Citation and Commencement

1. These Regulations may be cited as the Childcare Payments (Miscellaneous Amendment) Regulations 2021 and will come into force on 22nd July 2021.

Amendment of the Childcare Payments (Eligibility) Regulations 2015

2. —(1)The Childcare Payments (Eligibility) Regulations 2015( 2 ) 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)( 3 ),

(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) ( 4 )—

(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”.

Amendment of the Childcare Payments Regulations 2015

3. —(1)The Childcare Payments Regulations 2015( 5 ) 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 3 (qualifying childcare: registered or approved childcare) at paragraph (6)(b) substitute “a prescribed” for “an EEA”.

(4) In regulation 6 (declarations of eligibility) at paragraph (6)—

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

(b) substitute “prescribed” for “other EEA”.

(5) In regulation 7 (late declarations of eligibility) at paragraph (4) substitute “a prescribed” for “another EEA”.

(6) In regulation 14 (variation of relevant maximum: delay in payment of allowances) at paragraph (4) substitute “a prescribed” for “another EEA”.

(7)Regulation 17 (compensatory payments) is amended as follows.

(a) after paragraph (2)(b) omit “or”,

(b) at the end of paragraph (2)(c) omit “.” and insert—

“ ; or

(d) a person has applied for leave to enter or remain under the EU Settlement Scheme ( 6 ) , and the application has not been determined or there is an outstanding appeal. ” ,

(c) in paragraph (8) substitute “a prescribed” for “another EEA”, and

(d) after paragraph (8) insert—

“ (9) In this regulation—

“EU Settlement Scheme” means—

(8) In regulation 21 (disqualification orders: meaning of “relevant benefit”) at sub-paragraph (b) substitute “a prescribed” for “another EEA”.