Statutory Instruments
2021 No. 228
Social Security
The Universal Credit (Childcare in Wales) (Amendment) Regulations 2021
Made
2nd March 2021
Laid before Parliament
4th March 2021
Coming into force
25th March 2021
The Secretary of State, in exercise of the powers conferred by sections 12, 40 and 42(1) and (2) of the Welfare Reform Act 2012(1), makes the following Regulations.
In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2) the Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it.
Citation and commencement
1. These Regulations may be cited as the Universal Credit (Childcare in Wales) (Amendment) Regulations 2021 and come into force on 25th March 2021.
Amendment to the Universal Credit Regulations 2013
2. In regulation 35 (meaning of “relevant childcare”), in paragraph (4)(c), of the Universal Credit Regulations 2013(3) after “Tax Credits Act 2002” insert “or made by the Welsh Ministers under section 60 (promotion etc. of well-being) of the Government of Wales Act 2006(4)”.
Signed by the authority of the Secretary of State for Work and Pensions
Will Quince
Parliamentary Under Secretary of State
Department for Work and Pensions
2nd March 2021
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend regulation 35 of the Universal Credit Regulations 2013 (S.I. 2013/376).
Regulation 2 amends the definition of “relevant childcare” (specifically in relation to care provided in Wales) for the purposes of claiming childcare costs in universal credit. The definition currently includes care by childcare providers who have been approved in accordance with a scheme then made by the then National Assembly for Wales under a power in the Tax Credits Act 2002. That power, which had been relied upon to create a scheme to approve home childcare providers (i.e. nannies), has now been repealed subject to saving provisions. This amendment adds the power that will be used for the replacement scheme into the definition of “relevant childcare” so that universal credit claimants in Wales who use a nanny to provide childcare can continue to be reimbursed for childcare costs once the new scheme takes effect. By including the power to establish approval schemes within the definition, the amendment would also enable universal credit claimants to be reimbursed if using a childcare provider approved under other schemes made by the Welsh Ministers.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.
2012 c. 5. Section 40 is cited for the meaning of “prescribed”.
S.I. 2013/376. Regulation 35 was amended by S.I. 2013/1508 and 2018/228.