The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Description of a qualifying child of working parents

3.—(1) For the purposes of section 1(2)(c) of the Act, a young child is of a specified description if the young child—

(a) has attained the age of three years or will attain the age of three years within 16 weeks beginning with the day on which the declaration was made in relation to that child; and

(b) is not looked after by a local authority.

(2) In this regulation, except for the categories of children in paragraph (3), “looked after by a local authority” has the meaning given by—

(a) section 22(1) of the Children Act 1989(1);

(b) section 74(1) of the Social Services and Well-being (Wales) Act 2014(2);

(c) section 17(6) of the Children (Scotland) Act 1995(3); or

(d) article 25 of the Children (Northern Ireland) Order 1995(4) (with the modification that for the reference to a local authority there is substituted a reference to an authority within the meaning of article 2 of that Order).

(3) A child is not looked after by a local authority for the purposes of this regulation—

(a) during any period which is in the nature of a short-term break or is one of a series of such breaks for the purposes of providing respite for the person with whom the child normally lives;

(b) during any period when the child is placed with or continues to live with a person under section 22C(2) of the Children Act 1989;

(c) during any period when the child is placed with or continues to live with a person under section 81(2) of the Social Services and Well-being (Wales) Act 2014;

(d) during any period when the child is placed with or continues to live with a person defined in regulation 8(1) or 10(2) of the Looked after Children (Scotland) Regulations 2009(5); and

(e) during any period when the child is placed with or continues to live with a person under article 27(2) of the Children (Northern Ireland) Order 1995 where that person falls within article 27(4)(a) of that Order.

(1)

1989 c. 41. Section 22(1) was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22), section 2 of the Children (Leaving Care) Act 2000 (c. 35), section 116 of the Adoption and Children Act 2002 (c. 38) and S.I. 2016/413. Section 22C was added by section 8 of the Children and Young Persons Act 2008 (c. 23).

(2)

2014 anaw. 4.

(3)

1995 c. 36. Section 17(6) was amended by paragraph 9 of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4), paragraph 2 of Schedule 5 to the Children’s Hearings (Scotland) Act 2011 (asp 1), and SSI 2013/211.

(4)

S.I. 1995/755 Article 25 was amended by section 2 of the Children (Leaving Care) Act (Northern Ireland) 2002 (c. 11). Article 27 was amended by SI 2003/431.

(5)

S.I. 2009/210 (S.) Regulations 8 and 10 were amended by SSI 2013/147.