The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 (S.I. 2014/2147).

Regulation 2 amends the definition of “eligible child” to include a child whose parent is entitled to specified social security benefits (in some instances subject to income thresholds). In particular it deals with the inter-play between entitlement to the social security benefit known as “universal credit” and the early years provision free of charge pursuant to the Childcare Act 2006 (c. 21). It provides that where a parent of a child is in receipt of universal credit on or after 1st April 2018 and does not have income in excess of a specified applicable amount in the relevant period, the child is an eligible child for the purposes of early years provision free of charge. The relevant period can, in any particular case, be a single universal assessment period, 2 such periods or 3 such periods – each of which attracts, as a threshold, a different applicable amount of income (based on twelfths of an equivalent yearly income of £15,400).

Regulation 2 also:

• amends the definition of an eligible child to include a child currently, or formerly, looked after by a local authority in England or in Wales

• defines the relevant period (by reference to universal credit assessment periods)

• inserts a new paragraph (3) to define:

  • “earned income” by reference to “earned income” for the purposes of Chapter 2 of Part 6 of the Universal Credit Regulations 2013 (S.I. 2013/376)

  • “parent” and to deal with the earned income of a couple where relevant in relation to an income threshold.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.