Childcare Support Act 2018

1. Interpretation

1. (1) In this Act—

“Act of 1991” means the Child Care Act 1991;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“Act of 2015” means the International Protection Act 2015;

“application for financial support” means an application for financial support under section 9;

“applicant” means a person who has made an application under section 9;

“approved childcare services provider” has the meaning assigned to it by section 8;

“child” means a person under the age of 18 years;

F1[“childcare service”means an early years service;]

“childcare services provider” means the provider of F1[an early years service] whose name is entered in the register of prescribed early years services established and maintained in accordance with section 58C of the Act of 1991;

“civil partner” shall be construed in accordance with section 3 of the Act of 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;

“couple” means—

(a) two persons who are married to each other,

(b) two persons who are civil partners of each other, or

(c) two persons who are cohabitants,

who are habitually living together;

F2[“early years service”has the same meaning as it has in Part VIIA of the Act of 1991;]

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol to Agreement done at Brussels on 17 March 1993;

“financial support” means a payment made by the scheme administrator to an approved childcare services provider in accordance with the Scheme to assist a person in meeting the cost of childcare services and, where the context so requires, includes—

(a) income-related or non-income related financial support the subject of a determination under section 12, and

(b) financial support the subject of an agreement under section 14;

“income-related financial support” means financial support calculated on the basis of an assessment of the income of an applicant and his or her partner;

“Minister” means the Minister for Children and Youth Affairs;

“non-income related financial support” means financial support that is not calculated on the basis of the income of an applicant or his or her partner and does not include financial support under section 14;

“parent” includes a person acting in loco parentis;

“partner”, in relation to a person who is a member of a couple, means the person who is the other member of the couple;

“personal public service number” has the same meaning as it has in the Act of 2005;

“prescribed” means prescribed by regulations made by the Minister;

“Scheme” means the Affordable Childcare Scheme established under section 2;

“scheme administrator” means a body appointed under section 3;

“school” has the same meaning as it has in the Education Act 1998;

“statutory body” means—

(a) a Minister of the Government,

(b) a local authority within the meaning of the Local Government Act 2001,

(c) a body established by or under statute,

(d) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(e) a company in which all the shares are held by a board, company, or other body referred to in paragraph (c) or a company referred to in paragraph (d) of this definition.

F3["United Kingdom of Great Britain and Northern Ireland" includes the Channel Islands and the Isle of Man and "citizen of the United Kingdom of Great Britain and Northern Ireland" shall be construed accordingly;]

(2) In this Act any reference to a partner of a person shall apply only if the person is a member of a couple.

2. Establishment of Scheme

2. (1) On the coming into operation of this section there is established a scheme to be known as the Affordable Childcare Scheme (in this Act referred to as the “Scheme”) to be operated under and in accordance with this Act.

(2) The Scheme is established for the purpose of providing financial support under this Act in respect of childcare services in accordance with this Act out of the resources allocated to the Scheme in each year in accordance with subsection (4) and shall consist of the provision of financial support in respect of childcare services for the purposes of and in accordance with the provisions of this Act and any regulations made thereunder.

(3) It shall be a function of the scheme administrator to operate and administer the Scheme.

(4) In the financial year 2019 and in each subsequent financial year the Minister shall, out of such monies as are available to the Minister for that financial year from monies provided by the Oireachtas, allocate such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, to the scheme administrator for the provision of financial support under this Scheme in that financial year.

3. Scheme administrator

3. (1) Subject to subsection (2), the Minister may appoint a body to perform the functions of a scheme administrator subject to such conditions as the Minister thinks fit and specifies in the appointment.

(2) A scheme administrator may be one of the following:

(a) a board, authority or other body established by or under an enactment (other than the Companies Acts) whose functions include the administration of schemes of payments;

(b) a company under the Companies Acts, in which all the shares are held by or on behalf of or jointly with—

(i) a Minister of the Government,

(ii) directors appointed by a Minister of the Government, or

(iii) a board, authority or other body referred to in paragraph (a),

or

(c) a company under the Companies Acts that is limited by guarantee without share capital, and in which directors are appointed by—

(i) the Government or a Minister of the Government, or

(ii) a board, authority or other body referred to in paragraph (a).

