The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023

• Citation: S.I. 2023/276
• Sections: 19

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023.

(2) These Regulations come into force on 30th March 2023, subject as follows—

(a) Part 2 comes into force on 1st September 2023; and

(b) Part 4 comes into force on 1st April 2023.

(3) These Regulations—

(a) extend to England and Wales; and

(b) apply in relation to England.

Section 2 Interpretation

In these Regulations, “ the 2015 Fees and Frequency of Inspections Regulations ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2015 .

Section 3 Amendment to the Childcare (Fees) Regulations 2008

In regulation 10(7) of the Childcare (Fees) Regulations 2008 , for “2023” substitute “2025” .

Section 4 Amendment to the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014

In regulation 1 (citation, commencement and interpretation) of the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2014 , in paragraph (2), in the definition of “early years childminder”, after “the 2006 Act” insert “but as if the definition in that subsection was not subject to subsection (5) of that section” .

Section 5 Amendments to the 2015 Fees and Frequency of Inspections Regulations

The 2015 Fees and Frequency of Inspections Regulations are amended in accordance with the following provisions of this Part.

Section 6 Amendment to regulation 2

In regulation 2 (interpretation), for the definition of “secure children’s home” substitute—

“ secure children’s home ” means—

a children’s home provided for the purpose of restricting liberty and approved for that purpose in accordance with regulation 3 of the Children (Secure Accommodation) Regulations 1991 ; or

(b) a secure 16 to 19 Academy approved under section 1B(4) of the Academies Act 2010 ;

Section 7 Amendment to regulation 23

In regulation 23(1) (children’s homes)—

(a) in sub-paragraph (b), for “26” substitute “20” and for “26th” substitute “20th” ;

(b) in sub-paragraph (c), for “26” substitute “20” .

Section 8 Amendment to regulation 27

In regulation 27 (frequency of inspections), for paragraph (3B) substitute—

(3B) Subsection (3A) does not apply to a secure children’s home.

Section 9 Substitution of certain fees payable under the 2015 Fees and Frequency of Inspection Regulations

In each provision of the 2015 Fees and Frequency of Inspections Regulations specified in column 1 of the table in the Schedule, for the amount specified in column 2 (old fee) substitute the amount specified in column 3 (new fee).

Section 10 Amendments to the Childcare (Free of Charge for Working Parents) (England) Regulations 2022

The Childcare (Free of Charge for Working Parents) (England) Regulations 2022 are amended in accordance with the following provisions of this Part.

Section 11 Amendments to regulation 4

In regulation 4(1) (definitions)—

(a) for the definition of “childminder” substitute—

“ childminder ” means an early years childminder within the meaning given in section 96(4) of the Childcare Act 2006 but as if the definition in that subsection was not subject to subsection (5) of that section;

(b) after the definition of “inspection report” insert—

“ limited capability for work ” means limited capability for work under—

regulation 39 of the Universal Credit Regulations 2013 , or

regulation 40 of the Universal Credit Regulations (Northern Ireland) 2016 ;

“ limited capability for work and work-related activity ” means limited capability for work and work-related activity under—

regulation 40 of the Universal Credit Regulations 2013 , or

regulation 41 of the Universal Credit Regulations (Northern Ireland) 2016 ;

(c) omit the definition of “Social Security Act”;

(d) before the definition of “tax year” insert—

“ specified benefit ” has the meaning given in regulation 11A;

Section 12 Amendment to regulation 10

In regulation 10 (meaning of partner), after paragraph (2) insert—

(3) A person is not a member of the same household as, or living together with, another person if—

(a) the person is absent, and

(b) the absence exceeds, or is expected to exceed, 6 months.

