Citation and commencement

1. These Regulations may be cited as the Childcare Payments (Eligibility) (Amendment No. 2) Regulations 2016 and come into force on 14th November 2016.

Amendments to the Childcare Payments (Eligibility) Regulations 2015

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

3. —(1) Regulation 9 is amended as follows.

(2) In paragraph (1)—

(a) after “if” insert “the person or any partner hold a National Insurance Number (“NINo”) and”;

(b) in sub-paragraph (b)(ii) for “relevant threshold” substitute “threshold specified in paragraph (5A)”.

(3) After paragraph (1) insert—

“ (1A) The requirement to hold a NINo in regulation 9(1) will not apply to a person’s partner who is resident and in paid work in another EEA state. ” .

(4) After paragraph (5) insert—

“ (5A) The threshold specified in this paragraph is the product of the calculation—

(5) In paragraph (6) for “ M is the minimum weekly income” substitute “ M is the minimum weekly income based on the hourly rate applicable to the person at the date of the declaration of eligibility”.

4. In regulation 10(5) after “expected income” insert “during any period of 3 months beginning with the date of the declaration of eligibility”.

5. For regulation 11(1) substitute—

“ (1) A self-employed person does not have to meet the condition in regulation 9(1)(b) where the person makes the first declaration of eligibility within a start-up period. ”