4. Functions of scheme administrator

4. (1) In addition to performing any other functions conferred on it by or under this Act, the scheme administrator shall—

(a) assess, review and inform the Minister of resources required by it for the purposes of performing its functions under this Act,

(b) keep all proper and usual accounts of monies received by it, and expenditure of such monies incurred by it, in relation to the Scheme, and

(c) furnish to the Minister any specified information in relation to the institution of proceedings for recovery of debt.

(2) The scheme administrator has all such powers as are necessary for or incidental to the performance of its functions under this Act.

(3) The scheme administrator may, with the consent of the Minister, issue guidelines consistent with this Act, whether relating to the performance of a function of the scheme administrator or otherwise, for the purpose of providing practical guidance in respect of any provision of this Act or regulations made under it.

(4) The scheme administrator shall arrange for guidelines issued under this section to be published in such manner as the scheme administrator considers appropriate.

5. Governance

5. (1) The Minister may from time to time issue directions to the scheme administrator as respects the Scheme, and, in performing any functions conferred on it by or under this Act, the scheme administrator shall comply with any such directions.

(2) The Minister shall from time to time appoint persons to carry out periodic inspections, reviews and audits in relation to the performance by the scheme administrator of its functions under this Act and to furnish a report in relation to such inspections, reviews and audits to the Minister, and the persons so appointed shall carry out such inspections and reviews and furnish such reports accordingly.

6. Agreements relating to performance of certain functions

6. (1) Subject to subsection (7), the scheme administrator may by an agreement entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by such person, subject to such terms and conditions (if any) as may be so specified, of such functions conferred on the scheme administrator by or under this Act as may be so specified.

(2) An agreement under this section may include provision for payments (if any) to be made to and the disposal of such payments by the person concerned for the purpose of the performance of a function specified in the agreement.

(3) An agreement under this section shall operate, so long as it continues in force, to confer on and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.

(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the scheme administrator.

(5) A function conferred on a person by an agreement under this section shall, notwithstanding the agreement concerned, continue to be vested in the scheme administrator but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this section of a function of the scheme administrator shall not remove or derogate from the scheme administrator’s responsibility to the Minister for the performance of the function.

(7) Before entering an agreement under subsection (1) the scheme administrator shall, in relation to the agreement and any terms and conditions contained therein—

(a) consult with the Minister, and

(b) obtain the prior approval of the Minister.

7. Persons eligible to apply for financial support

7. (1) For the purposes of this Act, a person may make an application for financial support in respect of a child if—

(a) the person or his or her partner is a parent of the child,

(b) the person or his or her partner is—

(i) ordinarily resident in the State, or

(ii) an applicant within the meaning of section 2 of the Act of 2015, or

(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or

F4[(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or]

(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or

F5[(iva) a citizen of the United Kingdom of Great Britain and Northern Ireland, or]

(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/2004^1 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,

(c) the child is under the age of 15 years,

(d) the person or his or her partner has care of the child for the period of time each week in respect of which the financial support is payable,

(e) the person and the child have a personal public service number,

(f) the person is not in receipt of financial support under section 14 in respect of that child, and

(g) in the case of income-related financial support, the person’s partner and any other children who reside with him or her have a personal public service number.

(2) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.

8. Approved childcare services provider

8. (1) In this Act “approved childcare services provider” means a childcare services provider in respect of which there is in force an agreement between the provider and the Minister as to the conditions under which financial support is to be paid for the purpose of receiving payments under the Scheme.

