# The Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014, Article 2: Description of children entitled to be provided with mandatory amount of early learning and childcare


(1) A child is of a specified description if the child—
(a) has attained the starting point for 3 year olds; and
(b) does not fall within paragraph (6).
(2) A child is of a specified description if—
(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and
(b) the child’s parent is in receipt of one or more qualifying benefits on the day on which the child attains the starting point for 2 year olds.
(3) A child is of a specified description if—
(a) the child has attained the starting point for 2 year olds but has not attained the starting point for 3 year olds; and
(b) the child’s parent starts receiving one or more qualifying benefits after the starting point for 2 year olds.
(4) Where paragraph (3) of this article applies the child shall be of a specified description from the first day of the term of the school year commencing immediately after the child’s parent first receives one or more qualifying benefits.
(5) A child shall remain of a specified description by virtue of paragraphs (2) and (3) of this article notwithstanding that a child’s parent ceases to be in receipt of one or more qualifying benefits.
(6) A child falls within this paragraph where—
(a) the child’s birthday falls in the period beginning on 1st August and ending on 31st December; and
(b) the date of commencement of the school year in the year of the child’s fifth birthday has been reached.

---
Source: https://www.legislation.gov.uk/sdsi/2014/9780111023945/article/2 (the official version)
Page: https://openlegislation.uk/draft-provision-of-early-learning-and-childcare-specified-children-scotland-order-2014/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.