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

DefinitionsE+W

This section has no associated Explanatory Memorandum

4.—(1) In these Regulations—

“the Act” means the Childcare Act 2016;

“adjusted net income” has the meaning given in section 58 of the Income Tax Act 2007(1);

“care plan” has the meaning given in regulation 5;

“childcare provider” has the meaning given in regulation 6;

[F1“childminder” means an early years childminder within the meaning given in section 96(4) of the Childcare Act 2006 but as if the definition in that subsection was not subject to subsection (5) of that section;]

“the Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;

“declaration” means a declaration under section 1(2)(e) of the Act;

“early years childminder agency” has the meaning given in section 98(1) of the Childcare Act 2006(2);

“employee” has the meaning given in regulation 7;

“the First-tier Tribunal” means the tribunal established under section 3(1) of the Tribunal, Courts and Enforcement Act 2007(3);

“foster parent” has the meaning given in regulation 8;

“inspection report” means—

(a)

in relation to an early years childminder agency, a report under section 51E of the Childcare Act 2006(4);

(b)

in relation to a childcare provider, a report under any of the following—

(i)

section 5 of the Education Act 2005(5);

(ii)

section 50 of the Childcare Act 2006(6);

(iii)

section 109 of the Education and Skills Act 2008(7);

[F2“limited capability for work” means limited capability for work under—

(a)

regulation 39 of the Universal Credit Regulations 2013, or

(b)

regulation 40 of the Universal Credit Regulations (Northern Ireland) 2016;]

[F2“limited capability for work and work-related activity” means limited capability for work and work-related activity under—

(a)

regulation 40 of the Universal Credit Regulations 2013, or

(b)

regulation 41 of the Universal Credit Regulations (Northern Ireland) 2016;]

“looked after by a local authority” has the meaning given in regulation 9;

“partner” has the meaning given in regulation 10;

“relevant tax year” means, in relation to a declaration, the tax year in which the declaration is made;

[F3“responsible local authority” means—

(a)

in relation to a child who meets the description in regulation 9(1)(a), the local authority who looks after the child, or

(b)

in relation to a child who meets the description in regulation 9(1)(b), (c) or (d), the English local authority for the area in which the child may be a qualifying child of working parents;]

“review” means a review under regulation 36;

F4...

[F5“specified benefit” has the meaning given in regulation 11A;]

“tax year” has the meaning given in section 4(2) of the Income Tax Act 2007.

(2) The following table—

(a)sets out the expressions of the Act used in these Regulations, and

(b)shows where in that Act each of those expressions is defined.

Expression used in these RegulationsLocation of definition in the Act
“childcare”sections 1(9) and 2(8)
“English local authority”section 2(8)
“parent”section 1(9)
“qualifying child of working parents”section 1(2)
“young child”section 1(9)

Textual Amendments

Commencement Information

I1Reg. 4 in force at 1.12.2022, see reg. 1(b)

(1)

2007 c. 3. Section 58 was amended by paragraph 9 of Schedule 3 to the Finance Act 2011 (c. 11) and S.I. 2018/459.

(2)

The definition of “early years childminder agency” was inserted by paragraph 62(2)(b) of Schedule 4 to the Children and Families Act 2014 (c. 6).

(4)

Section 51E was inserted by paragraph 13 of Schedule 4 to the Children and Families Act 2014 (c. 6).

(5)

2005 c. 18. Section 5 was amended by paragraph 23 of Schedule 7 to the Education and Inspections Act 2006 (c. 40), paragraph 17 of Schedule 2 to the Academies Act 2010 (c. 32) and sections 40(2) and 41(1) of, and paragraph 15(2) of Schedule 13 to, the Education Act 2011 (c. 21).

(6)

Section 50(4) was repealed by paragraph 111 of Schedule 14, and Part 5 of Schedule 18, to the Education and Inspections Act 2006 (c. 40).