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

2.—(1) The Childcare (Free of Charge for Working Parents) (England) Regulations 2022(1) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 7 (meaning of “employee”)—

(a)in paragraph (1)—

(i)in sub-paragraph (a), omit “who is not on unpaid leave”;

(ii)in sub-paragraph (d), for “31 days” to the end, substitute “the applicable period.”.

(b)in paragraph (2)—

(i)before the definition of “office”, insert—

““applicable period” means, in relation to a person (“P”) who expects to become a person mentioned in any of paragraph (1)(a) to (c) on a date in the period specified in the first column of the table, the period specified in the corresponding second column of the table.

P expects to become a person mentioned in any of paragraph (1)(a) to (c) in the period—Applicable period—

(i)beginning with 1st February and ending with the next 30th April

begins with 1st January immediately preceding the start of the period specified in the first column and ends with the next 30th April

(ii)beginning with 1st May and ending with the next 30th September

begins with 1st April immediately preceding the start of the period specified in the first column and ends with the next 30th September

(iii)beginning with 1st October and ending with the next 31st January

begins with 1st September immediately preceding the start of period specified in the first column and ends with the next 31st January;”;

(3) In regulation 16 (qualifying paid work requirement: employee)—

(a)in paragraph (3)(b), for the words after paragraph (ii), substitute “the applicable period”;

(b)in paragraph (4)—

(i)before the definition of “employment rights enactment”, insert—

““applicable period” means, in relation to a person (“P”) who returns to work from specified leave on a date in the period specified in the first column of the table, the period beginning with the date specified in the corresponding second column of the table and ending with the day before the day on which P returns to work.

P returns to work from specified leave on a date in the period—Applicable period begins with—

(i)beginning with 1st February and ending with the next 30th April

1st January immediately preceding the start of the period specified in the first column

(ii)beginning with 1st May and ending with the next 30th September

1st April immediately preceding the start of the period specified in the first column

(iii)beginning with 1st October and ending with the next 31st January

1st September immediately preceding the start of the period specified in the first column;”;

(4) In regulation 27 (period of eligibility for childcare), in paragraph (1)—

(a)in sub-paragraph (a), before “after” omit “on or”,

(b)in sub-paragraph (b), after “ending” insert “with the day”.