# The Universal Credit Regulations 2013, Regulation 35: Meaning of “relevant childcare”


(1) “Relevant childcare” means any of the care described in paragraphs (2) to (5) other than care excluded by paragraph (7) or (8).
(2) Care provided in England for a child—
(a) by a person registered under Part 3 of the Childcare Act 2006; or
(b) by or under the direction of the proprietor of a school or a local authority on school premises out of school hours.
(3) Care provided in Scotland for a child—
(a) by a person in circumstances in which the care service provided by the person consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 1 of that Act;
(b) by a childcare agency where the care service consists of or includes supplying, or introducing to persons who use the service, childcarers within the meaning of section 2(7) and (8) of the Regulation of Care (Scotland) Act 2001; or
(c) by a local authority in circumstances in which the care service provided by the local authority consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 1 of that Act.
(4) Care provided in Wales for a child—
(a) by a person registered under Part 2 of the Children and Families (Wales) Measure 2010;
(b) in circumstances in which, but for article 11, 12 or 14 of the Child Minding and Day Care Exceptions (Wales) Order 2010, the care would be day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010;
(c) by a childcare provider approved in accordance with a scheme made by the National Assembly for Wales under section 12(5) of the Tax Credits Act 2002;
(d) by or under the direction of the proprietor of a school or a local authority on school premises;
(e) by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004; or
(f) by a foster parent in relation to the child (other than one whom the foster parent is fostering) in circumstances in which the care would be child minding or day care for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 but for the fact that the child is over the age of the children to whom that Measure applies.
(5) Care provided anywhere outside Great Britain by a childcare provider approved by an organisation accredited by the Secretary of State.
(6) In paragraphs (2)(b) and (4)(d)—
(a) “proprietor”, in relation to a school, means—
(i) the governing body incorporated under section 19 of the Education Act 2002, or
(ii) if there is no such governing body, the person or body of persons responsible for the management of the school; and
(b) “school premises” means premises that may be inspected as part of an inspection of the school.
(7) The following are not relevant childcare—
(a) care provided for a child by a close relative of the child, wholly or mainly in the child’s home; and
(b) care provided by a person who is a foster parent of the child.
(8) Care is not within paragraph (2)(a) if it is provided in breach of a requirement to register under Part 3 of the Childcare Act 2006.
(9) In this regulation “child” includes a qualifying young person mentioned in regulation 33(1)(a)(ii).

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Source: https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/35 (the official version)
Page: https://openlegislation.uk/draft-universal-credit-regulations-2013/regulation-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.