The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257) (“the 2016 Regulations”) which set out detailed requirements that a person must satisfy in order to receive free childcare for children of working parents in England pursuant to the Childcare Act 2016 (2016 c.5) (the “2016 Act”) (known as the “Extended Entitlement”).

Paragraph (2)(2)(a) of regulation 3 amends regulation 5 of the 2016 Regulations and has the effect of requiring a parent and their partner to obtain a national insurance number before making a declaration of eligibility for the Extended Entitlement.

Paragraphs (2)(2)(b) and (c) and paragraph 3 of regulation 3 amend regulations 5 and 8 of the 2016 Regulations. to allow a parent to make a declaration of eligibility for the Extended Entitlement up to 31 days before starting work or returning to work from unpaid or parental leave. Previously under the 2016 Regulations, a parent could only submit a declaration 14 days before starting or returning to work.

Paragraph (4) of regulation 3 introduces amendments to the 2016 Regulations which allow HMRC to deal efficiently with cases of parents who make a declaration of eligibility for the Extended Entitlement and who subsequently form a partnership with a parent who has applied for childcare subsidies pursuant to a scheme set up under the Childcare Payments Act 2016 (c.28). The effect of the amendment is to give HMRC the power to align the date on which the new family unit must reconfirm eligibility under both schemes.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.