# The Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 (S.I. 2022/1134) (the “Principal Regulations”).
Regulation 2(2) corrects an error made when the Principal Regulations were amended by the Childcare (Free of Charge for Working Parents) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/1330) (the “Amendment Regulations”). These Regulations are being issued free of charge to all known recipients of the Amendment Regulations.
The effect of the amendments made by regulation 2(2) is that a person does not have to meet the minimum income requirement in regulation 18 of the Principal Regulations during any period the person is on specified leave (as defined in regulation 16(4)), other than leave of the kind mentioned in regulation 16(3)(b). Regulation 16(3)(b) provides that where a person is on certain types of specified leave started because of the birth or adoption of a child in respect of whom a declaration is being made, the person does not have to meet the minimum income requirement during the period of 31 days ending before the day on which the person returns to work. Regulation 2(3) inserts a new paragraph (3A) to regulation 16, so that a person on leave substantially similar to specified leave under the law of an EEA state or Switzerland is subject to the same provision. This replaces existing regulation 16(3)(c), which is omitted.
Regulation 2(4) of these Regulations amends the definition of “specified leave” in regulation 16(4) of the Principal Regulations to add carer’s leave, introduced by the Carer’s Leave Act 2023 (c. 18).
Regulation 2(5) of these Regulations amends regulation 20 of the Principal Regulations, which provides when a declaration may be made by parents seeking a determination of their eligibility for free childcare. The Amendment Regulations provided for a reduced period of 13 weeks applicable to parents of children who would become eligible on or before 31st March or 31st August 2024. Regulation 2(5) restores the previous period of 16 weeks.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2024/369/note (the official version)
Page: https://openlegislation.uk/childcare-free-of-charge-for-working-parents-england-amendment-regulations-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.