The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Made: 19th December 2016

Coming into force in accordance with regulation 1

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 1(2), (3), (4) and (7), 2(1), (2), (4) and (5) and 4(2) of the Childcare Act 2016 .

In accordance with section 4(4) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

In accordance with section 2(3) of that Act, these Regulations are made with the consent of the Treasury.

PART 1 — Preliminary

Citation and commencement

1

• (1) These Regulations may be cited as the Childcare Act 2016 (Consequential Amendments) Regulations 2016.

• (2) Parts 1 and 5 of these Regulations come into force 21 days after the day on which these Regulations are made.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

2

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PART 2 — A qualifying child of working parents

CHAPTER 1 — Conditions relating to a qualifying child of working parents

Description of a qualifying child of working parents

3

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CHAPTER 2 — Conditions relating to a parent, and any partner of the parent, of the child

Specified conditions relating to a parent, and any partner of the parent, of the child

4

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The requirement to be in qualifying paid work

5

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Calculation of expected income

6

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Self-employed persons: start-up periods

7

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Qualifying paid work: time off in connection with sickness or parenting

8

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Qualifying paid work: caring, incapacity for work or limited capability for work

9

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Partner of a parent of the child

10

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CHAPTER 3 — Declaration in respect of a young child

Conditions to be met by the person making the declaration

11

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Being in the United Kingdom

12

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Declaration: form and content

13

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Electronic communications

14

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Period of time for which the first declaration has effect

15

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Reconfirming declaration

16

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CHAPTER 4 — Determinations

Determination by the Commissioners

17

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PART 3 — Information, reviews, appeals and penalties

CHAPTER 1 — Information

Supply of information

18

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Unauthorised disclosure of information received under regulation 18

19

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CHAPTER 2 — Reviews and appeals of determinations

Rights to review and appeal a determination under regulation 17

20

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Reviewing a determination under regulation 17

21

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Extension of time limit for applications for review

22

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Appealing a determination under regulation 17

23

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Powers of tribunal: appeals against determinations

24

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CHAPTER 3 — Penalties

Penalties for inaccurate declarations

25

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Penalties for providing false or misleading information or statements

26

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Penalties for dishonesty

27

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Assessment and enforcement of penalties

28

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Reviewing a penalty

29

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Extension of time limit for applications for review

30

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Appealing against a penalty

31

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Powers of tribunal: appeals against penalties

32

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PART 4 — Local authorities' duty to secure early years provision

Duty to secure early years provision free of charge

33

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Nature of early years provision

34

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Availability of early years provision

35

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Requirement on local authority when discharging its duty under regulation 33

36

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Arrangements between local authorities and early years providers: termination

37

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Arrangements between local authorities and early years providers: requirements

38

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Having regard to guidance

39

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PART 5 — Consequential amendments

Education Act 1996

40

• (1) The Education Act 1996 is amended as follows.

• (2) In section 451(2A) (prohibition of charges for provision of education)—

• (a) at the end of paragraph (a) omit the “or”; and

• (b) at the end of paragraph (b) insert—

or (c) early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).

• (3) In section 509A(5)(a) (local authorities in England: travel arrangements for children receiving early years education otherwise than at school)—

• (a) the wording from “provided under arrangements” to the end becomes sub-paragraph (i); and

• (b) at the end of sub-paragraph (i) insert—

or (ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);

• (4) In section 548(8)(a) (no right to give corporal punishment)—

• (a) the wording from “provided under arrangements” to the end becomes sub-paragraph (i); and

• (b) at the end of sub-paragraph (i) insert—

or (ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision),

School Standards and Framework Act 1998

41

In the School Standards and Framework Act 1998 , in section 123(4)(a) (children with special educational needs)—

• (a) the wording from “provided under arrangements” to the end becomes sub-paragraph (i); and

• (b) at the end of sub-paragraph (i) insert—

or (ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision);

Children Act 2004

42

• (1) The Children Act 2004 is amended as follows.

• (2) In section 18(2) (director of children's services)—

• (a) at the end of paragraph (e) omit the “and”; and

• (b) at the end of paragraph (f) insert—

and (g) any function conferred on the authority under section 2 of the Childcare Act 2016.

• (3) In section 23(3) (sections 20 to 22: interpretation)—

• (a) at the end of paragraph (c) omit the “and”; and

• (b) at the end of paragraph (d) insert—

and (e) any function conferred on a local authority under section 2 of the Childcare Act 2016.

