Regulation 37 Early years 96% requirementI1

England and Wales

(1)

In determining budget shares and amounts allocated in accordance with regulation 11(9), a local authority must comply with the formula set out in paragraph (2) separately for each relevant group.

(2)

The formula is (A – B) / C is no less than 96% of D, where—

(a)

A is the total of—

(i)

all budget shares and amounts determined by the local authority under regulation 11(9) in respect of the relevant group;

(ii)

any amount deducted by the local authority under paragraph 27 of Schedule 2 (early years contingency fund), which it intends to distribute to early years providers in respect of the relevant group; and

(iii)

any amount of the local authority’s special educational needs inclusion fund which the local authority intends to distribute to early years providers in respect of the relevant group;

(b)

B is the total of—

(i)

where the calculation is being made in respect of three and four year olds, the maintained nursery school supplement;

(ii)

any amount included in accordance with regulation 34(1) or (6) (early years pupil premium) in respect of the relevant group; and

(iii)

any amount included in accordance with regulation 35(1) (disability access fund) in respect of the relevant group;

(c)

C is the total number of hours of attendance of children in the relevant group predicted by the local authority under regulation 32(1) (special arrangements for early years pupils and children); and

(d)

D is the hourly unit funding rate in relation to the relevant group, notified to the local authority in the early years block.

(3)

A local authority may alter the operation of this regulation if authorised to do so by the Secretary of State under regulation 42(1)(q).

Annotations

Commencement

I1: Reg. 37 in force at 17.2.2025, see reg. 1(2)