The Education (Student Support) (Wales) Regulations 2017

Grants for dependants - childcare grant

27.—(1) An eligible student qualifies, in connection with the eligible student’s attendance on a designated course, for a childcare grant in accordance with this regulation.

(2) Subject to paragraphs (3), (5) and (6), the childcare grant is available in respect of an academic year in which the eligible 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 student does not qualify for a grant under this regulation if—

(a) the eligible student or the eligible 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) the eligible student or the eligible student’s partner is entitled to an award of universal credit which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)(3); or

(c) the eligible student’s partner has elected to receive financial support for childcare under a healthcare bursary.

(4) In these Regulations, “entitlement period” and “valid declaration of eligibility” have the same meaning as they have for the purposes of the Childcare Payments Act 2014(4)and regulations made under that Act.

(5) An eligible student does not qualify for a grant under this regulation during any entitlement period for which an eligible student or an eligible student’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(6) An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that the eligible student incurs are paid or to be paid by the student to the eligible student’s partner.

(7) Subject to paragraphs (8), (9) and (10) 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 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.

(8) For the purposes of calculating the basic amount of 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 childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (7) by the number of days of that week falling within the academic year and dividing the product by seven.

(9) Where an eligible student’s application for a childcare grant does not identify a childcare provider, the Welsh Ministers may—

(a) limit the amount of childcare grant paid to the student to 85 per cent of the prescribed childcare charges up to a maximum amount of £115 per week; and

(b) limit the payment of the childcare grant to one quarter of the academic year.

(10) Subject to paragraph (11), a childcare grant is payable to an eligible student in respect of the four quarters of the academic year.

(11) Where one of the events listed in regulation 23(12) occurs in the course of an academic year, an eligible student may only qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

(1)

1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23 and Schedule 8, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31, the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 59 and Schedule 2, the Children and Families Act 2014 (c. 6), Schedule 3 and S.I. 2010/1158.

(2)

2002 c. 21 to which there are amendments not relevant to these Regulations.

(3)

S.I. 2013/376.

(4)

2014 c. 28.