The Childcare Payments (Miscellaneous Amendment) Regulations 2021

Amendment of the Childcare Payments (Eligibility) Regulations 2015

2.—(1) The Childcare Payments (Eligibility) Regulations 2015(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “another EEA State”,

(b) after the definition of “personal independence payment” insert—

““prescribed state” means any EEA state or Switzerland;”.

(3) In regulation 5 (meaning of qualifying child) in paragraph (5)(a)(iv) substitute “a prescribed” for “another EEA”.

(4) In regulation 6 (temporary absence from the United Kingdom) in paragraph (6) in the definition of “prescribed area”—

(a) after “any member State” insert “of the EEA” and

(b) omit “(other than the United Kingdom)”,

(5) In regulation 7 (persons treated as being, or not being, in the United Kingdom)—

(a) in paragraph (1)(d)—

(i) substitute “a prescribed” for “another EEA”,

(ii) after “state” insert “who is not a person subject to immigration control and”,

(b) in paragraph (3)(b)(ii) substitute “a prescribed” for “another EEA”.

(6) In regulation 9 (the requirement to be in qualifying paid work)—

(a) omit both paragraphs (1)(c)(2),

(b) after paragraph 1(b) insert—

“(c) the person is in paid work as an employed person or as a self-employed person and the person’s expected income from the work in the period specified in paragraph (4) is greater than or equal to the relevant threshold; or

(d) the person is in paid work as an employed person or as a self-employed person, the person’s expected income does not meet the requirements of sub-paragraphs (a) or (b) due to coronavirus, and the person—

(i) is receiving payments under a coronavirus support scheme; or

(ii) has made a claim for and is reasonably expecting to receive payments under a coronavirus support scheme; or

(iii) is intending to make a claim under a coronavirus support scheme, with the reasonable expectation of the claim being agreed; or

(iv) is employed by an employer who is claiming a grant under a coronavirus support scheme to cover a proportion of the person’s normal earnings.” and

(c) in paragraph (1A) for “another EEA” substitute “a prescribed”.

(7) In regulation 12 (qualifying paid work: time off in connection with sickness or parenting) (3)—

(a) in paragraph (1)(n), after “(n)” insert “in relation to England, Wales and Scotland only,”,

(b) in paragraph (1)(o), after “(o)” insert “in relation to England, Wales and Scotland only,”,

(c) in paragraph (7) substitute “a prescribed” for “another EEA”.

(8) In regulation 13 (qualifying paid work: caring, incapacity for work or limited capability for work) at paragraph (5) substitute “a prescribed” for “another EEA”.

(9) In regulation 15 (income not to exceed a certain level) at paragraph (2) substitute “a prescribed” for “another EEA”.

(10) In regulation 16 (application of section 11 to EEA residents)—

(a) in the heading substitute “residents of prescribed states” for “EEA residents”,

(b) in paragraph (1) substitute “a prescribed” for “another EEA”.

(11) In regulation 17 (application of sections 12 and 13 to EEA residents)—

(a) in the heading substitute “residents of prescribed states” for “EEA residents”,

(b) in each of paragraphs (1), (2)(a)(i) and (2)(b) substitute “a prescribed” for “another EEA”.

(1)

S.I. 2015/448, amended by S.I. 2016/793, 2016/2021, 2017/1101, 2020/354 and 2020/1515, there are other amending instruments but none is relevant.

(2)

This amendment is being made to rectify the existence of two paragraphs (1)(c) due to a drafting error.

(3)

Sub-paragraphs (n) and (o) were added by regulation 36(2) of the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354) and have effect only in England Wales and Scotland.