4. In regulation 18 (treatment of child care charges)—
(a)in paragraph (4)(1), for the definition of “relevant child care charges” substitute—
““relevant child care charges” are those charges for care to which paragraphs (5) and (6) apply, and shall be calculated on a weekly basis in accordance with paragraph (2).”;
(b)after paragraph (4) add—
“(5) This paragraph applies to charges paid by the relevant person for care which is provided—
(a)in the case of any child of the relevant person’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday;
(b)in the case of any child of the relevant person’s family who is disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s sixteenth birthday.
(6) This paragraph applies to charges paid for care which is provided in accordance with paragraph (7) but not paid—
(a)in respect of the child’s compulsory education; or
(b)by a relevant person to a partner or by a partner to a relevant person in respect of any child for whom either of any of them is responsible in accordance with regulation 7 (circumstances in which a person is to be treated as responsible or not responsible for another).
(7) The care to which paragraph (6) refers may be provided—
(a)by persons registered under Article 118 of the Children (Northern Ireland) Order 1995(2) (registration of childminders and persons providing day care);
(b)out of school hours, by a school on school premises or by an education and library board or a Health and Social Services trust—
(i)for children who are not disabled in respect of the period beginning on, and including, their twelfth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or
(ii)for children who are disabled in respect of the period beginning on, and including, their twelfth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;
(c)by a child care scheme operating on Crown property where registration under Article 118 of the Children (Northern Ireland) Order 1995 is not required; or
(d)in schools or establishments to which Article 118 of the Children (Northern Ireland) Order 1995 does not apply by virtue of Article 121(1) to (3) of that Order.
(8) For the purposes of paragraphs (5) to (7)—
(a)a person shall be treated as a child in respect of the period commencing on his sixteenth birthday and ending on the day preceding the first Monday in September following his sixteenth birthday; and
(b)a child is disabled if he is a child—
(i)in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;
(ii)who is identified as blind in pursuance of arrangements under section 1(1) of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978(3);
(iii)who ceased to be identified as blind under such arrangements within the 28 weeks immediately preceding the date of claim.”.
Relevant amending instrument is S.R. 1998 No. 396
S.I. 1995/755 (N.I. 2); to which there are no relevant amendments