(2) Without prejudice to the generality of subsection (1), an agreement under this section may specify—

(a) the conditions and circumstances for the payment of financial support to an approved childcare services provider by the scheme administrator and for its increase, reduction, withdrawal or discontinuance,

(b) conditions and restrictions in relation to the use by approved childcare services providers of financial support,

(c) the manner and means of accounting for and recording financial support,

(d) requirements as to the qualifications of the staff providing childcare services,

(e) requirements as to the standard of care of children while attending such services,

(f) requirements as to the facilities available to the children attending such services,

(g) requirements as to the keeping of records of attendance of children at such services,

(h) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.

9. Application for financial support

9. (1) An eligible person may make an application to the scheme administrator for income-related or non-income related financial support or both.

(2) It shall be a condition of every application for financial support that the applicant, and in the case where that applicant is a member of a couple, the applicant and his or her partner, shall furnish all information which the scheme administrator may request in connection with the consideration of the application.

(3) An application for financial support shall—

(a) be in such form as may be specified by the scheme administrator,

(b) specify the name of the applicant and the child and the address at which they ordinarily reside and other contact details,

(c) specify the personal public service number of the applicant and of the child in respect of whom an application is made,

(d) in the case of an application for income-related financial support, specify the name of the applicant’s partner and his or her personal public service number and the names and personal public service numbers of any other children under the age of 15 years who reside with the applicant or with his or her partner and in relation to whom the applicant or his or her partner is a parent,

(e) specify the dates of birth of the applicant and, where applicable, his or her partner and the children referred to in paragraphs (c) and (d),

(f) specify the class in which the child is enrolled at school or whether he or she is enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills,

(g) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant,

(h) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant’s partner, and

(i) contain such other information that the scheme administrator may require in relation to the applicant, his or her partner and children under the age of 15 years in order that the scheme administrator may determine whether or not the applicant is eligible to apply for financial support and the amount of the financial support the applicant is qualified to receive.

(4) The scheme administrator may refuse an application for financial support if—

(a) the application does not comply with subsection (1), (2) or (3),

(b) the applicant or his or her partner fails to provide the scheme administrator with such information as may be specified in the application form or such additional information as the scheme administrator may reasonably require to enable it to determine the application,

(c) the applicant or his or her partner fails to authorise the scheme administrator to contact his or her employer or education or training provider, as may be appropriate, to verify the information provided by the applicant or his or her partner, or

(d) the applicant or the applicant’s partner fails to satisfy the scheme administrator as to his or her identity or as to the identity of any children named in the application for financial support.

(5) Where the scheme administrator refuses under subsection (4) an application for financial support, it shall, not later than 20 working days after the refusal, give the applicant notice in writing or by electronic means of the decision and the reasons for the decision.

(6) Any person who knowingly, or recklessly, provides the scheme administrator with information which is false or misleading in a material particular in, with, or in connection with, an application for financial support shall be guilty of an offence.

(7) In this section “eligible person” means a person to whom section 7 applies.

10. Information to be given by employers and education and training providers to scheme administrator

10. (1) An employer or an education or training provider of an applicant or his or her partner shall give to the scheme administrator in writing in respect of that applicant or his or her partner such particulars relating to the employment of the applicant or his or her partner or the courses attended by the applicant or his or her partner, as may be appropriate, as are required by the scheme administrator to verify information as to whether the applicant or his or her partner is currently employed or enrolled in a course of education or training as stated in the application.

(2) Regulations may specify the particulars which shall be given under subsection (1) and prescribe the manner in which those particulars shall be so given.

(3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.

11. Assessment of income

11. (1) Upon receipt of an application in respect of income-related financial support that is made in accordance with section 9, the scheme administrator shall, if it is satisfied that the applicant is eligible under section 7 to make the application, carry out an assessment of the income of the applicant and his or her partner.

(2) In carrying out an assessment under this section, the scheme administrator shall establish the annual income of a person—

(a) by using the definition of income specified in Schedule 1, and

(b) by deducting the allowable deductions specified in that Schedule.