Childcare Funding (Wales) Act 2019

Provision of funding for childcare

1 Funding of childcare for children of working parents

(1) The Welsh Ministers must provide funding in respect of childcare for qualifying children of working parents.

(2) Regulations must specify the amount of childcare to be secured by virtue of funding provided under subsection (1).

(3) A qualifying child of working parents is a child under compulsory school age—

(a) who is in Wales;

(b) who is of an age (or within an age range) specified in regulations;

(c) who meets any other conditions specified in regulations;

(d) in respect of whom a declaration has been made, in accordance with regulations, to the effect that the requirements of paragraphs (a), (b) and (c) are or continue to be satisfied.

(4) Conditions specified under subsection (3)(c) in respect of a child may (among other things) relate to primary education (within the meaning of section 2(1)(a) of the Education Act 1996) received by, or made available to, the child.

(5) Conditions specified under subsection (3)(c) in respect of a child may also relate to a parent of the child, or a partner of a parent of the child, including (among other things) to paid work carried out by a parent or a partner.

(6) Provision made under subsection (3)(d) in respect of a declaration may (among other things) include provision about when a declaration is to be made, the duration of a declaration, and conditions that are to be met by a person making a declaration.

(7) Regulations may make provision, for the purposes of this section, about—

(a) circumstances in which a child is, or is not, to be regarded as being in Wales;

(b) circumstances in which a person is, or is not, to be regarded as another person’s partner;

(c) circumstances in which a person is, or is not, to be treated as carrying out paid work.

(8) For the purposes of this section, “parent”, in relation to a child, includes—

(a) any individual who has parental responsibility (within the meaning of the Children Act 1989 (c. 41)) for the child;

(b) any individual who has care of the child.

(9) References in this section to regulations are to regulations made by the Welsh Ministers.