The Social Security Benefit (Computation of Earnings) Regulations 1996

2.  In this Schedule— E+W+S

“relevant child care charges" means the charges paid by the claimant for care provided for any child of the claimant’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with section 143 of the Contributions and Benefits Act M1 (circumstances in which a person is to be treated as responsible or not responsible for another), where the care is provided—

(a)

by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children); or

(b)

for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or

(c)

by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required, or

(d)

in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of, and paragraph 3 or 4 of Schedule 9 to, that Act, [F1 or

(e)

by persons registered under [F2 Part XA of the Children Act 1989] [F2 Part 2 of the Children and Families (Wales) Measure 2010] ;

(f)

[F3 n schools or establishments which are exempted from registration under Part XA of the Children Act 1989 by virtue of paragraph 1 of Schedule 9A to that Act; or]

(f)

[F3 by a person who is excepted from registration under Part 2 of the Children and Families (Wales) Measure 2010 because the child care that person provides is in a school referred to in article 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010;]

(g)

[F4 by

(i)

persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010; or

(ii)

local authorities registered under section 83(1) of that Act,

where the care provided is child minding or day care of children within the meaning of that Act,]]

and shall be calculated on a weekly basis in accordance with paragraphs 4 to 7;

“school term-time" means the school term-time applicable to the child for whom care is provided.

Textual Amendments

F1 Sch. 2 para. 2(e)(g) and word inserted (1.4.2002) by Social Security Benefit (Computation of Earnings) (Child Care Charges) Regulations 2002 (S.I. 2002/842), regs. 1, 2

F2 Words in Sch. 2 para. 2 substituted by S.I. 2010/2582, Sch. 4 para. 3(2)(b) (as inserted) (W) (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch.

F3 Words in Sch. 2 para. 2 substituted by S.I. 2010/2582, Sch. 4 para. 3(2)(b) (as inserted) (W) (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch.

F4 Words in Sch. 2 para. 2 substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 23

Marginal Citations

M1 S.I. 1992/1814.