Section 13 Insertion of regulation 11A

After regulation 11 insert—

Meaning of “specified benefit”

(11A)

(1) A “specified benefit” is any of the following—

(a) carer’s allowance under—

(i) section 70 of the Social Security Contributions and Benefits Act 1992 , or

(ii) section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;

(b) carer’s assistance given in accordance with regulations made under section 28 of the Social Security (Scotland) Act 2018 except a young carer grant given under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 ;

(c) the carer element under—

(i) regulation 29 of the Universal Credit Regulations 2013 , or

(ii) regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016 ;

(d) credits for incapacity for work or limited capability for work under—

(i) regulation 8B of the Social Security (Credits) Regulations 1975 , or

(ii) regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975 ;

(e) employment and support allowance under—

(i) section 1 of the Welfare Reform Act 2007 , or

(ii) section 1 of the Welfare Reform Act (Northern Ireland) 2007 ;

(f) long-term incapacity benefit under—

(i) regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , or

(ii) regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995 ;

(g) long-term or short-term incapacity benefit under—

(i) section 30A, 40 or 41 of the Social Security Contributions and Benefits Act 1992 , or

(ii) section 30A, 40 or 41 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;

(h) severe disablement allowance under—

(i) section 68 of the Social Security Contributions and Benefits Act 1992 , or

(ii) section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .

Section 14 Amendments to regulation 14

In regulation 14 (conditions relating to parent)—

(a) in paragraph (4)(a), for “(see regulation 10)” substitute “mentioned in regulation 15(3),” ;

(b) omit paragraph (5).

Section 15 Amendments to regulation 15

(1) In regulation 15 (conditions relating to partner of parent)—

(a) for paragraph (2) substitute—

(2) If a parent of a young child has a partner, the partner must be a person mentioned in paragraph (3) or (4).

(b) After paragraph (2) insert—

(3) A person who—

(a) meets the qualifying paid work requirement in regulation 16 or 17,

(b) does not for the relevant tax year—

(i) expect their adjusted net income to exceed £100,000,

(ii) make a claim under section 809B of the Income Tax Act 2007 (claim for remittance basis to apply), or

(iii) expect section 809E of Income Tax Act 2007 to apply (application of remittance basis without claim: other cases), and

(c) if a foster parent of the young child, has confirmation from the responsible local authority that it is satisfied that engaging in any paid work other than as a foster parent is consistent with the child’s care plan.

(4) A person who is the partner of a parent mentioned in regulation 14(3) and who—

(a) has limited capability for work;

(b) has limited capability for work and work-related activity;

(c) is entitled to a specified benefit; or

(d) is a resident of an EEA State or Switzerland who is, under the law of the EEA State or Switzerland, entitled to a benefit of a kind that is substantially similar to a specified benefit.

Section 16 Amendments to regulation 16 (qualifying paid work requirement: employee)

In regulation 16 (qualifying paid work requirement: employee)—

(a) for paragraph 3(a) substitute—

(a) any period the person is—

(i) a foster parent, or

(ii) on specified leave other than adoption leave of the kind mentioned in sub-paragraph (b);

(b) In paragraph (4)—

(i) in the definition of “adoption leave”, in paragraph (b), for “the Social Security Act” substitute “the Social Security Contributions and Benefits Act” ;

(ii) after the definition of “national insurance number” insert—

“ the Social Security Contributions and Benefits Act ” means either of the following—

the Social Security Contributions and Benefits Act 1992 ;

the Social Security Contributions and Benefits (Northern Ireland) Act 1992

(iii) in the definition of “specified leave”, in paragraph (a) for (i) to (v) substitute—

(i) ordinary or additional maternity leave;

(ii) ordinary or additional adoption leave;

(iii) shared parental leave;

(iv) parental leave;

(v) paternity leave;

(vi) parental bereavement leave;

(iv) in paragraph (b), for “the Social Security Act” substitute “the Social Security Contributions and Benefits Act” .

Section 17 Amendments to regulation 18

In regulation 18 (minimum income requirement), in paragraph (3) in the definition of “relevant period”—

(a) in sub-paragraph (a), for the words from “beginning with” to the end, substitute—

beginning with—

(i) the day on which the declaration relating to the employee is made, or

(ii) if regulation 7(1)(d) applies, the day on which the person expects to be a person mentioned in any of regulation 7(1)(a) to (c);

(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “of three months beginning with the day on which the declaration relating to the employee is made” .

Section 18 Amendment to regulation 45

In regulation 45 (duty to make arrangements with childcare provider chosen by parent), in paragraph (3)(c), for “a childcare agency”, substitute “an early years childminder agency” .

Section 19 Amendment to regulation 47

In regulation 47 (requirements permissible in arrangements), in paragraph (1)(f), for “a childcare agency” substitute “an early years childminder agency” .