (30.3.2023) by The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023 (S.I. 2023/276), regs. 1(2), 15(1)(b)
Commencement Information
I1Reg. 15 in force at 1.12.2022, see reg. 1(b)
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.