The School and Early Years Finance and Childcare (Provision of Information About Young Children) (Amendment) (England) Regulations 2024

Early years 95% requirement

36.—(1) In determining budget shares and amounts allocated in accordance with regulation 11(9), a local authority must comply with the formula set out in paragraph (2) separately for each group.

(2) The formula is (A – B) / C is no less than 95% of D, where—

(a) A is the total of—

(i) all budget shares and amounts determined by the authority under regulation 11(9) in respect of the relevant group;

(ii) any amount deducted by the authority under paragraph 27 of Schedule 2, which the authority intends to distribute to early years providers in respect of the relevant group; and

(iii) any amount of the authority’s special educational needs inclusion fund, which the authority intends to distribute to early years providers in respect of the relevant group.

(b) B is the total of—

(i) where the calculation is being made in respect of three and four year olds, the maintained nursery school supplement;

(ii) any amount included in accordance with regulation 33(1) or (6) (early years pupil premium) in respect of the relevant group; and

(iii) any amount included in accordance with regulation 34(1) (disability access fund) in respect of the relevant group;

(c) C is the total number of hours of attendance of children in the relevant group predicted by the authority under regulation 31(1) (special arrangements for early years pupils and children); and

(d) D is the hourly unit funding rate in relation to the relevant group, notified to the local authority in the early years block.

(3) A local authority may alter the operation of this regulation if authorised to do so by the Secretary of State under regulation 41(1)(q).