Education and Inspections Act 2006

43

In the Education and Inspections Act 2006 , in section 135(1) (functions to which this Chapter applies and related activities)—

• (a) at the end of paragraph (e) omit the “and”; and

• (b) after paragraph (e) insert—

(ea) any function conferred on the local authority under section 2 of the Childcare Act 2016; and

Signed

Signed by the authority of the Secretary of State for Education

Caroline Dinenage — Parliamentary Under Secretary of State — 2016-12-19

We consent

Robert Syms — Stephen Barclay — Two of the Lords Commissioners of Her Majesty's Treasury — 2016-12-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2016 c. 5.

[^f00002]: Section 96 was amended by section 76 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00003]: 2006 c. 21.

[^f00004]: The definition in section 98(1) was amended by paragraph 62 of Schedule 4 to the Children and Families Act 2014 (c. 6).

[^f00005]: 2002 c. 32. Section 162A was inserted by paragraph 2 of Schedule 8 to the Education Act 2005 (c. 18) and amended by paragraph 73 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

[^f00006]: 2008 c. 25.

[^f00007]: 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 and 41 of, and paragraph 15 of Schedule 13 to, the Education Act 2011 (c. 21).

[^f00008]: Section 50(4) was repealed by paragraph 1 of Schedule 18 to the Education and Inspections Act 2006 (c. 40).

[^f00009]: S.I. 2015/621. Regulation 4 was amended by S.I. 2016/68. Regulation 4A was inserted by S.I. 2016/68. Regulation 5 was amended by S.I. 2015/971.

[^f00010]: 1989 c. 41. Section 22(1) was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), section 2 of the Children (Leaving Care) Act 2000 (c. 35), section 116 of the Adoption and Children Act 2002 (c. 38) and S.I. 2016/413. Section 22C was added by section 8 of the Children and Young Persons Act 2008 (c. 23).

[^f00011]: 2014 anaw. 4.

[^f00012]: 1995 c. 36. Section 17(6) was amended by paragraph 9 of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4), paragraph 2 of Schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1), and SSI 2013/211.

[^f00013]: S.I. 1995/755 Article 25 was amended by section 2 of the Children (Leaving Care) Act (Northern Ireland) 2002 (c. 11). Article 27 was amended by SI 2003/431.

[^f00014]: S.I. 2009/210 (S.) Regulations 8 and 10 were amended by SSI 2013/147.

[^f00015]: 2007 c. 3. Sections 809B and 809E were added by paragraph 1 of Schedule 7 to the Finance Act 2008 (c. 9). 809B was amended by paragraph 152 of Schedule 45 and paragraph 3 of Schedule 46 to the Finance Act 2013 (c. 29). Section 809E was amended by paragraph 152 of Schedule 45 and paragraph 5 of Schedule 46 to the Finance Act 2013 and paragraph 4 of Schedule 27 to the Finance Act 2009 (c. 10).

[^f00016]: 2003 c. 1.

[^f00017]: S.I. 2015/448.

[^f00018]: 1992 c. 4.

[^f00019]: 1992 c. 7.

[^f00020]: Section 35 was amended by section 2 of the Still Births (Definition) Act 1992 (c. 29), section 67 of the Social Security Act 1998 (c. 14), section 53 of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 4 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 6 of Schedule 1 to the Work and Families Act 2006 (c. 18), section 120 of the Children and Families Act 2014 (c. 6), S.I. 1994/1230 and S.I. 2014/606.

[^f00021]: Section 35 was amended by S.I. 1992/1310 (N.I. 10), S.R. 1994 No. 176, S.I. 1998/1506 (N.I. 10), S.I. 1999/3147 (N.I. 11), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10), S.R. 2002 No. 358, S.I. 2006/1947 (N.I. 16), S.R. 2014 No. 102 and section 6 of the Work and Families Act (Northern Ireland) 2015 (c.1).

[^f00022]: 1996 c. 18. Section 71 was substituted by Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26), and amended by section 17 of the Employment Act 2002 (c. 22), paragraph 31 of Schedule 1 to the Work and Families Act 2006 (c.18), and section 118 of the Children and Families Act 2014 (c.6).

[^f00023]: S.I. 1996/1919 (N.I. 16). Article 103 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2), S.I. 2006/1947 (N.I. 16), and section 3 of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00024]: Section 73 was substituted by Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26), and amended by section 17 of the Employment Act 2002 (c. 22), paragraph 32 of Schedule 1 to the Work and Families Act 2006 (c. 18) and section 118 of the Children and Families Act 2014 (c. 6).

