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The School and Early Years Finance (England) Regulations 2018

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Early years pupil premium

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17.—(1) When determining—

(a)budget shares for nursery schools maintained by it;

(b)amounts to be allocated in respect of nursery classes in schools maintained by it;

(c)amounts to be allocated to relevant early years providers in its area;

(d)amounts to be allocated in respect of community early years provision in schools maintained by it,

a local authority must include in the amount to be allocated an amount equivalent to 53 pence for each child eligible who is eligible for the early years pupil premium, for each hour of early years provision that the child receives, up to a maximum of 570 hours.

(2) A child is eligible for early years pupil premium if the child—

(a)is eligible for funded early years provision under regulation 3(3) of the Early Years Provision Regulations 2014;

(b)receives at least one hour of such provision; and

(c)either—

(i)the child’s parents are receiving one or more of the benefits in paragraph (3), or

(ii)the child has previously been looked after by a local authority and is no longer so looked after as a result of the making of an order in paragraph (4).

(3) The benefits are—

(a)universal credit;

(b)income support;

(c)income-based jobseekers’ allowance;

(d)income-related employment and support allowance;

(e)support under Part VI of the Immigration and Asylum Act 1999;

(f)the guaranteed element of state pension credit;

(g)child tax credit (where the recipient is not also entitled to working tax credit and has an annual gross income of no more than £16,190), and

(h)working tax credit run-on.

(4) The orders are—

(a)an adoption order within the meaning given by section 46(1) of the Adoption and Children Act 2002(1);

(b)a special guardianship order within the meaning given by section 14A(1) of the 1989 Act(2); and

(c)a child arrangements order within the meaning given by section 8(1) of the 1989 Act(3) which consists of, or includes, arrangements relating to either or both of the following—

(i)with whom the child is to live;

(ii)when the child is to live with any person.

(5) A local authority must include in the amount to be allocated for relevant early years provision or community early years provision in its area an amount of £302.10 (equivalent to 53 pence multiplied by 570) for each looked after child aged three or four years old in the local authority’s area.

(6) The allocation referred to in paragraph (5) must be managed by the local authority’s designated virtual school head for the benefit of the educational needs of the relevant looked after children as described in their personal education plans (that is, plans relating to the children’s education and training, including as far as is relevant and reasonably practicable the information in paragraph 2 of Schedule 1 to the Care Planning, Placement and Case Review (England) Regulations 2010(4)).

(7) In paragraph (6), “virtual school head” means a person appointed by a local authority under section 22(3B) of the 1989 Act(5) for the purpose of discharging the local authority’s duty set out in section 22(3A) of that Act (duty to promote the educational achievement of children looked after by the authority).

(8) No early years provider may receive an amount of more than £302.10 per child under this regulation.

(2)

Section 14A was inserted by section 115(1) of the Adoption and Children Act 2002.

(3)

Section 8(1) was amended by section 12 of the 2014 Act.

(5)

Section 22(3A) was inserted by section 52 of the Children Act 2004 (c. 31); section 22(3B) was inserted by section 99 of the 2014 Act.

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