This Statutory Instrument has been made in consequence of errors in S.I. 2014/2147 and S.I. 2022/1134 and is being issued free of charge to all known recipients of those Statutory Instruments.
2023 No. 276
The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2).
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 87D(2) and 104(4)(a) of the Children Act 19891, sections 12(2), 15(3), 16(3), 31(7) and 118(5) and (6) of the Care Standards Act 20002, sections 155(1) and (2) and 181(2)(a) and (b) of the Education and Inspections Act 20063, sections 7, 7A, 9A, 89(1) and 104(2) of the Childcare Act 20064 and sections 1(2)(d), (3) and (4)(a), (b) and (c) and 2(1), 2(2)(a) and (c) of the Childcare Act 20165.
PART 1Introductory
Citation, commencement, extent and application1
1
These Regulations may be cited as the Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023.
2
These Regulations come into force on 30th March 2023, subject as follows—
a
Part 2 comes into force on 1st September 2023; and
b
Part 4 comes into force on 1st April 2023.
3
These Regulations—
a
extend to England and Wales; and
b
apply in relation to England.
Interpretation2
In these Regulations, “the 2015 Fees and Frequency of Inspections Regulations” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 20156.
PART 2Amendment to the Childcare (Fees) Regulations 2008
Amendment to the Childcare (Fees) Regulations 20083
In regulation 10(7) of the Childcare (Fees) Regulations 20087, for “2023” substitute “2025”
.
PART 3Amendment to the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014
Amendment to the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 20144
In regulation 1 (citation, commencement and interpretation) of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 20148, in paragraph (2), in the definition of “early years childminder”, after “the 2006 Act” insert “but as if the definition in that subsection was not subject to subsection (5) of that section”
.
PART 4Amendments to the 2015 Fees and Frequency of Inspections Regulations
Amendments to the 2015 Fees and Frequency of Inspections Regulations5
The 2015 Fees and Frequency of Inspections Regulations are amended in accordance with the following provisions of this Part.
Amendment to regulation 26
In regulation 2 (interpretation), for the definition of “secure children’s home” substitute—
“secure children’s home” means—
Amendment to regulation 237
In regulation 23(1) (children’s homes)—
a
in sub-paragraph (b), for “26” substitute “20”
and for “26th” substitute “20th”
;
b
in sub-paragraph (c), for “26” substitute “20”
.
Amendment to regulation 278
In regulation 27 (frequency of inspections), for paragraph (3B) substitute—
3B
Subsection (3A) does not apply to a secure children’s home.
Substitution of certain fees payable under the 2015 Fees and Frequency of Inspection Regulations9
In each provision of the 2015 Fees and Frequency of Inspections Regulations specified in column 1 of the table in the Schedule, for the amount specified in column 2 (old fee) substitute the amount specified in column 3 (new fee).
PART 5Amendments to the Childcare (Free of Charge for Working Parents) (England) Regulations 2022
Amendments to the Childcare (Free of Charge for Working Parents) (England) Regulations 202210
The Childcare (Free of Charge for Working Parents) (England) Regulations 202211 are amended in accordance with the following provisions of this Part.
Amendments to regulation 411
In regulation 4(1) (definitions)—
a
for the definition of “childminder” substitute—
“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;
b
after the definition of “inspection report” insert—
“limited capability for work” means limited capability for work under—
“limited capability for work and work-related activity” means limited capability for work and work-related activity under—
c
omit the definition of “Social Security Act”;
d
before the definition of “tax year” insert—
“specified benefit” has the meaning given in regulation 11A;
Amendment to regulation 1012
In regulation 10 (meaning of partner), after paragraph (2) insert—
3
A person is not a member of the same household as, or living together with, another person if—
a
the person is absent, and
b
the absence exceeds, or is expected to exceed, 6 months.
Insertion of regulation 11A13
After regulation 11 insert—
Meaning of “specified benefit”11A
1
A “specified benefit” is any of the following—
a
carer’s allowance under—
i
section 70 of the Social Security Contributions and Benefits Act 199216, or
ii
section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 199217;
b
c
the carer element20 under—
i
regulation 29 of the Universal Credit Regulations 201321, or
ii
regulation 30 of the Universal Credit Regulations (Northern Ireland) 201622;
d
credits for incapacity for work or limited capability for work under—
i
regulation 8B of the Social Security (Credits) Regulations 197523, or
ii
regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 197524;
e
employment and support allowance under—
i
section 1 of the Welfare Reform Act 200725, or
ii
section 1 of the Welfare Reform Act (Northern Ireland) 200726;
f
long-term incapacity benefit under—
i
regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 199527, or
ii
regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 199528;
Amendments to regulation 1414
In regulation 14 (conditions relating to parent)—
a
in paragraph (4)(a), for “(see regulation 10)” substitute “mentioned in regulation 15(3),”
;
b
omit paragraph (5).
Amendments to regulation 1515
1
In regulation 15 (conditions relating to partner of parent)—
a
for paragraph (2) substitute—
2
If a parent of a young child has a partner, the partner must be a person mentioned in paragraph (3) or (4).
b
After paragraph (2) insert—
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 200733 (claim for remittance basis to apply), or
iii
expect section 809E of Income Tax Act 200734 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.
Amendments to regulation 16 (qualifying paid work requirement: employee)16
In regulation 16 (qualifying paid work requirement: employee)—
a
for paragraph 3(a) substitute—
a
any period the person is—
i
a foster parent, or
ii
on specified leave other than adoption leave of the kind mentioned in sub-paragraph (b);
b
In paragraph (4)—
i
in the definition of “adoption leave”, in paragraph (b), for “the Social Security Act” substitute “the Social Security Contributions and Benefits Act”
;
ii
iii
in the definition of “specified leave”, in paragraph (a) for (i) to (v) substitute—
i
ordinary or additional maternity leave;
ii
ordinary or additional adoption leave;
iii
shared parental leave;
iv
parental leave;
v
paternity leave;
vi
parental bereavement leave;
iv
in paragraph (b), for “the Social Security Act” substitute “the Social Security Contributions and Benefits Act”
.
