These Regulations, which come into force on 6th April 2011, amend sections 318 and 318C of the Income Tax (Earnings and Pensions) Act 2003 (“ITEPA”) (2003 c. 1).

Regulation 2 amends subsection (5)(a) of section 318. It substitutes the reference to “Part 10A of the Children Act 1989” (“Part 10A”) with “Part 2 of the Children and Families (Wales) Measure 2010” (“the Measure”) (2010 nawm 1) to reflect the fact that (a) Part 10A was repealed under the Measure and (b) the regime for the registration of child minding and day care in Wales is now in Part 2 of the Measure.

Regulation 3 amends Section 318C of ITEPA (“section 318C”), which deals with the meaning of “qualifying child care” for the purpose of the exemptions from income tax and national insurance contributions for employer supported childcare.

Regulation 3(2)(a) amends subsection (3)(a) of section 318C, on the same basis as the amendment to section 318(5)(a) of ITEPA under regulation 2.

Regulation 3(2)(b) substitutes paragraph (b) in section 318C(3) so that child care in Wales is qualifying child care if it is provided by a person in circumstances where, but for the provisions of article 11, 12 or 14 of the Child Minding and Day Care (Exceptions) Order 2010 (S.I. 2010/2839), the care would be day care for the purposes of Part 2 of the Measure.

Regulation 3(2)(c) substitutes paragraph (g) of section 318C(3) so that care provided in Wales by a foster parent is qualifying child care in the circumstances described. Regulation 3(4) inserts new paragraph (f) into section 318C(5) so that care provided in Northern Ireland by a foster parent is qualifying child care in the circumstances described.

Regulation 3(3) omits paragraph (c) of subsection (4), so that care provided for a child in Scotland by a foster carer will no longer be qualifying child care and consequential amendments are made by way of amendments to paragraph (d) of subsection (7) and the removal of subsection (11) by regulation 3(5) and (6).

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.