Statutory Instruments
2024 No. 527
CHILDCARE, ENGLAND
LOCAL AUTHORITIES, ENGLAND
The Childcare (Free of Charge for Working Parents) (England) (Amendment) (No. 2) Regulations 2024
Made
17th April 2024
Laid before Parliament
19th April 2024
Coming into force
12th May 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1(2)(d), (3), (4)(b) and (c), 2(2)(b) and 4(2)(b) of the Childcare Act 2016( 1 ).
Citation, commencement and extent
1. These Regulations—
(a) may be cited as the Childcare (Free of Charge for Working Parents) (England) (Amendment) (No. 2) Regulations 2024,
(b) come into force on 12th May 2024, and
(c) extend to England and Wales.
Amendment of the Childcare (Free of Charge for Working Parents) (England) Regulations 2022
2. —(1)The Childcare (Free of Charge for Working Parents) (England) Regulations 2022( 2 ) are amended in accordance with paragraphs (2) to (4).
(2) In regulation 7 (meaning of “ employee ”)—
(a) in paragraph (1)—
(i) in sub-paragraph (a), omit “who is not on unpaid leave”;
(ii) in sub-paragraph (d), for “31 days” to the end, substitute “the applicable period.” .
(b) in paragraph (2)—
(i) before the definition of “office”, insert—
“ “ applicable period ” means, in relation to a person (“ P ”) who expects to become a person mentioned in any of paragraph (1)(a) to (c) on a date in the period specified in the first column of the table, the period specified in the corresponding second column of the table.
| P expects to become a person mentioned in any of paragraph (1)(a) to (c) in the period— | Applicable period— |
|---|---|
(i) beginning with 1st February and ending with the next 30th April | begins with 1st January immediately preceding the start of the period specified in the first column and ends with the next 30th April |
(ii) beginning with 1st May and ending with the next 30th September | begins with 1st April immediately preceding the start of the period specified in the first column and ends with the next 30th September |
(iii) beginning with 1st October and ending with the next 31st January | begins with 1st September immediately preceding the start of period specified in the first column and ends with the next 31st January; ” ; |
(3) In regulation 16 (qualifying paid work requirement: employee)—
(a) in paragraph (3)(b), for the words after paragraph (ii), substitute “the applicable period” ;
(b) in paragraph (4)—
(i) before the definition of “employment rights enactment”, insert—
“ “ applicable period ” means, in relation to a person (“ P ”) who returns to work from specified leave on a date in the period specified in the first column of the table, the period beginning with the date specified in the corresponding second column of the table and ending with the day before the day on which P returns to work.
| P returns to work from specified leave on a date in the period— | Applicable period begins with— |
|---|---|
(i) beginning with 1st February and ending with the next 30th April | 1st January immediately preceding the start of the period specified in the first column |
(ii) beginning with 1st May and ending with the next 30th September | 1st April immediately preceding the start of the period specified in the first column |
(iii) beginning with 1st October and ending with the next 31st January | 1st September immediately preceding the start of the period specified in the first column; ” ; |
(4) In regulation 27 (period of eligibility for childcare), in paragraph (1)—
(a) in sub-paragraph (a), before “after” omit “on or”,
(b) in sub-paragraph (b), after “ending” insert “with the day” .
Signed by authority of the Secretary of State for Education
David Johnston
Parliamentary Under-Secretary of State (Minister for Children, Families and Well-being)
Department for Education
17th April 2024
S.I. 2022/1134 , amended by S.I. 2023/276 , 1330 and 2024/369 .