Amendments to regulation 1817
In regulation 18 (minimum income requirement), in paragraph (3) in the definition of “relevant period”—
a
in sub-paragraph (a), for the words from “beginning with” to the end, substitute—
beginning with—
i
the day on which the declaration relating to the employee is made, or
ii
if regulation 7(1)(d) applies, the day on which the person expects to be a person mentioned in any of regulation 7(1)(a) to (c);
b
in paragraph (b), for “mentioned in paragraph (a)” substitute “of three months beginning with the day on which the declaration relating to the employee is made”
.
Amendment to regulation 4518
In regulation 45 (duty to make arrangements with childcare provider chosen by parent), in paragraph (3)(c), for “a childcare agency”, substitute “an early years childminder agency”
.
Amendment to regulation 4719
In regulation 47 (requirements permissible in arrangements), in paragraph (1)(f), for “a childcare agency” substitute “an early years childminder agency”
.
Signed by authority of the Secretary of State for Education
We consent.
SCHEDULESubstitution of certain fees payable under the 2015 Fees and Frequency of Inspections Regulations
Provision of the 2015 Fees and Frequency of Inspections Regulations (1) | Old fee (2) | New fee (3) |
---|---|---|
Regulation 4 (registration fees: voluntary adoption agencies) | ||
Paragraph (1)(a) | £2690 | £2959 |
Paragraph (1)(b)(i) | £2690 | £2959 |
Paragraph (1)(b)(ii) | £734 | £807 |
Paragraph (2)(a) | £734 | £807 |
Paragraph (2)(b)(i) | £2690 | £2959 |
Paragraph (2)(b)(ii) | £734 | £807 |
Regulation 5 (registrations fees: adoption support agencies) | ||
Paragraph (1) | £2690 | £2959 |
Paragraph (2) | £734 | £807 |
Paragraph (3) | £734 | £807 |
Regulation 6 (registrations fees: children’s homes) | ||
Paragraph (1) | £2911 | £3202 |
Paragraph (2) | £1056 | £1162 |
Regulation 7 (registration fees: residential family centres) | ||
Paragraph (1) | £2911 | £3202 |
Paragraph (2) | £881 | £969 |
Paragraph (3) | £881 | £910 |
Regulation 8 (registrations fees: fostering agencies) | ||
Paragraph (1) | £2911 | £3202 |
Regulation 12 (variation fees: voluntary adoption agencies) | ||
Paragraph (1)(b) | £734 | £807 |
Paragraph (2)(b) | £734 | £807 |
Paragraph (3) | £122 | £134 |
Regulation 13 (variation fees: adoption support agencies) | ||
Paragraph (2) | £734 | £807 |
Paragraph (3) | £122 | £134 |
Regulation 14 (variation fees: children’s home) | ||
Paragraph (3) | £176 | £194 |
Regulation 15 (variation fees: residential family centres) | ||
Paragraph (2) | £881 | £910 |
Paragraph (3) | £146 | £161 |
Regulation 16 (variation fees: fostering agencies) | ||
Paragraph (2) | £176 | £194 |
Regulation 19 (annual fees: boarding schools, residential colleges and residential special schools) | ||
Paragraph (1)(a) | £926 | £1019 |
Paragraph (1)(b)(i) | £926 | £1019 |
Paragraph (1)(b)(ii) | £56 | £62 |
Paragraph (1)(c) | £1455 | £1601 |
Paragraph (1)(d) | £2036 | £2240 |
Paragraph (1)(e) | £2445 | £2690 |
Paragraph (2)(a) | £1233 | £1356 |
Paragraph (2)(b)(i) | £1233 | £1356 |
Paragraph (2)(b)(ii) | £75 | £83 |
Paragraph (2)(c) | £1819 | £2001 |
Paragraph (3)(a) | £2267 | £2494 |
Paragraph (3)(b)(i) | £2267 | £2494 |
Paragraph (3)(b)(ii) | £226 | £249 |
Paragraph (3)(c) | £5457 | £5995 |
Regulation 20 (annual fees: voluntary adoption agencies) | ||
Paragraph (1)(a) | £1858 | £2044 |
Paragraph (1)(b)(i) | £1858 | £2044 |
Paragraph (1)(b)(ii) | £985 | £1084 |
Paragraph (2)(a) | £985 | £1084 |
Paragraph (2)(b)(i) | £1858 | £2044 |
Paragraph (2)(b)(ii) | £985 | £1084 |
Regulation 21 (annual fees: adoption support agencies) | ||
Paragraph (1) | £1750 | £1648 |
Paragraph (2) | £985 | £1084 |
Regulation 22 (annual fees: fostering agencies | ||
Paragraph (1) | £3113 | £3424 |
Regulation 23 (annual fees: children’s home) | ||
Paragraph (1)(a) | £2836 | £3120 |
Paragraph (1)(b)(i) | £2836 | £3120 |
Paragraph (1)(b)(ii) | £283 | £311 |
Paragraph (1)(c) | £9436 | £8629 |
Paragraph (1A)(a) | £4254 | £4679 |
Paragraph (1A)(b)(i) | £4254 | £4679 |
Paragraph (1A)(b)(ii) | £283 | £311 |
Regulation 24 (annual fees: residential family centres) | ||
Paragraph (1)(a) | £1889 | £2078 |
Paragraph (1)(b) | £1913 | £2104 |
Paragraph (1)(c) | £1913 | £2104 |
(This note is not part of the Regulations)