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

Review procedure

38.—(1) This regulation applies if a person (“ the applicant”) makes an application for a review.

(2) The Commissioners must—

(a) review (as the case may be)—

(i) the decision to decline to make a determination as to whether a child is a qualifying child of working parents,

(ii) the determination as to whether a child is a qualifying child of working parents, or

(iii) the imposition of the penalty or its amount, and

(b) complete the review—

(i) if no request under paragraph (3) is made, within 30 days of the day on which the application is made,

(ii) if a request under paragraph (3) is made, within 44 days of the day on which the application is made, or

(iii) within any other period agreed between the Commissioners and the applicant.

(3) The Commissioners may ask the applicant to provide further information or evidence in support of their application.

(4) If the Commissioners ask for further information or evidence, the Commissioners—

(a) must consider any information or evidence the applicant provides to the Commissioners within 14 days of the day on which the request is made, and

(b) may disregard any information or evidence provided after that period.

(5) Following the review, the Commissioners must—

(a) confirm, revise or set aside (as the case may be)—

(i) the decision,

(ii) the determination, or

(iii) the penalty or its amount, and

(b) notify the applicant of the result of the review.

(6) If the Commissioners revise a determination to determine that a child is a qualifying child of working parents, the date of the determination is the date on which the determination is revised.