Regulation 45 Childcare grant

England and Wales

(1)

An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.

(2)

Subject to paragraphs (3) F1, (3B) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a)

a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b)

a dependent child who has special educational needs within the meaning of F2section 20 of the Children and Families Act 2014 and is under the age of 17 immediately before the beginning of the academic year.

(3)

A does not qualify for a childcare grant if F3... F4—

(a)

F5A or A’s partner has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; F6...

(b)

F7A or A’s partner is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element) F8...

F9(c)

A’s partner has elected to receive financial support for childcare under a healthcare bursary F10... F11; or

F12(d)

A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.

F13(3A)

In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B)

A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(4)

A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

(5)

Subject to F14paragraphs (6) and (8), the basic amount of childcare grant for each week is—

(a)

for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of F15£199.62 per week; or

(b)

for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of F16£342.24 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6)

For the purposes of calculating the basic amount of childcare grant—

(a)

a week runs from Monday to Sunday; and

(b)

where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7)

F17Subject to paragraphs (7A) and (7B), in this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 M1.

F18(7A)

“Prescribed childcare charges” do not include childcare charges in respect of childcare provided by a nanny.

(7B)

Paragraph (7A) does not apply where the Secretary of State has determined that, owing to exceptional circumstances, it would be appropriate for A to incur childcare charges in respect of childcare provided by a nanny.

(7C)

In paragraphs (7A) and (7B), “nanny” means a person who cares for a child in any of the circumstances specified in article 3 of the Childcare (Exemptions from Registration) Order 2008 (and is consequently not required to be registered in either of the childcare registers established by section 32 of the Childcare Act 2006).

F19(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

Subject to paragraph F21... (11), a childcare grant is payable in respect of the four quarters of the academic year.

F22(11)

Where a protected category event which results in a student becoming an eligible student occurs—

(a)

in the course of the first academic year of a course; and

(b)

on or before the course start date,

the student may qualify for a childcare grant in respect of the four quarters of that academic year.

(11A)

Where—

(a)

a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or

(b)

an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.

F23(12)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Word in reg. 45(2) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 18(a)
F2: Words in reg. 45(2)(b) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 39
F3: Words in reg. 45(3) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(a)
F4: Words in reg. 45(3) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(4)
F5: Words in reg. 45(3)(a) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)
F6: Word in reg. 45(3)(a) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)
F7: Words in reg. 45(3)(b) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(c)
F8: Word in reg. 45(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(a)
F9: Reg. 45(3)(c) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(d)
F10: Words in reg. 45(3)(c) omitted (5.3.2026) by virtue of The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 13(2)
F11: Word in reg. 45(3)(c) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(b)(ii)
F12: Reg. 45(3)(d) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(c)
F13: Reg. 45(3A)(3B) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 18(b)
F14: Words in reg. 45(5) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 17
F15: Sum in reg. 45(5)(a) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), reg. 1(b), Sch. 2 (with reg. 2(2)(c)(4))
F16: Sum in reg. 45(5)(b) substituted (6.3.2025) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2025 (S.I. 2025/162), reg. 1(b), Sch. 2 (with reg. 2(2)(c)(4))
F17: Words in reg. 45(7) substituted (with application in accordance with reg. 2(2)(a)(4) of the amending S.I.) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 2(2)(a)(4), 5(a)
F18: Reg. 45(7A)-(7C) inserted (with application in accordance with reg. 2(2)(a)(4) of the amending S.I.) by The Education (Student Fees, Awards, Support and Loan Repayments) (Amendment) Regulations 2026 (S.I. 2026/130), regs. 1(2), 2(2)(a)(4), 5(b)
F19: Reg. 45(8) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)
F20: Reg. 45(9) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)
F21: Words in reg. 45(10) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(b)
F22: Reg. 45(11)(11A) substituted for reg. 45(11) (with application in accordance with reg. 2(4)(5)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2023 (S.I. 2023/74), regs. 1, 19
F23: Reg. 45(12) omitted (1.3.2021) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021 (S.I. 2021/127), regs. 1(1), 10(b)

Marginal citations

M1: Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I.2005/681, S.I. 2005/769, S.I. 2005/2919, S.I.2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I.2007/968, S.I. 2007/2479, S.I. 2008/604, S.I.2008/1879, S.I.2008/2169, S.I.2009/679 and S.I.2009/800) S.I. 2009/2887, S.I. 2010/751, S.I. 2011/721 sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002.