{
  "url": "https://openlegislation.uk/childcare-payments-eligibility-amendment-regulations-2016/note",
  "json_url": "https://openlegislation.uk/childcare-payments-eligibility-amendment-regulations-2016/note.json",
  "legislation": "uksi/2016/793",
  "legislation_title": "The Childcare Payments (Eligibility) (Amendment) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/childcare-payments-eligibility-amendment-regulations-2016",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Childcare Payments (Eligibility) Regulations 2015 (S.I. 2015/448) (“the 2015 Regulations”) which contain the detailed requirements a person must satisfy in order to be able to receive top-up payments under the Childcare Payments Act 2014 (c. 28) (“the Act”).\nRegulation 3(a) amends regulation 2 of the 2015 Regulations and changes the definition of “minimum weekly income”. It raises the minimum income parents must earn per week to be eligible for top-up payments from 8 to 16 hours at the hourly rate set out in the National Minimum Wage Regulations 2015 (S.I. 2015/621). The single hourly rate for persons over 25 is now known as the National Living Wage rate.\nRegulation 3(b) amends the definition of “personal independence payment” (“PIP”) by adding a definition for Northern Ireland following the introduction of PIP’s from 20th June 2016 in Northern Ireland.\nRegulation 4 amends regulation 12 of the 2015 Regulations which is concerned with the condition that a person (and their partner) must be in qualifying paid work and it treats certain persons as satisfying the condition during periods when they receive statutory sick pay, maternity or paternity pay or when a person is on statutory leave for reasons connected with the birth or adoption of a child. The amendments update cross references to the relevant Northern Ireland legislation the effect of which was to replace additional paternity leave with shared parental leave since 5th April 2015.\nRegulation 4(b) updates cross references to Northern Ireland legislation that refers to entitlement to shared parental leave in connection with birth and adoption.\nRegulation 5 amends regulation 15 of the 2015 Regulations by lowering the maximum level of income for eligibility under the Act from £150,000 to £100,000 per parent, per year including special provision for persons who are not domiciled in the UK and who are subject to the remittance basis for income tax. Regulation 5(c) replaces the definition of “hypothetical net income”, with a definition of “adjusted net income” and a definition of “hypothetical adjusted net income” which is a new term used in the amended regulation 15(2) of the 2015 Regulations referring to the amount of income of those persons who are not domiciled in the UK.\nA full Impact Assessment of the effect that the childcare payments scheme will have on the costs of business and the voluntary sector was published on 18th November 2014 alongside The Childcare Payments Act 2014 and is available from the gov.uk website at https://www.gov.uk/government/publications/tax-free-childcare-impact-assessment. It remains an accurate summary of the impacts that apply to this instrument.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/793/note",
    "retrieved_at": "2026-10-28T23:21:13.861805+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}