[^f00025]: Article 105 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2), S.I. 2006/1947(N.I. 16), and section 3 of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00026]: Part 12ZA was inserted by section 2 of the Employment Act 2002.

[^f00027]: Part 12ZA was inserted by S.I. 2002/2836 (N.I. 2).

[^f00028]: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002. Section 80A was amended by section 118 of and paragraph 32 of Schedule 7 to the Children and Families Act 2014 (c. 6).Section 80B was amended by sections 118, 121 and 128 of, and paragraph 33 of Schedule 7 to, the 2014 Act.

[^f00029]: Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2).Article 112A was amended by section 3 and paragraph 4 of Schedule 1 to the Work and Families Act (Northern Ireland) 2015 (c. 1), and Article 112B by sections 3, 8 and 17 of, and paragraph 4 of Schedule 1 to, the 2015 Act.

[^f00030]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00031]: Part 12ZB was inserted by S.I. 2002/2836 (N.I. 2).

[^f00032]: Section 75A was inserted by section 3 of the Employment Act 2002 and amended by paragraph 33 of Schedule 1 to the Work and Families Act 2006 (c .18), sections 118, 121 and 122 of the Children and Families Act 2014 (c. 6), and S.I. 2016/413.

[^f00033]: Article 107A was inserted by S.I. 2002/2836 (N.I. 2) and amended by sections 3 and 8 of, and paragraph 32 of Schedule 1 to, the Work and Families Act (Northern Ireland) 2015, and S.I. 2006/1947 (N.I. 16).

[^f00034]: Section 75B was inserted by section 3 of the Employment Act 2002 and amended by paragraph 34 of Schedule 1 to the Work and Families Act 2006 and sections 118 and 122 of the Children and Families Act 2014.

[^f00035]: Article 107B was inserted by S.I. 2002/2836 (N.I. 2) and amended by section 3 of, and paragraph 33 of Schedule 1 to, the Work and Families Act (Northern Ireland) 2015, and S.I. 2006/1947 (N.I. 16).

[^f00036]: S.I. 1996/1919 (N.I. 16). Article 107E and 107G were added by section 2(2) of Part 2 of the Work and Families Act (Northern Ireland) 2015 (c. 1).

[^f00037]: Section 76 was substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999.

[^f00038]: Section 30A was added by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18) and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30) and paragraph 14 of Schedule 24 to the Civil Partnership Act 2004 (c. 33).Sections 40 and 41 were substituted by paragraph 8 and 9 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994, and section 41 was amended by paragraph 21 of Schedule 4(3) to the Pensions Act 1995 (c. 26).

[^f00039]: Section 30A was inserted by S.I. 1994/1898 (N.I. 12), and amended by paragraph 68 of Schedule 24(5) to the Civil Partnership Act 2004 and S.I. 1999/3147.Section 41 was amended by S.I. 1995/3213.

[^f00040]: S.I. 2000/2958.

[^f00041]: S.R. 2000 No. 332 (C.14).

[^f00042]: S.I. 1995/310. Regulation 11(4) was amended by S.I. 1996/3207.

[^f00043]: S.I. 1995/35 Regulation 11(4) was amended by S.R. 1996 No. 601.

[^f00044]: Section 70 was amended, and the name of the allowance changed from invalid care allowance to carer’s allowance, by S.I. 1994/2556, 2002/1457, 2011/2426, 2013/388, 2013/796 and 2015/1754.

[^f00045]: Section 70 was amended, and the name of the allowance changed to carer’s allowance, by S.I. 1994/370, S.O. (NI) 2002 No. 321, S.I. 2011/356 and S.I. 2016/228.

[^f00046]: 2007 c. 5.

[^f00047]: 2012 c. 5. Schedule 3 and Part 1 of Schedule 14 remove references to an income-related allowance.

[^f00048]: 2007 c. 2 (N.I.). Section 1 was amended by articles 56, 59 and 60 of the Welfare Reform (Northern Ireland) Order 2015/2006.

[^f00049]: S.I. 1975/556. Regulation 8B was inserted by S.I. 1996/2367 and amended by 2000/3120, 2003/521, 2008/1554, 2010/385, 2012/913 and 2013/630.

[^f00050]: S.R. 1975 No. 113.

[^f00051]: S.I. 2013/376. Regulation 29 was amended by S.I. 2015/175.Regulations 39 and 40 were amended by S.I. 2014/597.

[^f00052]: S.R. 2016 No. 216.

[^f00053]: 2014 c. 28.

