97.—(1) An eligible part-time student qualifies, in connection with the eligible part-time student’s attendance on a designated part-time course, for a part-time childcare grant in accordance with this regulation.
(2) Subject to paragraphs (3) and (4), the part-time childcare grant is available in respect of an academic year in which the eligible part-time student incurs prescribed childcare charges for—
(a)a dependent child who is under the age of 15 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year; or
(b)a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996(1) and is under the age of 17 immediately before the beginning of the academic year, including a dependent child who is born after the beginning of the academic year.
(3) An eligible part-time student does not qualify for a grant under this regulation if—
(a)the eligible part-time student or the eligible part-time student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(2);
(b)is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element); or
(c)the eligible part-time student’s partner is entitled to receive financial support for childcare under a healthcare bursary.
(4) An eligible part-time student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible part-time student incurs are paid or to be paid by the student to the eligible part-time student’s partner.
(5) Subject to paragraphs (6), (7) and (8), regulation 99 and regulations 101 to 103, the basic amount of childcare grant for each week is—
(a)for one dependent child, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £161.50 per week; or
(b)for two or more dependent children, 85 per cent of the prescribed childcare charges, subject to a maximum amount of £ 274.55 per week,
except that the eligible part-time student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.
(6) For the purposes of calculating the basic amount of part-time childcare grant—
(a)a week runs from Monday to Sunday; and
(b)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which part-time childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.
(7) Where an eligible part-time student’s application for a part-time childcare grant does not identify a childcare provider, the Welsh Ministers may—
(a)limit the amount of part-time childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum of £115 per week; and
(b)limit the payment of the part-time childcare grant to one quarter of the academic year.
(8) The Welsh Ministers may continue to limit the part-time childcare grant in accordance with paragraph (7) until such a time as the eligible part-time student submits to them details of the childcare provider.
1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23 and Schedule 8, paragraph 1, the School Standards and Framework Act 1998 (c. 31), section 140, paragraph 71 of Schedule 30 and Schedule 31, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 59 and Schedule 2, S.I. 2010/1158 and the Children and Families Act 2014 (c. 6), Schedule 3.
2002 c. 21 to which there are amendments not relevant to these Regulations.