Description of children entitled to be provided with mandatory amount of early learning and childcare

2.—(1) A child is of a specified description if the child—

(a) has attained the starting point for 3 year olds; and

(b) does not fall within paragraph (6).

(2) A child is of a specified description if—

(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and

(b) the child’s parent is in receipt of one or more qualifying benefits on the day on which the child attains the starting point for 2 year olds.

(3) A child is of a specified description if—

(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and

(b) the child’s parent starts receiving one or more qualifying benefits after the starting point for 2 year olds.

(4) Where paragraph (3) of this article applies the child shall be of a specified description from the first day of the term of the school year commencing immediately after the child’s parent first receives one or more qualifying benefits.

(5) A child shall remain of a specified description by virtue of paragraphs (2) and (3) of this article notwithstanding that a child’s parent ceases to be in receipt of one or more qualifying benefits.

(6) A child falls within this paragraph where—

(a) the child’s birthday falls in the period beginning on 1st August and ending on 31st December; and

(b) the date of commencement of the school year in the year of the child’s fifth birthday has been reached.