[^f00054]: 1971 c. 77.

[^f00055]: The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk.

[^f00056]: S.I. 2005/1379.

[^f00057]: 2010 c. 8.

[^f00058]: 1999 c. 33.

[^f00059]: 2003 c. 21. Section 32 was amended by S.I 2011/1210.

[^f00060]: S.I. 2015/522.

[^f00061]: 1970 c. 9.

[^f00062]: Section 40 was amended by section 75 of the Small Business, Enterprise and Employment Act 2015 (c. 26).

[^f00063]: 2010 c. 32. Section 1A was inserted by section 53 of the Education Act 2011 (c. 21).

[^f00064]: 2002 c. 32. Section 157(1) was amended by paragraph 1 of Schedule 2 to the Education and Skills Act 2008 (c.25).

[^f00065]: Section 51E was inserted by paragraph 13 of Part 2 of Schedule 4 to the Children and Families Act 2014 (c. 6).

[^f00066]: 2010 c. 15.

[^f00067]: 2014 c. 6.

[^f00068]: 1996 c. 56. Section 451(2A) was inserted by section 17 of the Childcare Act 2006 (c. 21). Section 509A was inserted by section 124 of the School Standards and Framework Act 1998 (c. 31) and subsection (5)(a) was amended by paragraph 23 of Schedule 2 to the Childcare Act 2006. Section 548(8) was amended by S.I. 2010/1158.

[^f00069]: 1998 c. 31. Section 123(4) was amended by paragraph 34 of Schedule 2 to the Childcare Act 2006.

[^f00070]: 2004 c. 31. Section 18(2) and 23(3) were amended by section 16 of, and paragraph 1 of Schedule 3 to, the Childcare Act 2006, section 194 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and S.I. 2010/1158 and section 18(2) by paragraph 264 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43).

[^f00071]: 2006 c. 40. Section 135(1) was amended by S.I. 2010/1158.

Editorial notes

[^c23210281]: 2016 c. 5.

[^c23210951]: 1996 c. 56. Section 451(2A) was inserted by section 17 of the Childcare Act 2006 (c. 21). Section 509A was inserted by section 124 of the School Standards and Framework Act 1998 (c. 31) and subsection (5)(a) was amended by paragraph 23 of Schedule 2 to the Childcare Act 2006. Section 548(8) was amended by S.I. 2010/1158.

[^c23210961]: 1998 c. 31. Section 123(4) was amended by paragraph 34 of Schedule 2 to the Childcare Act 2006.

[^c23210971]: 2004 c. 31. Section 18(2) and 23(3) were amended by section 16 of, and paragraph 1 of Schedule 3 to, the Childcare Act 2006, section 194 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) and S.I. 2010/1158 and section 18(2) by paragraph 264 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43).

[^c23210981]: 2006 c. 40. Section 135(1) was amended by S.I. 2010/1158.

[^key-ee1736191f69b2890b51bd6742d51e0d]: Words in Regulations title substituted (1.12.2022) by The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(2)

[^key-0655cb5a310f5c8716eb3499a32a0582]: Pt. 2 omitted (1.12.2022) by virtue of The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(5)(c)

[^key-3779759fe186641ff6845ccbf3068ca4]: Pt. 3 omitted (1.12.2022) by virtue of The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(5)(d)

[^key-9db68e5fe54c9e1c005abf2092d306e5]: Pt. 4 omitted (1.12.2022) by virtue of The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(5)(e)

[^key-e40d23962cfab45f0add4d6180073fb7]: Reg. 1(3) omitted (1.12.2022) by virtue of The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(5)(a)

[^key-2673ccc4873abbae38340cc09d8c723a]: Words in reg. 1(1) substituted (1.12.2022) by The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(3)

[^key-b49cba9413e4067de141b26bf4ccc058]: Word in reg. 1(2) substituted (1.12.2022) by The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(4)

[^key-17d1b1320dfb1b03200913a33caf9858]: Reg. 2 omitted (1.12.2022) by virtue of The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134), reg. 1(b), Sch. para. 4(5)(b)

Specified conditions relating to the parent, and any partner of the parent, of the child – foster parents

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The requirement to be in qualifying paid work

Calculation of expected income

Self-employed persons: start-up periods

Qualifying paid work and work outside role as a foster parent: time off in connection with sickness or parenting

Qualifying paid work and paid work outside role as a foster parent: caring, incapacity for work or limited capability for work

Partner of a parent of the child

Determination by the responsible local authority

17A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to determinations made under regulation 17

18ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .