Childcare Support
CHILDCARE SUPPORT ACT 2018
REVISED
Updated to 2 January 2023
An Act to provide for the establishment of a scheme to be known as the Affordable Childcare Scheme under which financial support may be made available to persons in respect of childcare out of resources allocated to the Minister for the purposes of the Scheme and to provide for related matters.
[2nd July , 2018]
Be it enacted by the Oireachtas as follows:
Interpretation
1. (1) In this Act—
“Act of 1991” means the Child Care Act 1991;
“Act of 2005” means the Social Welfare Consolidation Act 2005;
“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;
“Act of 2015” means the International Protection Act 2015;
“application for financial support” means an application for financial support under section 9;
“applicant” means a person who has made an application under section 9;
“approved childcare services provider” has the meaning assigned to it by section 8;
“child” means a person under the age of 18 years;
“childcare service” means a service providing a pre-school service or a school age service;
“childcare services provider” means the provider of a pre-school service or a school age service whose name is entered in the register of prescribed early years services established and maintained in accordance with section 58C of the Act of 1991;
“civil partner” shall be construed in accordance with section 3 of the Act of 2010;
“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;
“couple” means—
(a) two persons who are married to each other,
(b) two persons who are civil partners of each other, or
(c) two persons who are cohabitants,
who are habitually living together;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol to Agreement done at Brussels on 17 March 1993;
“financial support” means a payment made by the scheme administrator to an approved childcare services provider in accordance with the Scheme to assist a person in meeting the cost of childcare services and, where the context so requires, includes—
(a) income-related or non-income related financial support the subject of a determination under section 12, and
(b) financial support the subject of an agreement under section 14;
“income-related financial support” means financial support calculated on the basis of an assessment of the income of an applicant and his or her partner;
“Minister” means the Minister for Children and Youth Affairs;
“non-income related financial support” means financial support that is not calculated on the basis of the income of an applicant or his or her partner and does not include financial support under section 14;
“parent” includes a person acting in loco parentis;
“partner”, in relation to a person who is a member of a couple, means the person who is the other member of the couple;
“personal public service number” has the same meaning as it has in the Act of 2005;
“prescribed” means prescribed by regulations made by the Minister;
“Scheme” means the Affordable Childcare Scheme established under section 2;
“scheme administrator” means a body appointed under section 3;
“school” has the same meaning as it has in the Education Act 1998;
“statutory body” means—
(a) a Minister of the Government,
(b) a local authority within the meaning of the Local Government Act 2001,
(c) a body established by or under statute,
(d) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or
(e) a company in which all the shares are held by a board, company, or other body referred to in paragraph (c) or a company referred to in paragraph (d) of this definition.
F1[“United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man and “citizen of the United Kingdom of Great Britain and Northern Ireland” shall be construed accordingly;]
(2) In this Act any reference to a partner of a person shall apply only if the person is a member of a couple.
Annotations:
Amendments:
F1
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 129, S.I. No. 676 of 2020).
Establishment of Scheme
2. (1) On the coming into operation of this section there is established a scheme to be known as the Affordable Childcare Scheme (in this Act referred to as the “Scheme”) to be operated under and in accordance with this Act.
(2) The Scheme is established for the purpose of providing financial support under this Act in respect of childcare services in accordance with this Act out of the resources allocated to the Scheme in each year in accordance with subsection (4) and shall consist of the provision of financial support in respect of childcare services for the purposes of and in accordance with the provisions of this Act and any regulations made thereunder.
(3) It shall be a function of the scheme administrator to operate and administer the Scheme.
(4) In the financial year 2019 and in each subsequent financial year the Minister shall, out of such monies as are available to the Minister for that financial year from monies provided by the Oireachtas, allocate such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, to the scheme administrator for the provision of financial support under this Scheme in that financial year.
Scheme administrator
3. (1) Subject to subsection (2), the Minister may appoint a body to perform the functions of a scheme administrator subject to such conditions as the Minister thinks fit and specifies in the appointment.
(2) A scheme administrator may be one of the following:
(a) a board, authority or other body established by or under an enactment (other than the Companies Acts) whose functions include the administration of schemes of payments;
(b) a company under the Companies Acts, in which all the shares are held by or on behalf of or jointly with—
(i) a Minister of the Government,
(ii) directors appointed by a Minister of the Government, or
(iii) a board, authority or other body referred to in paragraph (a),
or
(c) a company under the Companies Acts that is limited by guarantee without share capital, and in which directors are appointed by—
(i) the Government or a Minister of the Government, or
(ii) a board, authority or other body referred to in paragraph (a).
Functions of scheme administrator
4. (1) In addition to performing any other functions conferred on it by or under this Act, the scheme administrator shall—
(a) assess, review and inform the Minister of resources required by it for the purposes of performing its functions under this Act,
(b) keep all proper and usual accounts of monies received by it, and expenditure of such monies incurred by it, in relation to the Scheme, and
(c) furnish to the Minister any specified information in relation to the institution of proceedings for recovery of debt.
(2) The scheme administrator has all such powers as are necessary for or incidental to the performance of its functions under this Act.
(3) The scheme administrator may, with the consent of the Minister, issue guidelines consistent with this Act, whether relating to the performance of a function of the scheme administrator or otherwise, for the purpose of providing practical guidance in respect of any provision of this Act or regulations made under it.
(4) The scheme administrator shall arrange for guidelines issued under this section to be published in such manner as the scheme administrator considers appropriate.
Governance
5. (1) The Minister may from time to time issue directions to the scheme administrator as respects the Scheme, and, in performing any functions conferred on it by or under this Act, the scheme administrator shall comply with any such directions.
(2) The Minister shall from time to time appoint persons to carry out periodic inspections, reviews and audits in relation to the performance by the scheme administrator of its functions under this Act and to furnish a report in relation to such inspections, reviews and audits to the Minister, and the persons so appointed shall carry out such inspections and reviews and furnish such reports accordingly.
Agreements relating to performance of certain functions
6. (1) Subject to subsection (7), the scheme administrator may by an agreement entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by such person, subject to such terms and conditions (if any) as may be so specified, of such functions conferred on the scheme administrator by or under this Act as may be so specified.
(2) An agreement under this section may include provision for payments (if any) to be made to and the disposal of such payments by the person concerned for the purpose of the performance of a function specified in the agreement.
(3) An agreement under this section shall operate, so long as it continues in force, to confer on and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.
(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the scheme administrator.
(5) A function conferred on a person by an agreement under this section shall, notwithstanding the agreement concerned, continue to be vested in the scheme administrator but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.
(6) The conferral on a person by an agreement under this section of a function of the scheme administrator shall not remove or derogate from the scheme administrator’s responsibility to the Minister for the performance of the function.
(7) Before entering an agreement under subsection (1) the scheme administrator shall, in relation to the agreement and any terms and conditions contained therein—
(a) consult with the Minister, and
(b) obtain the prior approval of the Minister.
Persons eligible to apply for financial support
7. (1) For the purposes of this Act, a person may make an application for financial support in respect of a child if—
(a) the person or his or her partner is a parent of the child,
(b) the person or his or her partner is—
(i) ordinarily resident in the State, or
(ii) an applicant within the meaning of section 2 of the Act of 2015, or
(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or
F2[(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or]
(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or
F3[(iva) a citizen of the United Kingdom of Great Britain and Northern Ireland, or]
(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/20041 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,
(c) the child is under the age of 15 years,
(d) the person or his or her partner has care of the child for the period of time each week in respect of which the financial support is payable,
(e) the person and the child have a personal public service number,
(f) the person is not in receipt of financial support under section 14 in respect of that child, and
(g) in the case of income-related financial support, the person’s partner and any other children who reside with him or her have a personal public service number.
(2) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.
Annotations:
Amendments:
F2
Inserted (26.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 25(a), S.I. No. 374 of 2022.
F3
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 130, (S.I. No. 676 of 2020).
Editorial Notes:
E1
Previous affecting provision: subs. (1)(b)(iva) inserted by Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019), s. 10, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(b), S.I. No. 634 of 2020.
1 OJ No. L 166 30. 4.2004
Approved childcare services provider
8. (1) In this Act “approved childcare services provider” means a childcare services provider in respect of which there is in force an agreement between the provider and the Minister as to the conditions under which financial support is to be paid for the purpose of receiving payments under the Scheme.
(2) Without prejudice to the generality of subsection (1), an agreement under this section may specify—
(a) the conditions and circumstances for the payment of financial support to an approved childcare services provider by the scheme administrator and for its increase, reduction, withdrawal or discontinuance,
(b) conditions and restrictions in relation to the use by approved childcare services providers of financial support,
(c) the manner and means of accounting for and recording financial support,
(d) requirements as to the qualifications of the staff providing childcare services,
(e) requirements as to the standard of care of children while attending such services,
(f) requirements as to the facilities available to the children attending such services,
(g) requirements as to the keeping of records of attendance of children at such services,
(h) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.
Application for financial support
9. (1) An eligible person may make an application to the scheme administrator for income-related or non-income related financial support or both.
(2) It shall be a condition of every application for financial support that the applicant, and in the case where that applicant is a member of a couple, the applicant and his or her partner, shall furnish all information which the scheme administrator may request in connection with the consideration of the application.
(3) An application for financial support shall—
(a) be in such form as may be specified by the scheme administrator,
(b) specify the name of the applicant and the child and the address at which they ordinarily reside and other contact details,
(c) specify the personal public service number of the applicant and of the child in respect of whom an application is made,
(d) in the case of an application for income-related financial support, specify the name of the applicant’s partner and his or her personal public service number and the names and personal public service numbers of any other children under the age of 15 years who reside with the applicant or with his or her partner and in relation to whom the applicant or his or her partner is a parent,
(e) specify the dates of birth of the applicant and, where applicable, his or her partner and the children referred to in paragraphs (c) and (d),
(f) specify the class in which the child is enrolled at school or whether he or she is enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills,
(g) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant,
(h) in the case of an application for income-related financial support, specify the name and address of the employer or education or training provider, as may be appropriate, of the applicant’s partner, and
(i) contain such other information that the scheme administrator may require in relation to the applicant, his or her partner and children under the age of 15 years in order that the scheme administrator may determine whether or not the applicant is eligible to apply for financial support and the amount of the financial support the applicant is qualified to receive.
(4) The scheme administrator may refuse an application for financial support if—
(a) the application does not comply with subsection (1), (2) or (3),
(b) the applicant or his or her partner fails to provide the scheme administrator with such information as may be specified in the application form or such additional information as the scheme administrator may reasonably require to enable it to determine the application,
(c) the applicant or his or her partner fails to authorise the scheme administrator to contact his or her employer or education or training provider, as may be appropriate, to verify the information provided by the applicant or his or her partner, or
(d) the applicant or the applicant’s partner fails to satisfy the scheme administrator as to his or her identity or as to the identity of any children named in the application for financial support.
(5) Where the scheme administrator refuses under subsection (4) an application for financial support, it shall, not later than 20 working days after the refusal, give the applicant notice in writing or by electronic means of the decision and the reasons for the decision.
(6) Any person who knowingly, or recklessly, provides the scheme administrator with information which is false or misleading in a material particular in, with, or in connection with, an application for financial support shall be guilty of an offence.
(7) In this section “eligible person” means a person to whom section 7 applies.
Information to be given by employers and education and training providers to scheme administrator
10. (1) An employer or an education or training provider of an applicant or his or her partner shall give to the scheme administrator in writing in respect of that applicant or his or her partner such particulars relating to the employment of the applicant or his or her partner or the courses attended by the applicant or his or her partner, as may be appropriate, as are required by the scheme administrator to verify information as to whether the applicant or his or her partner is currently employed or enrolled in a course of education or training as stated in the application.
(2) Regulations may specify the particulars which shall be given under subsection (1) and prescribe the manner in which those particulars shall be so given.
(3) A person who fails to comply with this section or regulations made under subsection (2) shall be guilty of an offence.
Annotations:
Editorial Notes:
E2
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Information to be Given by Employers and Education and Training Providers to the Scheme Administrator) Regulations 2019 (S.I. No. 377 of 2019), in effect as per reg. 1(2).
Assessment of income
11. (1) Upon receipt of an application in respect of income-related financial support that is made in accordance with section 9, the scheme administrator shall, if it is satisfied that the applicant is eligible under section 7 to make the application, carry out an assessment of the income of the applicant and his or her partner.
(2) In carrying out an assessment under this section, the scheme administrator shall establish the annual income of a person—
(a) by using the definition of income specified in Schedule 1, and
(b) by deducting the allowable deductions specified in that Schedule.
(3) The Minister may make regulations for the purposes of this section and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision in relation to all or any of the following matters:
(a) the method by which the scheme administrator shall assess the income and allowable deductions referred to in subsection (2);
(b) the giving of information and documentation to the scheme administrator for the purpose of making an assessment of income under this section;
(c) the period for which the assessment of income will be made;
(d) any other matters which appear to the Minister to be necessary or expedient for the purposes of this section.
Annotations:
Editorial Notes:
E3
Power pursuant to section exercised (28.10.2019) by Childcare Support Act 2018 (Assessment of Income) (Amendment) Regulations 2019 (S.I. No. 528 of 2019), in effect as per reg. 1(2).
E4
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Assessment of Income) Regulations 2019 (S.I. No. 373 of 2019), in effect as per reg. 1(2).
Determination of application for financial support
12. (1) Where the scheme administrator determines that an applicant is eligible to apply for financial support in respect of a child the subject of the application, the scheme administrator shall calculate the amount (if any) of the financial support that the applicant is qualified to receive in accordance with the method of calculation set out in regulations under section 13 and it shall give notice in writing or by electronic means to the applicant of the determination and the notice shall include a statement of the maximum number of hours and the rate per hour that the applicant is qualified to receive under the determination (including a statement of any variation in the maximum number of hours or the rate per hour) and, in the case of an application for income-related support, the amount of income upon which the calculation was made.
(2) Where the scheme administrator determines that an applicant is not eligible to apply for financial support or is not qualified to receive any financial support for which he or she has applied, it shall give notice in writing or by electronic means to the applicant of the determination and the reasons for the decision and of the applicant’s right to seek a review of the determination under section 17.
(3) Subject to section 17, a determination under this section shall be valid for the period of 12 months from the date of its making or such lesser period as may be stated in the notice given under this section.
Calculation of amount of financial support
13. (1) Where the scheme administrator makes a determination under section 12 that an applicant is eligible to apply for financial support in respect of a child the subject of the application, the amount (if any) of the financial support for which the applicant qualifies (including any variation in any such amount) shall be calculated in accordance with regulations under subsection (2).
(2) The Minister may, with the consent of the Minister for Public Expenditure and Reform, make regulations for the purposes of this section and, in particular, but without prejudice to the generality of the foregoing, regulations under this section may make provision for all or any of the following matters:
(a) the amounts per hour of non-income related financial support;
(b) the maximum amounts per hour of income-related financial support;
(c) the income limit for qualification for income-related financial support;
(d) the methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated;
(e) the maximum number of hours in respect of which an applicant may qualify for financial support;
(f) the definitions of work and study for the purposes of the Scheme; and
(g) the circumstances in which an applicant and his or her partner shall be deemed to be unavailable to care for the child the subject of the application.
(3) In making the regulations under subsection (2), the Minister shall have regard to the availability of resources.
(4) In specifying the amounts per hour of non-income related financial support, and the maximum amounts per hour of income-related financial support, the Minister shall also have regard to:
(a) the age of the child the subject of the application;
(b) the stage of education of the child the subject of the application; and
(c) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the resources available and the objective of enabling children to attend childcare services.
(5) In specifying the methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated, the Minister shall have regard to—
(a) the maximum amounts per hour,
(b) the amounts per hour of non-income related financial support,
(c) the income limit for qualification for income-related financial support,
(d) the income of the applicant and his or her partner, and
(e) the number of children under the age of 15 years who reside with the applicant or with his or her partner and in relation to whom the applicant or his or her partner is a parent.
(6) In specifying the maximum number of hours in respect of which an applicant may qualify for financial support under the Scheme, the Minister shall have regard to—
(a) any other financial support paid under the Scheme in relation to the child the subject of the application,
(b) in the case of income-related financial support, the extent of the participation of the applicant and his or her partner in work or study,
(c) in the case of income-related financial support, any change of circumstances in work or study of the applicant and his or her partner including the commencement, interruption or cessation of such work or study,
(d) in the case of income-related financial support, the unavailability of the applicant and his or her partner to care for the child,
(e) the period of time each week that the child the subject of the application is enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills, or the period of time each week that the child is eligible to be enrolled in such a programme, and
(f) the period of time each week that the child the subject of the application is enrolled in a school or is eligible to be enrolled in a school.
Annotations:
Editorial Notes:
E5
Power pursuant to section exercised (2.01.2023) by Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 3) Regulations 2022 (S.I. No. 701 of 2022), in effect as per reg. 2.
E6
Power pursuant to section exercised (29.08.2022) by Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 2) Regulations 2022 (S.I. No. 367 of 2022), in effect as per reg. 2.
E7
Power pursuant to section exercised (2.05.2022) by Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment) Regulations 2022 (S.I. No. 198 of 2022), in effect as per reg. 2.
E8
Power pursuant to section exercised (4.02.2020) by Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment) Regulations 2020 (S.I. No. 33 of 2020), in effect as per reg. 1(2).
E9
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Calculation of Amount of Financial Support) Regulations 2019 (S.I. No. 378 of 2019), in effect as per reg. 2.
Provision for vulnerable children
14. (1) The Minister may enter into an agreement with a statutory body specified in column (1) of Schedule 2 for the purposes specified in column (2) of that Schedule opposite the reference to that statutory body specified in column (1) thereof upon such terms and conditions as may be specified in the agreement in relation to the provision by the Minister of financial support.
(2) Without prejudice to the generality of subsection (1), an agreement under this section may—
(a) specify the information and documentation to be provided by the statutory body to the scheme administrator and the means by which it is to be provided,
(b) specify the conditions and circumstances under which a financial contribution will be payable by the statutory body under the terms of the agreement,
(c) specify the class or classes of children by reference to age or social circumstances or developmental needs intended to benefit from childcare services under the terms of the agreement,
(d) specify the amount of financial support to be paid by the scheme administrator,
(e) specify the terms of agreements to be made with approved childcare services providers,
(f) specify the period for which the agreement shall have effect and provide for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement,
(g) specify the number of hours of childcare to which the financial support relates, and
(h) specify the period for which financial support shall be paid in respect of a child identified by the body under this section.
(3) In specifying the terms and conditions of an agreement under this section, the Minister and the statutory body concerned shall have regard to the objective of the provision of stability for children attending childcare services.
Payment of financial support
15. (1) Subject to subsection (2), the scheme administrator shall arrange to pay financial support to an approved childcare services provider with whom a parent or a statutory body, as may be appropriate, has entered into an agreement to provide childcare services in respect of a child the subject of a determination under section 12 or an agreement under section 14.
(2) A payment shall not be made in respect of a child the subject of a determination under section 12 if—
(a)the child is under the age of 24 weeks or over the age of 15 years, or
(b) neither the applicant nor his or her partner has care of the child for the period of time each week in respect of which the financial support is payable, or
(c) neither the applicant nor his or her partner is—
(i) ordinarily resident in the State, or
(ii) an applicant within the meaning of section 2 of the Act of 2015, or
(iii) a programme refugee within the meaning of section 59 of the Act of 2015, or
F4[(iiia) a person who has been given a permission to reside in the State under section 60(6) of the Act of 2015, which permission is valid, or]
(iv) a national of a Member State of the European Union, of the Swiss Confederation or of a State which is a contracting State to the EEA Agreement, or
F5[(iva) a citizen of the United Kingdom of Great Britain and Northern Ireland, or]
(v) formerly employed or self-employed in the State, provided that the formerly employed or self-employed person continues to be covered against one of the contingencies listed in Article 3 of Regulation 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, whether by means of a statutory entitlement under the Act of 2005 or through a voluntary contract of insurance,
or
(d) the applicant is in receipt of financial support under section 14 in respect of that child.
(3) The Minister may make regulations for the purposes of subsection (1).
(4) Without prejudice to the generality of subsection (3), regulations under this section may—
(a) specify the conditions and circumstances for the making of payments of financial support by the scheme administrator under the Scheme and for their increase, reduction, withdrawal, continuance or discontinuance,
(b) specify the conditions and circumstances for the making of payments by the applicant to the childcare services provider with whom he or she has entered into an agreement for the provision of childcare services,
(c) specify the information and documentation required to be provided by applicants and approved childcare services providers to the scheme administrator in connection with payments of financial support under the Scheme,
(d) specify the form and manner in which records are to be maintained by approved childcare services providers in relation to financial support paid or payable to them under the Scheme,
(e) specify the manner in which financial support is to be paid by the scheme administrator under the Scheme, including the frequency of payments of such financial support,
(f) make provision for any matters consequential on, or incidental to, the foregoing.
(5) For the purposes of this section, a person who does not have a right to reside in the State shall not be regarded as being ordinarily resident in the State.
Annotations:
Amendments:
F4
Inserted (26.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 25(b), S.I. No. 374 of 2022.
F5
Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 131, S.I. No. 676 of 2020.
Editorial Notes:
E10
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Payment Of Financial Support) Regulations 2019 (S.I. No. 375 of 2019), in effect as per reg. 1(2).
E11
Previous affecting provision: subs. (2)(c)(iva) inserted by Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019), s. 10, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(b), S.I. No. 634 of 2020.
Change of circumstances
16. (1) Where an applicant becomes aware that by reason of any change in his or her circumstances or in the circumstances of his or her partner or the circumstances of the child the subject of the application—
(a) it is no longer possible to comply with the conditions specified in section 15 (2), or
(b) in the case of income-related financial support, the applicant or his or her partner has ceased to participate in work or study,
he or she shall as soon as may be notify the scheme administrator in writing or by electronic means of the change in circumstances.
(2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence.
Reviews
17. (1) The scheme administrator may arrange for a review to be carried out in relation to one or more of the matters specified in subsection (2) either—
(a) of its own initiative,
(b) at the request of an applicant or a person in receipt of financial support under section 14, or
(c) at the request of an approved childcare services provider.
(2) In carrying out a review under subsection (1) the scheme administrator may examine any or all of the following:
(a) the eligibility of a person to make an application under section 7;
(b) the eligibility of an applicant to continue to receive financial support under section 15;
(c) the amount of the financial support specified in a determination under section 12;
(d) information provided during the application process;
(e) the number of hours of childcare services provided in any week by the childcare services provider for a child in relation to whom financial support is paid;
(f) the amount of financial support paid each week;
(g) the amount charged by the childcare services provider to the parent of a child in respect of whom financial support is paid;
(h) the period of validity of a determination under section 12.
(3) In carrying out a review referred to in subsection (1), the scheme administrator may require an applicant or a person in receipt of financial support under section 14 or a childcare services provider to provide documentation in relation to any matter that may be relevant to a decision by the scheme administrator in relation to the matter under review.
(4) Where the scheme administrator, having carried out a review under subsection (1), is satisfied that a determination previously made by the scheme administrator in relation to the matter under review should be altered, it may decide that the determination be altered accordingly.
(5) An alteration referred to in subsection (4) shall, subject to subsection (6), and unless the scheme administrator otherwise decides (in particular in any case where there has been a contravention of any requirement of this Act relevant to the matter the subject of the review), have effect from the date the decision is made under subsection (4).
(6) Where a decision under subsection (4) results in the amount the applicant is qualified to receive under section 12 being reduced, the scheme administrator shall not implement that decision before the expiration of 20 working days after the date on which it has given notice of the decision under subsection (7).
(7) Where the scheme administrator makes a decision under subsection (4), it shall, not later than 10 working days after the date of the decision, give notice of that decision in writing or by electronic means to the person who requested the review, stating the reasons for the decision.
(8) The Minister may prescribe procedures to be observed in respect of the conduct of reviews under this section including procedures relating to time limits for the making and determination of reviews and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and the scheme administrator shall comply with those procedures.
Annotations:
Editorial Notes:
E12
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Reviews) Regulations 2019 (S.I. No. 370 of 2019), in effect as per reg. 1(2).
Authorised officers
18. (1) The scheme administrator may, with the consent of the Minister, appoint such and so many persons as he or she considers appropriate to be an authorised officer or authorised officers for the purposes of this Act.
(2) A person appointed to be an authorised officer under this section shall on his or her appointment be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Act shall, if requested by any person affected thereby, produce such warrant to that person for inspection.
(3) An appointment under this section shall cease—
(a) if the scheme administrator revokes the appointment,
(b) if the appointment is for a fixed period, on the expiry of that period, or
(c) if the person appointed is a member of staff of the scheme administrator, when that person ceases to be a member of the staff of the scheme administrator.
Powers of authorised officers
19. (1) For the purposes of this Act, an authorised officer may—
(a) subject to subsection (3), enter at all reasonable times any premises—
(i) that he or she has reasonable grounds for believing has been or is being used in connection with the provision of childcare services by an approved childcare services provider, or
(ii) at which he or she has reasonable grounds for believing that books, records or documents relating to the provision of such childcare services are kept,
(b) at such premises, inspect and take copies of, any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection,
(c) remove any such books, documents or records from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,
(d) require any person at the premises concerned, including the owner or person in charge of that premises, to give the authorised officer such information and assistance as the authorised officer may reasonably require for the purposes of his or her functions under this Act,
(e) require any person at the premises concerned, including the owner or person in charge of that place or premises, to produce to the authorised officer such books, documents or other records (and in the case of books, documents or records stored in non-legible form, a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as he or she may reasonably require for the purposes of his or her functions under this Act, and
(f) require any person, whom the authorised officer has reasonable grounds for believing to be, or to have been, an employer or employee, to answer such questions as the authorised officer may ask relative to any matter under this Act and to make a declaration of the truth of the answers to those questions.
(2) When performing a function under this Act, an authorised officer may, subject to any warrant under subsection (4), be accompanied by such number of other authorised officers or members of the Garda Síochána as he or she considers appropriate.
(3) An authorised officer shall not enter a dwelling, other than—
(a) with the consent of the occupier, or
(b) pursuant to a warrant under subsection (4).
(4) Upon the sworn information of an authorised officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, documents or other records (including information, books, documents or records stored in non-legible form) required by an authorised officer under this section is or are held at any dwelling, issue a warrant authorising a named authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by the use of reasonable force) the dwelling and perform the functions of an authorised officer under paragraphs (b), (c), (d), (e) and (f) of subsection (1).
(5) A person shall be guilty of an offence if he or she—
(a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (4) or impedes the exercise by the authorised officer or member, as the case may be, of such power, or
(b) fails or refuses to comply with a requirement of an authorised officer or member of the Garda Síochána pursuant to paragraph (d) or (f) of subsection (1), or in purported compliance with such requirement gives information or makes a declaration to the authorised officer or member that he or she knows to be false or misleading in any material respect.
(6) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Act, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.
(7) A statement or admission made by a person pursuant to a requirement under subsection (1)(d) or (f) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).
Appeals
20. (1) A person (“the appellant”) aggrieved by a decision of the scheme administrator under section 17 may appeal against the decision by giving the scheme administrator a notice in the specified form stating the reasons for the appeal.
(2) (a) The scheme administrator, with the consent of the Minister, shall appoint a panel of suitable persons to consider appeals received under subsection (1).
(b) Where the scheme administrator receives an appeal under subsection (1), it shall appoint a suitable person from the panel referred to in paragraph (a) to consider the appeal.
(3) The person appointed pursuant to subsection (2) to consider an appeal under subsection (1) shall—
(a) be independent in the performance of the person’s functions under this Act as a person so appointed,
(b) not be confined to the grounds on which the decision of the scheme administrator was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time,
(c) consider any written objections made by the appellant in support of the appeal,
(d) make a decision (“relevant decision”) in writing or by electronic means determining the appeal, which may be a decision to—
(i) confirm the decision the subject of the appeal,
(ii) revoke that decision and replace it with such other decision as the person thinks appropriate, or
(iii) refer the matter concerned back to the scheme administrator for reconsideration in accordance with such directions as the person thinks appropriate,
(e) send a copy of the relevant decision to the appellant and the scheme administrator together with the person’s reasons for the relevant decision, and
(f) give the scheme administrator such directions as the person thinks appropriate.
(4) A person (including the scheme administrator) aggrieved by the relevant decision may appeal to the High Court against the decision on a point of law.
(5) The scheme administrator shall, on complying with any direction given under subsection (3)(d)(iii) or (f), give notice in writing or by electronic means to the appellant concerned of the scheme administrator’s compliance with the direction.
(6) The Minister may prescribe procedures to be observed in respect of the making and determination of appeals under this section including procedures relating to time limits for the making and determination of appeals and any ancillary, supplemental or consequential matters as may be necessary to give full effect to this section and a person appointed to consider an appeal under this section shall comply with those procedures.
Annotations:
Editorial Notes:
E13
Power pursuant to section exercised (2.09.2019) by Childcare Support Act 2018 (Appeals) Regulations 2019 (S.I. No. 371 of 2019), in effect as per reg. 1(2).
Recovery of payment of financial support
21. (1) Where it comes to the knowledge of the scheme administrator that—
(a) all or part of the payment of financial support in respect of a child has been procured through fraud or misrepresentation, or
(b) there has been an overpayment of financial support in respect of a child,
then the amount of that financial support so procured, or of that overpayment, as the case may be, shall be repayable to the scheme administrator on demand and, if not so repaid, the scheme administrator may recover the amount, as a simple contract debt in any court of competent jurisdiction from the person to whom the overpayment was made.
(2) Without prejudice to the rights of the scheme administrator under subsection (1), the scheme administrator may reduce the amount of financial support which would be payable under the Scheme in relation to one or more children until the total of the excess payments has been recovered by the scheme administrator.
(3) Where an excess amount of financial support has been paid in respect of a child by reason of the fraud or misrepresentation of a parent of the child the subject of the application, such excess shall be payable by the parent to the scheme administrator and if not so paid, may be recovered from the parent as a simple contract debt in any court of competent jurisdiction.
Amendment of Act of 1991
22. The Act of 1991 is amended—
(a) in section 58A—
(i) by the insertion of the following definition:
“ ‘school’ has the same meaning as it has in the Education Act 1998;”,
(ii) by the substitution of the following definition for the definition of “school age service”:
“ ‘school age service’ means any early years service, play group, day nursery, crèche, day-care or other similar service which—
(a) caters for children under the age of 15 years enrolled in a school providing primary or post-primary education,
(b) provides a range of activities that are developmental, educational and recreational in manner, which take place outside of school hours, the primary purpose of which is to care for children where their parents are unavailable, and
(c) the basis for access to which is made publicly known to the parents and guardians of the children referred to in paragraph (a) of this definition,
but excludes those services—
(i) solely providing activities relating to—
(I) the Arts,
(II) youth work,
(III) competitive or recreational sport,
(IV) tuition, or
(V) religious teaching,
or
(ii) for whom statutory provision for inspection exists, prior to the commencement of this section;”,
(b) in section 58L by the substitution of the following paragraph for paragraph (c):
“(c) a person taking care of not more than 6 children, of which not more than 3 are pre-school children, of different families (other than that person’s own such children) at the same time in that person’s home, except where that person has been continuously registered as an early years service for a period of one year, wishes to remain on the register, and continues to satisfy such conditions as may be prescribed.”.
Amendment of section 265 of Act of 2005
23. Section 265(1) of the Act of 2005 is amended in paragraph (a) of the definition of “relevant purpose” —
(a) in subparagraph (v)(III), by the substitution of “Student Support Act 2011,” for “Student Support Act 2011, or”,
(b) in subparagraph (vi), by the substitution of “Civil Legal Aid Act 1995, or” for “Civil Legal Aid Act 1995,” and
(c) by the insertion of the following subparagraph after subparagraph (vi):
“(vii) financial support under the Childcare Support Act 2018,”.
Processing of personal data
24. (1) Notwithstanding anything contained in the Data Protection Acts 1988 and 2003 or any other enactment, the data controller of a person listed in Schedule 3 or of a person prescribed for the time being under subsection (2) (in this subsection called “the first named person”) shall, on being requested to do so by the data controller of a person so listed or prescribed, process personal data kept by the first named person, or information extracted from such data, to the data controller of the other person so listed or prescribed for the time being, if the data controller of the first named person is satisfied that it will be used for a relevant purpose only.
(2) If a person (not being a person listed in Schedule 3, or prescribed for the time being under this subsection) keeps personal data that is relevant to any of the functions of the scheme administrator, and the Minister considers that such supply by the person not so listed or prescribed to a person so listed or prescribed will further the attainment of a relevant purpose, then the Minister, following consultation with the Data Protection Commissioner, may prescribe that person for the purposes of subsection (1).
(3) Any processing of personal data for the purposes of subsection (1) shall go no further than is reasonably necessary for the attainment of the relevant purpose.
(4) A data controller may refuse a request under subsection (1) if he or she is satisfied that it would be unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject.
(5) The Minister may, following consultation with the Data Protection Commissioner, make regulations specifying particular circumstances in which subsection (3) is, or is not, to be taken as satisfied.
(6) In this section—
“data controller” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“personal data” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“processing” has the meaning given to it by the Data Protection Acts 1988 and 2003;
“relevant purpose” means the purpose of—
(a) obtaining information to determine whether an applicant is eligible to apply for financial support,
(b) verifying data supplied under section 14 or as part of an application or review process or an appeal process,
(c) obtaining information to determine the amount of financial support which a person is qualified to receive,
(d) obtaining information in relation to the financial contributions of parents towards the provision of childcare services for a child the subject of financial support,
(e) providing data to assist in a review under section 17 or an appeal under section 20 or the prosecution of an offence under section 29,
(f) assisting in the processing of financial support under section 14 or the processing of an application for financial support and assisting in the payment of such financial support to childcare services providers,
(g) verifying that a child the subject of financial support is enrolled or registered with a childcare services provider and is continuing to attend the services including the number of hours of such attendance, and
(h) identification of an applicant and his or her partner and any children named in the application for financial support.
Annotations:
Modifications (not altering text):
C1
Reference to “processing” construed (25.05.2018) by Data Protection Act 2018 (7/2018), s. 166, S.I. No. 174 of 2018.
Reference to processing in enactment
166. Subject to this Act, a reference in any enactment to processing within the meaning of the Act of 1988 shall be construed as including a reference to processing within the meaning of—
(a) the Data Protection Regulation, and
(b) Part 5.
Editorial Notes:
E14
Power pursuant to section exercised (28.10.2019) by Childcare Support Act 2018 (Processing of Personal Data) Regulations 2019 (S.I. No. 513 of 2019), in effect as per reg. 1(2).
Regulations
25. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.
(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Review of Scheme
26. The Minister shall, as soon as may be after the expiration of 12 months from the date of the making of the first payment of financial support to an approved childcare services provider under section 15, conduct a review of the operation of the Scheme and make a report in writing to each House of the Oireachtas of his or her findings and conclusions resulting from the review.
Transitional provision
27. A person in receipt of financial support funded by the Minister in respect of a child under—
(a) the Childcare Education and Training Support programme,
(b) the After-School Childcare programme,
(c) the Community Employment Childcare programme,
(d) the Community Childcare Subvention programme, or
(e) the Community Childcare Subvention Plus programme,
shall continue to be paid the relevant financial support until—
(i) such payment ceases in accordance with the provisions of a programme referred to in paragraph (a), (b), (c), (d) or (e) as may be appropriate, or the programme ceases to operate, or
(ii) the date from which financial support is to be paid under section 15 in respect of the child concerned,
whichever first occurs.
Expenses
28. The expenses incurred by the Minister in the administration of the Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.
Offences
29. (1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or
(b) on conviction on indictment, to a fine not exceeding €25,000 or imprisonment for a term not exceeding 2 years or both.
(2) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister.
Short title and commencement
30. (1) This Act may be cited as the Childcare Support Act 2018.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appropriate for different purposes or different provisions.
Annotations:
Editorial Notes:
E15
Power pursuant to subs. (2) exercised (2.09.2019) by Childcare Support Act 2018 (Commencement) (No. 2) Order 2019 (S.I. No. 348 of 2019)
2. The 2nd day of September 2019 is appointed as the day on which the Childcare Support Act 2018 (No. 11 of 2018) shall, insofar as it is not already in operation, come into operation.
E16
Power pursuant to subs. (2) exercised (26.02.2019) by Childcare Support Act 2018 (Commencement) Order 2019 (S.I. No. 67 of 2019).
2. The 26th day of February 2019 is appointed as the day on which the following provisions of the Childcare Support Act 2018 (No. 11 of 2018) shall come into operation:
(a) section 2;
(b) section 3;
(c) section 4;
(d) section 5;
(e) section 6;
(f) section 8.
E17
Power pursuant to subs. (2) exercised (17.02.2019) by Childcare Support Act 2018 (Commencement) Order 2018 (S.I. No. 574 of 2018).
2. The 17th day of February 2019 is appointed as the day on which sections 1 and 22 of the Childcare Support Act 2018 (No. 11 of 2018) shall come into operation.
SCHEDULE 1
Assessment of Income
Section 11
Assessment of Income
In this Schedule—
“allowable deduction”, in relation to income, means—
(a) income tax required by law to be deducted or paid from income and in respect of which a person is not entitled to claim an exemption, relief or allowance or the repayment of tax already paid,
(b) social insurance contributions,
(c) the universal social charge,
(d) pension contributions, subject to a limit of the amount of such pension contributions that can be deducted from gross income before that income becomes liable to income tax,
(e) payments made by a person in respect of the maintenance of a child, spouse or former spouse, less the amount of any relief from income tax which may be claimed in respect of such payments,
(f) such payments under the Act of 2005 or the Student Support Act 2011 or similar type payments as may be prescribed that—
(i) facilitate the participation of a person in employment or self-employment and are intended to be of limited duration,
(ii) are intended to support the participation of a person in education or training, or
(iii) are intended to enable a person to meet certain expenses that arise as a result of exceptional family or social circumstances of the person;
“income” means—
(a) income from an employment, trade, profession or vocation,
(b) rental income,
(c) income from holding of an office or directorship,
(d) income from a pension (whether under the social welfare code or otherwise),
(e) income whether in the nature of a benefit or allowance arising from social welfare, social insurance or other sources of a similar character,
(f) income from fees, commissions, dividends, interest, or income of a similar character,
(g) payments under a settlement, covenant, estate or a payment in respect of maintenance,
(h) such other forms of benefit as may be prescribed,
whether in money or monies worth and arising within the State or otherwise.
SCHEDULE 2
Agreements with Certain Statutory Bodies
Section 14
Statutory body
(1)
Purposes for which an agreement may be made under section 14
(2)
Minister for Education and Skills
To support parents under the age of 18 years to remain in education or training through access to childcare services.
Minister for Justice and Equality
To facilitate access to childcare services for applicants within the meaning of section 2 of the Act of 2015 and programme refugees within the meaning of section 59 of the Act of 2015, so that parents or children can access education, integration and other relevant supports.
Child and Family Agency
To enable participation in a childcare service as part of the provision of child care and family support services by the Child and Family Agency to promote the welfare of children who are in need of additional care or protection.
Health Service Executive
To enable participation in a childcare service where there is an identified need for childcare as an additional support to the home environment to meet child development needs for a child who is under the age of 4 years and who is not enrolled in a pre-school programme funded by the Minister or the Minister for Education and Skills and who would otherwise not attend a childcare service.
Local Authorities
To support homeless persons (within the meaning of the Housing Act 1988) with children that are homeless or moving out of homelessness to access childcare services.
SCHEDULE 3
Processing of Personal Data
Section 24
1. Minister.
2. Minister for Employment Affairs and Social Protection.
3. Revenue Commissioners.
4. Scheme administrator.
5. Person with whom the scheme administrator has entered into an agreement under section 6.
6. Approved childcare services providers.
7. Statutory bodies with whom the Minister has entered into an agreement under section 14.
8. Employer or education or training provider of an applicant or his or her partner.
S.I. No. 370/2019 –
Childcare Support Act 2018 (Reviews) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 17 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Reviews) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation
2. In these Regulations —
“Act” means the Childcare Support Act 2018 ;
“agreement in relation to the provision of childcare services” means an agreement in relation to the provision of childcare services referred to in section 15(1) of the Act between a parent and a childcare services provider or agreed between a body specified in Schedule 2 of the Act and a childcare services provider pursuant to an agreement under section 14 of the Act and in respect of which financial support is payable under section 15 of the Act;
“authorised officer” means a person who is appointed by the scheme administrator under section 18 of the Act to be an authorised officer for the purposes of the Act;
“day” means working day;
“determination” means a determination made by the scheme administrator under section 12 of the Act;
“review” shall be construed in accordance with section 17(1) of the Act;
“suitable person” means a person specially appointed by the scheme administrator to carry out a review –
(a) under section 17(1)(a) of the Act on the initiative of the scheme administrator in relation to an applicant,
(b) under section 17(1)(b) of the Act at the request of an applicant or a person in receipt of financial support in respect of a child the subject of an agreement under section 14 of the Act, or
(c) under section 17(1)(c) of the Act at the request of an approved childcare services provider.
Procedures for reviews initiated by the scheme administrator
3. (1) A review may be initiated by the scheme administrator under section 17(1)(a) of the Act in relation to:
(a) the eligibility of a person to make an application under section 7 of the Act;
(b) the eligibility of an applicant to continue to receive financial support under section 15 of the Act;
(c) information provided during the application process;
(d) the number of hours of childcare services provided in any week by a childcare services provider for a child in relation to whom financial support is paid;
(e) the amount charged by the childcare services provider to the parent of a child in respect of whom financial support is paid.
(2) Where a review initiated by the scheme administrator under section 17(1)(a) of the Act relates to an applicant regarding:
(a) the eligibility of the person to make an application under section 7 of the Act;
(b) the eligibility of an applicant to continue to receive financial support under section 15 of the Act;
(c) information provided during the application process;
the scheme administrator shall cause a review to be carried out by a suitable person.
(3) Where a review initiated by the scheme administrator under section 17(1)(a) of the Act relates to a childcare services provider regarding:
(a) the number of hours of childcare services provided in any week by the childcare services provider for a child in relation to whom financial support is paid;
(b) the amount charged by the childcare services provider to the parent of a child in respect of whom financial support is paid;
the scheme administrator shall cause a review to be carried out by an authorised officer.
Procedures for reviews requested by an applicant, a person in receipt of financial support under section 14 of the Act or an approved childcare service provider
4. (1) A review may be requested by an applicant in relation to –
(a) eligibility to make an application under section 7 of the Act;
(b) the amount of financial support specified in a determination;
(c) the period of validity of a determination;
within 30 days of the date of the determination.
(2) A review may be requested by an applicant in relation to the amount of financial support paid each week –
within 30 days of the payment by the scheme administrator of the financial support.
(3) A review may be requested by a person in receipt of financial support in respect of a child the subject of an agreement under section 14 of the Act in relation to –
(a) the number of hours of childcare services provided in any week by an approved childcare services provider within 30 days from the end of that particular week;
(b) the amount of financial support paid each week within 30 days of the payment by the scheme administrator of the financial support.
(4) A review may be requested by an approved childcare services provider in relation to the amount of financial support paid each week –
within 30 days of the payment by the scheme administrator of the financial support.
(5) A review shall not be considered by the scheme administrator where a review request has been made later than the periods referred to in Regulations 4(1), 4(2), 4(3) and 4(4).
(6) A request for a review shall be made in writing to the scheme administrator in such form and manner as may be specified by the scheme administrator from time to time and shall include –
(a) the name and unique identifier number in respect of the application or the unique identifier number in respect of the determination,
(b) the name and the address of the approved childcare services provider and the Department of Children and Youth Affairs reference number, if appropriate, and
(c) the grounds on which the review is requested.
(7) The scheme administrator shall acknowledge receipt of a request for a review referred to in Regulation 4 within 10 days of the receipt of such request.
(8) Where a review relates to matters referred to in Regulations 4(1), 4(2), 4(3) or 4(4), the scheme administrator shall cause a review to be carried out by a suitable person.
Provision of documentation to the scheme administrator
5. (1) Where the scheme administrator requires an applicant or a person in receipt of financial support in respect of a child the subject of an agreement under section 14 of the Act or a childcare services provider to provide documentation under section 17(3) of the Act in relation to any matter that may be relevant to a decision by the scheme administrator in a review under section 17(1) of the Act, the scheme administrator may fix the time for furnishing any such documentation and such period shall be not less than 20 days from the date of the request.
(2) Notwithstanding that any documentation requested has not been provided within the period specified by the scheme administrator under Regulation 5(1) by a person to whom such a request was made, the scheme administrator may proceed to make a decision in relation to the matter under review.
Review decision by the scheme administrator
6. A decision in relation to a review requested –
(a) under section 17(1)(b) of the Act by an applicant or a person in receipt of financial support in respect of a child the subject of an agreement under section 14 of the Act, or
(b) under section 17(1)(c) of the Act by an approved childcare services provider,
shall be made by the scheme administrator within 40 days of receipt of the review request or within 40 days of the receipt of information requested under section 17(3) of the Act.
Withdrawal of review requests
7. An applicant, a person in receipt of financial support in respect of a child the subject of an agreement under section 14 of the Act or an approved childcare services provider may withdraw a review request made under section 17(1)(b) or (c) of the Act by sending a written notice to that effect to the scheme administrator.
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under the Childcare Support Act 2018 .
These Regulations provide for procedures relating to reviews carried out under section 17 of the Childcare Support Act 2018 by the scheme administrator of its own initiative and reviews requested by an applicant, a person in receipt of financial support in accordance with an agreement under section 14 of the Act or an approved childcare services provider in relation to the specific issues specified in section 17(2) of the Act.
S.I. No. 371/2019 –
Childcare Support Act 2018 (Appeals) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 20 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement:
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Appeals) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation:
2. In these Regulations –
“Act” means the Childcare Support Act 2018 ;
“appeal” means an appeal under section 20 of the Act;
“Appeals Officer” means a person appointed by the scheme administrator under section 20 of the Act to consider an appeal;
“appellant” means any person who brings an appeal against a review decision by the scheme administrator under section 17 of the Act;
“day” means working day;
“hearing” means an oral hearing conducted by an Appeals Officer in private;
“Notice of Appeal” shall be construed in accordance with Regulation 3(1).
Submission of appeal and information supplied by appellant
3. (1) A notice of appeal shall be submitted by an appellant, within 30 days of the date of the notice of the review decision given by the scheme administrator under section 17(7) of the Act, by giving notice to the scheme administrator in writing in the form set out in the Schedule (in these Regulations referred to as the “Notice of Appeal”).
(2) A notice of appeal shall be submitted by an appellant with such documentary evidence as the appellant wishes to rely on in support of his or her appeal, and the notice shall contain a list of any such documents.
(3) Where a notice of appeal has been received within the period referred to in Regulation 3(1) and all relevant documentary evidence in support of the appeal was not submitted with the notice of appeal, the Appeals Officer may specify a period for the receipt of such documentary evidence.
(4) An appeal shall not be considered by an Appeals Officer where an appeal has been received later than the period referred to in Regulation 3(1).
Receipt of Notice of Appeal
4. An Appeals Officer shall, within 10 days of his/her appointment by the scheme administrator to consider an appeal, notify the appellant of receipt of the notice of appeal.
Further information and exchange of information
5. (1) An Appeals Officer, may, at any time –
(a) request any additional information or particulars from a parent, a childcare services provider or the scheme administrator as he or she deems necessary to determine an appeal, and
(b) fix the time for furnishing any such information upon such terms as he or she may think fit.
(2) An Appeals Officer shall, within 10 days, after receiving additional information or particulars from a person give a copy of that information or particulars to the appellant or the scheme administrator, as appropriate.
(3) Each party to an appeal shall be given an opportunity to reply in writing to the information submitted to the Appeals Officer by the other party including the opportunity to reply in writing to any further information or particulars provided to the Appeals Officer following a request for additional information or particulars by the Appeals Officer under Regulation 5(1).
(4) Each party to an appeal shall furnish any replying written submissions to the Appeals Officer within 15 days of the date on which the other party’s written submissions were sent to that party by the Appeals Officer or such other period as may be specified by the Appeals Officer.
Summary appeals
6. Where an Appeals Officer is of the opinion that an appeal is of such a nature that it can properly be determined without a hearing, he or she may determine the appeal summarily.
Oral Hearings and attendance
7. (1) Where, in the opinion of an Appeals Officer, a hearing is required, he or she shall, as soon as may be, fix a date and place for the hearing, and give reasonable notice of the date, venue and time to the appellant and the scheme administrator.
(2) An appellant may represent himself or herself or, may, with the consent of the Appeals Officer, be accompanied or represented by another person at the oral hearing of his or her appeal.
(3) Notwithstanding that an appellant is represented by another person at the oral hearing of his or her appeal, an Appeals Officer may make enquiries directly of the appellant as s/he deems appropriate.
(4) Any other person appearing to an Appeals Officer to be concerned may also attend at the hearing.
(5) A party to an appeal may make a request, in writing, accompanied by relevant documentation, for an adjournment of a hearing citing the reasons for such a request.
(6) Where an Appeals Officer is satisfied that exceptional circumstances exist warranting the adjournment of the hearing, s/he may grant such a request.
(7) An Appeals Officer shall determine the procedure to be followed at a hearing.
(8) An Appeals Officer may postpone or adjourn the hearing as he or she may think fit.
Failure to Attend
8. Where a party fails to appear at a hearing:
(a) after notice of a hearing of an appeal has been given under Regulation 7(1), or
(b) a request for an adjournment has been made under Regulation 7(5) and has been refused by the Appeals Officer,
the Appeals Officer may decide to proceed with the hearing and make a decision based on the evidence before him/her.
Method of Sending Documents
9. Any notice or other document required or authorised to be sent to any person for the purpose of these Regulations shall be deemed to be duly sent if sent by post addressed to him or her at his or her ordinary address or at his or her place of business.
Withdrawal of Appeal
10. A person wishing to withdraw an appeal may do so by sending a written notice to that effect to the scheme administrator.
Decision of Appeals Officer
11. (1) Where an Appeals Officer considers that s/he is in receipt of complete information to enable him or her to make a decision, s/he shall make a decision within 20 days of the receipt of that information.
(2) Notwithstanding that documentary evidence is not received by the date specified by the Appeals Officer under Regulation 3(3) or that any documentation requested under Regulation 5(1) is not provided by a person to whom such a request was made under that Regulation, an Appeals Officer may proceed to make a decision in relation to the matter under appeal.
(3) Where an oral hearing has taken place, an Appeals Officer shall make a decision within 20 days of the oral hearing, subject to the Appeals Officer deeming the information to be complete at that stage.
(4) An Appeals Officer may, by notice in writing to the parties, correct any mistake (including an omission) of a verbal or formal nature in a decision under section 20(3) of the Act.
Failure to Comply with these Regulations
12. An Appeals Officer may decide an appeal notwithstanding the failure or neglect of any person to comply with any requirement of these Regulations.
SCHEDULE
Regulation 3(1)
Notice of Appeal under section 20 of the Childcare Support Act 2018
(Notice of appeal against a review decision of the scheme administrator must be given to the scheme administrator on this form.)
Part 1
Appellant details:
Parent
Yes/No
Please tick (If parent, please complete section A)
Service Provider
Yes/No
Please tick (If service provider, please complete section B)
Section A – Parental information
Your full name: __________________________________________________________________________________
Your date of birth: __________________________________________________________________________________
Your address: __________________________________________________________________________________
__________________________________________________________________________________
Your contact telephone number: __________________________________________________________________________________
Details of the child to whom the financial support relates (Separate notices of appeal should be submitted if appeals are being made in relation to financial support for other children):
Name of child: __________________________________________________________________________________
Date of birth: __________________________________________________________________________________
Application ID or CHICK: __________________________________________________________________________________
Relationship to appellant: __________________________________________________________________________________
Section B – Service Provider information
Name of person submitting appeal: __________________________________________________________________________________
Business Name of Childcare Service Provider: __________________________________________________________________________________
Department of Children and Youth Affairs Reference Number: __________________________________________________________________________________
Business address: __________________________________________________________________________________
Telephone number: __________________________________________________________________________________
Part 2
Details of review decision
Please give the date and reference number of the review decision by the scheme administrator which you are appealing:
DAY / MONTH / YEAR
Reference No: __________
Part 3
Reason for appeal:
Note – an appeal under Section 20 of the Childcare Support Act 2018 may only relate to a review decision made by the scheme administrator.
Please tick as appropriate in the circumstances (the issue submitted for appeal will have already been the subject of a review by the scheme administrator):
[ ] Appeal relating to eligibility to apply for financial support;
[ ] Appeal relating to eligibility to continue to receive financial support;
[ ] Appeal relating to the amount of financial support specified in a determination under section 12 of the Act;
[ ] Appeal relating to information provided during the application process;
[ ] Appeal relating to the number of hours of childcare services provided in any week by a childcare services provider;
[ ] Appeal relating to the amount of financial support paid each week;
[ ] Appeal relating to the amount charged by a childcare services provider to a parent;
[ ] Appeal relating to the period of validity of a determination under section 12 of the Act.
Part 4
Grounds of Appeal:
Please explain clearly your grounds for making an appeal, i.e., the grounds on which you consider the scheme administrator applied the terms and conditions of the Affordable Childcare Scheme incorrectly in your case. If you do not have sufficient space below to set out all the details please use a separate sheet of paper and attach securely to this form. Please write the Application ID or CHICK to which the appeal relates on any additional pages submitted:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Part 5
Supporting documentation:
Please list the documents you are submitting in support of your appeal.
1. ____________________________________________________________________
2. ____________________________________________________________________
3. ____________________________________________________________________
4. ____________________________________________________________________
Please list any documents you do not have at this time which you intend to submit at a later stage to support your appeal. The Appeals Officer assigned to your appeal may specify in writing a date by which any supplementary documentation must be submitted:
1. ____________________________________________________________________
2. ____________________________________________________________________
3. ____________________________________________________________________
4. ____________________________________________________________________
Part 6
Confirmation of appellant:
I confirm that I am making this appeal under section 20 of the Childcare Support Act 2018 .
Signed: __________________________________________
Date: __________________________________________
Checklist:
[ ] Notice of Appeal is being submitted within 30 days of the notice of the review decision by the scheme administrator.
[ ] All relevant sections of the Notice of Appeal form are fully completed.
[ ] Notice of Appeal form is signed and dated at Part 6.
[ ] Grounds for appeal are fully stated and all facts for consideration are stated.
[ ] Supporting documentation attached with the appeal form.
[ ] Details provided of any supplementary documentation to be submitted.
[ ] Original documentation submitted where available.
[ ] Proof of posting will be retained.
This form and any documents you wish to have considered in support of your appeal should be submitted on the applicant or provider portal as appropriate or to the address specified by the scheme administrator on the National Childcare Scheme website.
Where an appeal is being submitted by post, the envelope should be clearly marked “Notice of Appeal- National Childcare Scheme Appeals Office”
For Appeals Officer use only:
Date appeal received: DAY/MONTH/YEAR
Within 30 days deadline? Y/N
All relevant sections of the appeal form completed in full? Y/N
Has the appellant submitted supporting documentation? Y/N
Has the appellant indicated whether supplementary documentation will be submitted? Y/N
Notes:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
______________________________________________
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under the Childcare Support Act 2018 .
These Regulations provide for the manner of and procedures for the making and determination of appeals by Appeals Officers.
S.I. No. 373/2019 –
Childcare Support Act 2018 (Assessment of Income) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 11 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Assessment of Income) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation
2. In these Regulations—
“Act” means the Childcare Support Act 2018 ;
“allowable deduction” shall be construed in accordance with Schedule 1 of the Act and Regulation 3;
“automatic assessment of income” means an automated assessment of the net income of an applicant and his/her partner (or of a one parent family where applicable) based on information provided electronically to the scheme administrator by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection and information which is furnished by the applicant in his or her application under section 9 of the Act and which does not incorporate any human intervention;
“manual assessment of income” means an assessment of the net income of the applicant and his/her partner (or of a one parent family where applicable) by the scheme administrator or a person with whom the scheme administrator has entered an agreement under section 6 of the Act, based on information and documentation provided by the applicant (and his/her partner where relevant) and which may also include particular income information and information relating to allowable deductions, provided electronically to the scheme administrator by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection;
“net income” means income as defined in Schedule 1 of the Act of an applicant and his/her partner (or sole income in the case of a one parent family) less any allowable deductions specified in Schedule 1 of the Act and Schedule 1 to these Regulations;
“one parent family” means an applicant who is not a member of a couple.
Prescribed “allowable deductions”
3. The classes of payments set out in Schedule 1 are prescribed as deductions within the meaning of paragraph (f) of the definition of “allowable deductions” in Schedule 1 of the Act.
Method of assessment of income and allowable deductions
4. (1) The scheme administrator may determine an application for income-related financial support under section 9 of the Act by means of –
(a) an automatic assessment of income where the applicant chooses an automatic assessment of income, or
(b) a manual assessment of income where –
(i) the applicant requests a manual assessment of income, or
(ii) insufficient information is available electronically to enable the scheme administrator to determine the application for income-related financial support where the applicant selected an automatic assessment of income.
(2) Where an automatic assessment of income is carried out under Regulation 4(1)(a), the method by which the scheme administrator shall assess the net income of an applicant and his or her partner, or of a one parent family where applicable, shall be –
(a) net income information provided electronically by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection by reference to the personal public service number of the applicant (and the personal public service number of his/her partner where relevant) as specified in the application for financial support under section 9 of the Act; and
(b) such additional net income information as the scheme administrator may request from the applicant to enable it to carry out the assessment.
(3) Where an assessment of net income is based on information provided electronically by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection, the year for which net income will be assessed will be the most recent calendar year for which the scheme administrator determines electronic information is complete.
(4) Where a manual assessment of income is carried out under Regulation 4(1)(b), for the purposes of assessing the net income of an applicant and his or her partner, or of a one parent family where applicable, the scheme administrator may request –
(a) a declaration of income in the format specified by the scheme administrator signed by the applicant or the applicant’s partner or a declaration of income signed by each of them, as may be appropriate in the circumstances, or a statement by the applicant or the applicant’s partner or each of them to be made in such other form as the scheme administrator may determine, and
(b) such information as it may require from the applicant including such documentary evidence listed in Schedule 2 as may be required by the scheme administrator to carry out the assessment of income.
(5) Where a manual assessment of net income is carried out under Regulation 4(1)(b)(i), the applicant may choose one of the following as the period in respect of which income will be assessed:
(i) 1 January to 31 December of the previous calendar year;
(ii) 1 January of the current year to the Sunday preceding the submission of the application; or
(iii) the four weeks prior to the Sunday preceding the submission of the application where the applicant or his or her partner has sustained a reduction in net income and where the applicant reasonably believes such reduction will endure for an indefinite period.
(6) Where a manual assessment of income is carried out in respect of the current year by the scheme administrator under Regulation 4(1)(b)(i), for the purposes of assessing the net income of an applicant and his or her partner, or of a one parent family where applicable, an applicant may choose that particular information provided electronically by the Minister for Employment Affairs and Social Protection may be used for the purpose of assessing net income where such information is available.
(7) Where a manual assessment of income is carried out under Regulation 4(1)(b)(ii), the period in respect of which income will be assessed will be 1 January to 31 December of the previous calendar year.
(8) Where a manual assessment of income is carried out by the scheme administrator under Regulation 4(1)(b)(ii), for the purposes of assessing the net income of an applicant and his or her partner, or of a one parent family where applicable, the scheme administrator may determine that particular information provided electronically by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection may be used for the purpose of assessing net income where such information is available.
(9) Notwithstanding that a manual assessment of income is carried out under Regulation 4(1)(b), for the purposes of assessing the net income of an applicant and his or her partner, or of a one parent family where applicable, information provided electronically by the Revenue Commissioners and the Minister for Employment Affairs and Social Protection will be used by the scheme administrator for the purpose of verification of self-declared income where such relevant information is available.
(10) The relevant period within which income may be assessed for the purposes of Regulations 4(3), 4(5) and 4(7) may vary between persons who are members of a couple subject to the scheme administrator being satisfied that complete income data is available in respect of each person for the relevant period either by means of the electronic sharing of information under Regulation 4(1)(a) or by means of a manual assessment of income under Regulation 4(1)(b).
Giving of information and documentation to the scheme administrator
5. (1) An applicant shall furnish to the scheme administrator such information and documentation as it requests for the purpose of determining net income and shall, where the scheme administrator specifies the manner in which the information or documentation is to be provided, provide the information and documentation in the manner so requested.
(2) The scheme administrator may stipulate the period of time within which information and any documentation requested is to be furnished.
SCHEDULE 1
Assessment of income – allowable deductions
(a) Aftercare Allowance
(b) Back to Education Allowance
(c) Back to School Clothing and Footwear Allowance
(d) Back to Work Enterprise Allowance
(e) Back to Work Family Dividend
(f) Blind Welfare Allowance
(g) Caranua payments and grants
(h) Carer’s Support Grant
(i) Constant Attendance Allowance
(j) Department of Education and Skills Third Level Bursary Scheme payment
(k) Diet Supplement payment
(l) Domiciliary Care Allowance
(m) Exceptional Needs Payments
(n) Foster Care Allowance
(o) Further Education and Training (FET) allowance
(p) Guardian’s Payment
(q) Humanitarian Assistance Scheme payment
(r) Mobility Allowance payment
(s) Personal Reader Grant
(t) Rent Supplement
(u) Short-term Enterprise Allowance
(v) Department of Employment Affairs and Social Protection eligible payments for the purposes of Springboard +
(w) Student Assistance Fund payments
(x) Student Grants (SUSI)
(y) Vocational Training Opportunities Scheme training allowance
(z) Youthreach Allowance.
SCHEDULE 2
Relevant documentary evidence for the purposes of the manual assessment of net income
1. A statement in writing by an employer of income and relevant deductions in respect of the income of an applicant (and his or her partner where relevant) for a particular period in the format specified by the scheme administrator.
2. A statement in writing issued by the Department of Employment Affairs and Social Protection in respect of the income and relevant deductions made by that Department for a particular period in relation to an applicant (and his or her partner where relevant).
3. A statement in writing issued by the Revenue Commissioners in respect of an applicant (and his or her partner where relevant) which provides information in relation to income and relevant deductions for a particular period.
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 11 of the Childcare Support Act 2018 .
These Regulations provide for the particulars relating to the method by which the scheme administrator will assess the annual income of the applicant and his/her partner or sole income in the case of a one parent family and other related matters.
S.I. No. 378/2019 –
Childcare Support Act 2018 (Calculation of Amount of Financial Support) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No.11 of 2018) and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
1. These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019.
2. These Regulations shall come into operation on 2 September 2019.
Interpretation
3. In these Regulations —
“Act” means the Childcare Support Act 2018 (No. 11 of 2018);
“base income threshold” means the reckonable income at or below which an applicant who qualifies for income-related financial support shall qualify for the maximum rate;
“ECCE” means the Early Childhood Care and Education programme funded by the Minister for Children and Youth Affairs;
“Early Start Programme” is a programme funded by the Minister for Education and Skills that provides a year of free pre-school provision in primary schools in designated disadvantaged areas;
“income limit” means the reckonable income at or above which an applicant shall not qualify for income-related financial support;
“maximum rate” is the highest income-related rate of financial support that shall be payable, having regard to the age of the child who is the subject of the application and the stage of their education;
“multiple child discount” means a discount applied to the net income of the applicant and any partner (or sole income in the case of a one parent family) in respect of two or more children under age 15 who live with the applicant (or the applicant’s partner), provided either the applicant or the applicant’s partner has custody of the child (or is in loco parentis) for at least part of each week;
“net income” means income as defined in Schedule 1 of the Act of an applicant and his/her partner (or the sole income in the case of a one parent family) less any allowable deductions specified in Schedule 1 of the Act and allowable deductions prescribed under section 11 of the Act;
“reckonable income” means net income minus any multiple child discount, if applicable;
“financial support” means income related or non-income related financial support payable by the scheme administrator under section 15 of the Act;
“term-time week” means a week agreed between a parent and a provider as a term-time week during which a child is eligible to participate in the ECCE programme, the Early Start Programme or school;
“transitioning into work or study” means a period of 4 weeks in advance of the commencement of work or study where the applicant has received formal notification of the start date of said work or study;
“transitioning out of work or study” means a period of 4 weeks following the ending of a period of work or study, whether temporary or permanent, and excluding periods of leave that are included within the definition of work.
Calculation of amount of financial support
4. The amount of financial support for which an applicant under the Scheme qualifies in respect of a child who is the subject of an application shall be calculated in accordance with these Regulations.
Amounts per hour of non-income related financial support
5. The amount per hour of non-income related financial support shall be calculated in accordance with Schedule 1.
Maximum amounts per hour of income-related financial support
6. The maximum amounts per hour of income-related financial support shall be calculated in accordance with Schedule 2.
Income limit for qualification for income-related financial support
7. The income limit for qualification for income-related financial support under the Scheme shall be €60,000.
Methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated
8. The amount per hour (if any) of income-related financial support shall be calculated in accordance with the methodology in Schedule 3.
Maximum number of hours of financial support
9. The maximum number of hours in respect of which an applicant may qualify for financial support shall be calculated in accordance with Schedule 4.
The definitions of work and study for the purposes of the Scheme
10. The definitions of “work” and “study” for the purposes of the Scheme are set out in Schedule 5.
Unavailability to care for a child
11. The circumstances in which an applicant or his or her partner shall be deemed to be unavailable to care for a child who is the subject of an application under the Scheme are set out in Schedule 6.
Regulation 5
SCHEDULE 1
Amounts per hour of non-income related financial support
Non-income related financial support shall be calculated at the following rate:
€0.50 per hour in the case of a child who is older than 24 weeks of age and less than 3 years of age or until the child qualifies for the Early Childhood Care and Education Programme, if later.
Regulation 6
SCHEDULE 2
Maximum amounts per hour of income-related financial support
In the case of income-related financial support, the following maximum amounts per hour of financial support shall be calculated as follows:
a) where the child for whom an application is being made is older than 24 weeks and less than 12 months of age, the maximum amount per hour is €5.10;
b) where the child for whom an application is being made is between 12 and 35 months of age, the maximum amount per hour is €4.35;
c) where the child for whom an application is being made is older than 35 months of age and where the child is not enrolled at school and is not older than 6 years of age, the maximum amount per hour is €3.95;
d) where the child is enrolled at school or is older than 6 years of age and less than 15 years of age, the maximum amount per hour is €3.75.
Regulation 8
SCHEDULE 3
Methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated
(a) The base income threshold shall be €26,000.
(b) A minimum amount of income-related financial support at the rate of €0.50 per hour applies to a child aged between 24 weeks and 35 months of age and to a child who is older than 35 months of age who is not eligible to participate in ECCE and has not commenced participation in the Early Start Programme.
(c) A minimum of income-related financial support at the rate of €0.00 per hour applies to a child aged over 35 months of age who is eligible to participate in ECCE and has not commenced participation in ECCE or who has not commenced participation in the Early Start Programme.
(d) If an applicant qualifies for income-related financial support, the scheme administrator shall determine the amount per hour of income-related financial support as follows:
(i) where an applicant’s reckonable income is below or equal to the base income threshold, the maximum amount per hour will apply;
(ii) subject to paragraph (b), where an applicant’s reckonable income is at or exceeds the income limit, the amount per hour shall be zero;
(iii) where an applicant’s reckonable income is between the base income threshold and the income limit, the amount per hour shall be determined by the following formula:
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where–
NS is the minimum amount of financial support per hour,
XS is the maximum amount of financial support per hour,
MT is the income limit,
BT is the base income threshold, and
RI is the reckonable income.
(e) Where the scheme administrator determines the amount per hour of income related financial support in respect of a child is between €0.01 per hour and €0.32 per hour, the scheme administrator will pay a rate of €0.33 per hour in respect of that child.
(f) In determining the amount per hour, if any, of income-related financial support, a Multiple Child Discount shall be applied to net income by the scheme administrator in relation to children under the age of 15 years –
(1) who reside with the applicant or with his or her partner, and
(2) where the applicant or his or her partner is a parent of the child.
The discount which shall be applied to net income to determine the amount per hour of income related financial support shall be:
(i) €4,300 in relation to two children;
(ii) €8,600 in relation to more than two children.
Regulation 9
SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours per week for which an applicant may qualify for financial support shall be:
(a) 40 hours per week where the child is under 3 years of age and does not qualify for either ECCE or any pre-school programme funded by the Minister for Children and Youth Affairs or the Minister for Education and Skills;
(b) where the child is under 3 years of age and qualifies for ECCE or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, the maximum number of hours for which an applicant will qualify for financial support will be the difference between 40 hours per week and any hours per week in relation to a pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills; or
(c) 40 hours per week where the child has reached 3 years of age and does not yet qualify for the ECCE programme or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, until such time as they are eligible for ECCE at which point eligibility for non-income related financial support ceases.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 40 hours less any hours for which the child is enrolled in or eligible to be enrolled in ECCE, the Early Start Programme or school in a term-time week; and
– 40 hours in any other week.
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 15 hours less any hours for which the child is enrolled in or eligible to be enrolled in ECCE, the Early Start Programme or school in a term-time week; and
– 15 hours in any other week.
Regulation 10
SCHEDULE 5
The definitions of work and study for the purposes of the Scheme
“Work” means any form of employment, self-employment, apprenticeship or participation in a statutory or State-sponsored labour market activation programme, that requires attendance or availability either every week or on a frequent and regular basis including short-term periods of leave from any such work (including, but not limited to, sick leave, annual leave, maternity leave, paternity leave, parental leave, adoptive leave and carer’s leave), but excluding career breaks.
“Study” means any education or training programme that leads to an award on the National Framework of Qualifications and that is accredited by either Quality and Qualifications Ireland (QQI), the State Examinations Commission or is listed on the NARIC Ireland Foreign Qualifications Database.
Regulation 11
SCHEDULE 6
Unavailability to care for a child
The circumstances in which an applicant or his or her partner shall be deemed to be “unavailable to care for a child” are where:
(a) s/he is in prison custody sentenced to a term of imprisonment for a minimum period of 30 days or where prison custody relates to a remand period of 30 days or more;
(b) s/he is in hospital and expected to remain in hospital for a minimum period of 30 days;
(c) s/he is suffering from a significant illness or ongoing disability that prevents him/her from providing childcare for the child in respect of whom the application is made; or
(d) a child of the applicant or his/her partner is suffering from a significant illness or ongoing disability which prevents the applicant or partner from providing childcare for the child in respect of whom the application is made.
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
These Regulations provide for the particulars and methodology by which the scheme administrator shall calculate the amount of financial support for which an eligible applicant under the Affordable Childcare Scheme (commonly termed the “National Childcare Scheme”) may qualify.
S.I. No. 375/2019 –
Childcare Support Act 2018 (Payment Of Financial Support) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 15 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Payment of financial support) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation
2. In these Regulations —
“Act” means the Childcare Support Act 2018 ;
“agreement in relation to the provision of childcare services” means an agreement in relation to the provision of childcare services referred to in section 15(1) of the Act between a parent and a childcare services provider or agreed between a body specified in Schedule 2 of the Act and a childcare services provider pursuant to an agreement under section 14 of the Act and in respect of which financial support is payable under section 15 of the Act;
“Childcare Identifier Code Key” means the unique reference number that the scheme administrator provides to a successful applicant for financial support in respect of a child in a determination under section 12 of the Act or provides to a parent or a body specified in Schedule 2 of the Act pursuant to an agreement under section 14 of the Act;
“day” means working day;
“ECCE” means the Early Childhood Care and Education programme funded by the Department of Children and Youth Affairs;
“information and records relating to the payment of financial support under section 15 of the Act” includes records relating to the attendance of a child;
“in loco parentis” means where a person is actively parenting the child on an ongoing basis including meeting the needs and expenses of the child, including circumstances without a formal arrangement approved by the court as well as circumstances where the person has been appointed as a guardian;
“non-term time week” means the week during which a child is not participating in the ECCE programme, the Early Start programme or school;
“registered hours” means the childcare hours relating to a child who is the subject of a determination under section 12 or the childcare hours relating to a child who is the subject of an agreement under section 14 of the Act, whichever is appropriate, and which are the subject of an agreement between a parent and a childcare services provider or a statutory body and a childcare services provider in relation to the provision of childcare services in respect of which financial support is payable under section 15 of the Act, and which are registered by the childcare services provider on the scheme administrator’s IT system;
“registration” means the registration of a child who is the subject of a determination under section 12 or an agreement under section 14 of the Act with a childcare services provider pursuant to an agreement between a parent and a childcare services provider or an agreement between a body specified in Schedule 2 of the Act and a childcare services provider;
“reporting period” means the period specified by the scheme administrator to childcare services providers for the purposes of making reports to the scheme administrator;
“special circumstances” has the meaning specified in Regulation 5(11);
“term-time week” means a week agreed between a parent and a provider as a term-time week during which a child is eligible to participate in the ECCE programme, the Early Start Programme or school.
Conditions and circumstances for the payment of financial support by the scheme administrator
3. (1) The scheme administrator may arrange to pay financial support under section 15 of the Act to a childcare service which is entered on the register of prescribed early years services established and maintained in accordance with section 58C of the Child Care Act 1991 .
(2) The scheme administrator shall arrange to pay financial support under section 15 of the Act to a childcare services provider subject to compliance by the childcare services provider with the conditions under which financial support is to be paid as set out in the agreement applying at that time between the provider and the Minister under section 8 of the Act and these Regulations.
(3) Financial support under section 15 of the Act shall be payable by the scheme administrator only in respect of registered hours.
(4) The payment of financial support by the scheme administrator under section 15 of the Act to a childcare services provider with whom a parent or a statutory body has entered into an arrangement to provide childcare services in respect of a child the subject of an agreement under section 14 shall be subject to the childcare services provider not charging the parent any fee in respect of the childcare hours which are the subject of the agreement.
(5) The payment of financial support to a childcare services provider in respect of a child will commence from the date of the commencement of the provision of childcare services to a child following registration of the child with a childcare services provider using a Childcare Identifier Code Key where the childcare is the subject of an agreement in relation to the provision of childcare services and such financial support shall not become due or be payable by the scheme administrator on a date earlier than 28th October 2019.
(6) Where a child is the subject of an agreement in relation to the provision of childcare services and a review has been carried out by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being increased, the scheme administrator shall arrange to pay the increase in the financial support with effect from the date of the review decision under section 17(4) of the Act or an earlier date at the discretion of the scheme administrator.
(7) Where an agreement in relation to the provision of childcare services in respect of a child is entered into following a review by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being increased, the scheme administrator shall arrange to pay the increase in the financial support with effect from the date of the commencement of the provision of childcare services to the child by a childcare services provider.
(8) Where a child is the subject of an agreement in relation to the provision of childcare services and a review has been carried out by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being reduced or terminated, following notification to the person who requested the review in accordance with section 17(7) of the Act, the scheme administrator shall arrange to pay the reduced financial support to the childcare services provider or terminate the financial support not earlier than 20 days after the giving of such notice.
(9) The childcare services provider shall publish a schedule of fees, in a form and manner specified by the scheme administrator which shall be displayed in the childcare service at all times in an area accessible to parents as well as on any online platform maintained by the childcare services provider for the purpose of advertising its service.
(10) Where a childcare services provider revises his or her fees and where the revised fee relates to an increase in fees payable, the childcare services provider shall give a minimum of 20 days’ notice to the scheme administrator and a parent who is in receipt of financial support in accordance with a determination under section 12 of the Act in a form and manner specified by the scheme administrator.
(11) Where a childcare services provider fails to publish a schedule of fees in accordance with Regulation 3(9) or fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in accordance with the reporting period specified by the scheme administrator, the scheme administrator may, immediately and without notice, suspend the payment of financial support payable under section 15 of the Act in respect of a child.
(12) Where a childcare services provider fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in accordance with the reporting period specified by the scheme administrator, the childcare services provider, may, on no more than two occasions which shall not be consecutive, during the period of the agreement between a childcare services provider and the Minister under section 8 of the Act, make a request, in writing or verbally as specified by the scheme administrator, for the continuation of the financial support and the scheme administrator may, at its discretion, arrange to pay financial support in respect of a child in accordance with section 15 of the Act.
(13) Where the scheme administrator continues to pay financial support to a childcare services provider under Regulation 3(12) and the provider fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in the following reporting period, the scheme administrator shall suspend the payment of financial support until the outstanding records have been submitted.
(14) The childcare services provider shall, at all times, in an area accessible to parents in the childcare service, display the service calendar in a form and manner specified by the scheme administrator.
(15) Financial support payable by the scheme administrator under section 15 of the Act relating to childcare hours which are the subject of a determination under section 12 of the Act shall be offset in full by a childcare services provider against the fee which is the subject of an agreement with a parent and such fee shall be no greater than the fee published by the childcare services provider pursuant to Regulation 3(9).
(16) Where a parent has failed to provide the required 4 weeks’ notice of the cessation of the agreement in accordance with the terms of the agreement in relation to the provision of childcare services and the childcare services provider has requested the continuation of the financial support up to a maximum period of 4 weeks, the scheme administrator may, at its discretion, arrange to pay the financial support for a period which shall not exceed 4 weeks.
(17) The scheme administrator shall not pay financial support under Regulation 3(16) relating to a failure to give 4 weeks’ notice of the cessation of an agreement where payment of financial support is made –
(a) in respect of a period of non-attendance by a child for a 4 week period referred to in Regulation 5(10), or
(b) in respect of the non-attendance by a child for a 4 week period forming part of a maximum period of absence which may be approved by the scheme administrator under Regulation 3(18), and
in either case where the period in respect of which payment is made immediately precedes the period in respect of which there was failure to give notice of the cessation of the agreement.
(18) Where it is submitted by a parent in accordance with Regulation 5(8) that special circumstances apply to the attendance of a child who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act for hours less than the registered hours or submitted by a parent in accordance with Regulation 5(10) that special circumstances apply to the non-attendance of a child who is the subject of such an agreement, the continuation of the payment of financial support and the maximum period for which it shall continue shall, subject to the Schedule to these Regulations, be at the discretion of the scheme administrator.
(19) The scheme administrator may cease payment of financial support where there is non-attendance by a child, who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act, for a period in excess of 4 weeks and the scheme administrator has determined that special circumstances do not apply to the non-attendance of the child or where no submission was made by a parent under Regulation 5(10) to the scheme administrator in relation to special circumstances.
(20) The scheme administrator may cease payment of financial support where there is continued non-attendance by a child, who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act, for a period in excess of the maximum period of absence for which financial support may be payable by the scheme administrator under paragraph 2 of the Schedule to these Regulations.
(21) The scheme administrator may pay financial support based on the average hours attended by a child in the previous 12 weeks where it has determined that special circumstances do not apply to the attendance of a child for hours less than the registered hours relating to a determination under section 12 or where no submission was made by a parent under Regulation 5(8) to the scheme administrator in relation to special circumstances.
(22) Where the scheme administrator pays financial support based on the average hours attended by a child in the previous 12 weeks in accordance with Regulation 3(21), the registered hours may not be increased upwards on foot of a revised agreement in relation to the provision of childcare services for a period of 8 weeks.
(23) Where payment of financial support by the scheme administrator is based on average hours in accordance with Regulation 3(21), a lesser period than permitted in Regulation 3(22), during which registered hours may not be increased upwards, may apply at the discretion of the scheme administrator.
(24) The scheme administrator may pay financial support based on the average hours attended by a child where there is continued attendance of a child for hours less than the registered hours relating to a determination under section 12 of the Act, for a period in excess of the maximum period for which financial support may be payable by the scheme administrator in accordance with paragraph 1 of the Schedule to these Regulations.
(25) Where the scheme administrator determines that attendance records relating to the attendance of a child are not maintained in accordance with Regulation 6(4)(a), the scheme administrator may suspend, withdraw or vary the payment of financial support as it may consider appropriate in the circumstances.
(26) Subject to Regulation 3(25), where attendance records do not record the times of arrival and departure in respect of each day that a child attends a childcare service, the payment of financial support in respect of a child who is the subject of a determination under section 12 of the Act, may be reduced to one hour per day of attendance, where, following a notice given to the childcare services provider, the records continue to be maintained other than in accordance with Regulation 6(4)(a).
(27) The childcare services provider shall maintain any necessary employer’s liability insurance and public liability insurance adequate and necessary to operate and deliver the service, to operate its business and cover all liabilities of the childcare services provider arising in relation to the early years service.
Conditions and circumstances for the making of payments by a parent to a childcare services provider with whom an agreement is entered
4. (1) Where a child is the subject of an agreement in relation to the provision of childcare services for childcare hours in excess of the hours for which financial support is payable by the scheme administrator in respect of a child who is the subject of a determination under section 12 of the Act, any fee payable to the childcare services provider in respect of the additional hours shall be payable by the parent directly to the childcare services provider.
(2) The amount payable by a parent to a childcare services provider in respect of a child who is the subject of an agreement in relation to the provision of childcare services shall be no greater than the difference between the fee amount set out in the agreement between the parent and the childcare services provider having regard to the published fee and the financial support payable in accordance with a determination under section 12 of the Act.
(3) The method of payment of any amount due to a childcare services provider in respect of the difference between the fee amount set out in the agreement between the parent and the childcare services provider and the financial support payable in accordance with a determination under section 12 of the Act, and the manner and means of making any such payment will be a matter for agreement between the childcare services provider and the parent.
Information and documentation to be provided by parents and childcare services providers to the scheme administrator
5. (1) The childcare services provider shall, in connection with the payment of financial support under section 15(1) of the Act, provide to the scheme administrator their tax reference number together with their current tax clearance access number verified as compliant.
(2) The childcare services provider shall submit a service calendar annually to the scheme administrator in such form and manner and within such period as may be directed by the scheme administrator indicating the weeks during which the childcare service is open and the hours during which the service operates.
(3) Where a parent enters into an agreement in relation to the provision of childcare services in respect of a child, the childcare services provider shall provide the scheme administrator with the following information in relation to the child:
(a) child’s name;
(b) child’s date of birth;
(c) Childcare Identifier Code Key;
(d) the total number of hours per week of childcare to be provided to the child and in respect of which financial support is payable under section 15 of the Act and such childcare hours may be less than the hours specified in a determination under section 12 of the Act or the hours which are the subject of an agreement under section 14 of the Act, distinguishing term-time weeks from other weeks where applicable; and
(e) the number of weeks of childcare to be provided to the child and the end-date of the provision of childcare, where relevant.
(4) Where revised hours of childcare are the subject of an agreement in relation to the provision of childcare, the childcare services provider shall, immediately following the agreement in relation to revised hours, provide the scheme administrator with details of the revised hours of childcare.
(5) Where a parent notifies a childcare services provider that it wishes to cease the agreement in relation to the provision of childcare services to a child, the childcare services provider shall, before the end of the next reporting period as specified by the scheme administrator following the receipt of such a notification from a parent, provide the scheme administrator with details of the cessation of the childcare agreement including the date of the cessation of the provision of childcare services.
(6) A childcare services provider shall, in connection with the payment of financial support under section 15(1) of the Act and in accordance with weekly reporting requirements, provide the scheme administrator with details relating to a particular child where the hours of attendance of that child, at the end of an 8 week period immediately preceding the end date of the reporting period specified by the scheme administrator, are less than the registered hours relating to a determination under section 12 of the Act or the registered hours relating to an agreement under section 14 of the Act in each week of that 8 week period.
(7) Where the attendance of a particular child at a childcare services provider continues to be less than the registered hours relating to a determination under section 12 of the Act or the registered hours relating to an agreement under section 14 of the Act for a further period of 4 weeks following the reporting period referred to in Regulation 5(6), the childcare services provider shall submit to the scheme administrator the actual hours of attendance of the child for each week of that 12 week period.
(8) Where it is submitted by a parent that special circumstances apply to the attendance of a child who is the subject of a determination under section 12 of the Act for hours less than the registered hours relating to a determination under section 12 of the Act, the parent may submit relevant documentation and information to the scheme administrator in the manner and form specified by the scheme administrator.
(9) A childcare services provider shall in connection with the payment of financial support under section 15(1) of the Act and in accordance with weekly reporting requirements provide the scheme administrator with details relating to a particular child who is the subject of an agreement in relation to the provision of childcare services where the child has not attended the childcare services provider for a period of 4 weeks in the period immediately preceding the end date of the reporting period specified by the scheme administrator and such information shall include current information relating to the child’s attendance at the service.
(10) Where it is submitted by a parent that special circumstances apply to the non-attendance of a child who is the subject of a determination under section 12 of the Act in respect of the 4 week period immediately preceding the end date of the reporting period specified by the scheme administrator or a further period in excess of that 4 week period, the parent may submit relevant documentation and information to the scheme administrator in the manner and form specified by the scheme administrator.
(11) For the purposes of Regulations 5(8) and 5(10), “special circumstances” shall be construed in accordance with the Schedule to these Regulations and the maximum period in respect of which the scheme administrator may continue to pay financial support under Regulation 3(18) is also set out in the Schedule.
(12) The childcare services provider shall notify the scheme administrator and a parent who is in receipt of financial support in respect of a child who is the subject of a determination under section 12 of the Act, in the manner and means specified by the scheme administrator, of a proposed increase in fees at least 20 days before applying any such increase.
(13) The childcare services provider shall, in the form and manner specified by the scheme administrator, submit an annual financial declaration to the scheme administrator confirming that:
(a) annual accounts have been submitted within the statutory deadlines to the Companies Registration Office or to the Revenue Commissioners, as appropriate in the circumstances;
(b) the financial support payable under section 15 of the Act has been clearly and separately disclosed in the accounts;
(c) the financial support payable under section 15 of the Act has been offset in full in respect of the fee payable by a parent who is in receipt of financial support in relation to a child who is the subject of a determination under section 12 of the Act regarding the hours which are the subject of an agreement in relation to the provision of childcare services having regard to the published fee.
Form and manner of records to be kept by providers
6. (1) The childcare services provider shall ensure that all information and records relating to the payment of financial support under section 15 of the Act shall be kept in a form and manner which will enable an authorised officer within the meaning of section 18 of the Act to exercise his/her powers under the Act.
(2) The childcare services provider shall ensure that all information and records relating to the payment of financial support under section 15 of the Act shall be kept in a form and manner which will enable a review under paragraphs (e), (f) and (g) of section 17(2) of the Act to be carried out.
(3) The childcare services provider shall ensure that adequate and complete records are maintained in such form as the scheme administrator may specify relating to records of any amount due to a childcare services provider in respect of additional hours referred to at Regulation 4(1), and shall submit such information to the scheme administrator in the manner and form as requested and within the period specified.
(4) The childcare services provider shall maintain a record of the:
(a) attendance details in respect of each child attending the service which includes the time of arrival and the time of departure on each day of attendance and the person responsible for recording each arrival and departure in accordance with the template appended to the agreement between the Minister and the childcare services provider under section 8 of the Act at the relevant time;
(b) cessation of an agreement between a parent and a childcare services provider in relation to the provision of childcare to a child including the date of cessation;
(c) the continuous absence of a child for a complete week;
(d) the weekly hours of attendance of a child including where the number of hours of attendance are less than registered hours in respect of a child who is the subject of a determination under section 12 of the Act or the registered hours in respect of a child who is the subject of an agreement under section 14 of the Act, and
(e) the continued attendance of a child who is the subject of a determination under section 12 of the Act or an agreement under section 14 of the Act for less hours than the registered hours at the end of a relevant reporting period as specified by the scheme administrator.
(5) All reports, records, accounts and other documentation of the childcare services provider relating to the receipt by the childcare services provider of the financial support paid under section 15 of the Act and the application of that financial support to the fee charged to parents shall be maintained and made available, where requested, to the scheme administrator for a period of 6 years after the termination of each agreement between the Minister and the childcare services provider under section 8 of the Act.
Manner in which financial support is to be paid to providers
7. (1) The scheme administrator shall arrange to pay financial support unde section 15 of the Act to a childcare services provider in respect of a child who is the subject of an agreement in relation to the provision of childcare services by electronic funds transfer retrospectively on a weekly basis to the designated bank account details provided by the childcare services provider.
(2) The payment of financial support will continue to be made by the scheme administrator until the earlier of:
(a) the end date of the financial support as specified in a determination of the scheme administrator under section 12 of the Act or the end date of the financial support which is the subject of an agreement under section 14 of the Act;
(b) a date notified to the scheme administrator by the childcare services provider that the childcare services which are the subject of the agreement in relation to the provision of childcare services will cease;
(c) the date of the termination of the agreement by the Minister where the childcare services provider has not complied with the terms of the agreement between the childcare services provider and the Minister under section 8 of the Act or these Regulations; or
(d) a date determined by the scheme administrator following a review under section 17 of the Act which results in the cessation of financial support.
(3) The scheme administrator may, in respect of attendance by a child for part of an hour, round up the hours in respect of which financial support is payable under section 15 of the Act in relation to an agreement for the provision of childcare services to a whole hour of attendance for that day subject to the maximum weekly hours of childcare for the child not exceeding the service opening hours for that week.
(4) The payment of financial support by the scheme administrator under section 15 of the Act in respect of an agreement relating to the provision of childcare services may include hours relating to the provision of ancillary services inherently connected with the provision of a childcare service to a child.
SCHEDULE
(1) “Special circumstances” for the purposes of under attendance of a child and the corresponding maximum period for which the scheme administrator may continue to pay financial support are:
Qualifying circumstance
Maximum period for which financial support is payable
Attendance at medical or therapeutic appointments by the child, parent or sibling
Maximum of 16 weeks
(2) “Special circumstances” for the purposes of the non-attendance of a child and the corresponding maximum period (inclusive of the 4 week period referred to in Regulation 3(19)) for which the scheme administrator may continue to pay financial support are:
Qualifying circumstance
Maximum absence for which financial support is payable
Immediate family bereavement
6 weeks
Extended travel abroad once a year to the birthplace of the child or either of the child’s parents
6 weeks
Family moving into or out of emergency accommodation where the financial support payable is not the subject of an agreement under section 14 of the Act
6 weeks
Child moving into or out of care placement
6 weeks
Prolonged illness (more than 4 weeks), of either the child or a parent
12 weeks
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 15 of the Childcare Support Act 2018 .
These Regulations provide for the particulars relating to the conditions and circumstances for the payment of financial support, the information and documents to be provided by parents and childcare services providers for the purposes of such payments and the manner in which financial support is to be paid by the scheme administrator.
S.I. No. 375/2019 –
Childcare Support Act 2018 (Payment Of Financial Support) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 15 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Payment of financial support) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation
2. In these Regulations —
“Act” means the Childcare Support Act 2018 ;
“agreement in relation to the provision of childcare services” means an agreement in relation to the provision of childcare services referred to in section 15(1) of the Act between a parent and a childcare services provider or agreed between a body specified in Schedule 2 of the Act and a childcare services provider pursuant to an agreement under section 14 of the Act and in respect of which financial support is payable under section 15 of the Act;
“Childcare Identifier Code Key” means the unique reference number that the scheme administrator provides to a successful applicant for financial support in respect of a child in a determination under section 12 of the Act or provides to a parent or a body specified in Schedule 2 of the Act pursuant to an agreement under section 14 of the Act;
“day” means working day;
“ECCE” means the Early Childhood Care and Education programme funded by the Department of Children and Youth Affairs;
“information and records relating to the payment of financial support under section 15 of the Act” includes records relating to the attendance of a child;
“in loco parentis” means where a person is actively parenting the child on an ongoing basis including meeting the needs and expenses of the child, including circumstances without a formal arrangement approved by the court as well as circumstances where the person has been appointed as a guardian;
“non-term time week” means the week during which a child is not participating in the ECCE programme, the Early Start programme or school;
“registered hours” means the childcare hours relating to a child who is the subject of a determination under section 12 or the childcare hours relating to a child who is the subject of an agreement under section 14 of the Act, whichever is appropriate, and which are the subject of an agreement between a parent and a childcare services provider or a statutory body and a childcare services provider in relation to the provision of childcare services in respect of which financial support is payable under section 15 of the Act, and which are registered by the childcare services provider on the scheme administrator’s IT system;
“registration” means the registration of a child who is the subject of a determination under section 12 or an agreement under section 14 of the Act with a childcare services provider pursuant to an agreement between a parent and a childcare services provider or an agreement between a body specified in Schedule 2 of the Act and a childcare services provider;
“reporting period” means the period specified by the scheme administrator to childcare services providers for the purposes of making reports to the scheme administrator;
“special circumstances” has the meaning specified in Regulation 5(11);
“term-time week” means a week agreed between a parent and a provider as a term-time week during which a child is eligible to participate in the ECCE programme, the Early Start Programme or school.
Conditions and circumstances for the payment of financial support by the scheme administrator
3. (1) The scheme administrator may arrange to pay financial support under section 15 of the Act to a childcare service which is entered on the register of prescribed early years services established and maintained in accordance with section 58C of the Child Care Act 1991 .
(2) The scheme administrator shall arrange to pay financial support under section 15 of the Act to a childcare services provider subject to compliance by the childcare services provider with the conditions under which financial support is to be paid as set out in the agreement applying at that time between the provider and the Minister under section 8 of the Act and these Regulations.
(3) Financial support under section 15 of the Act shall be payable by the scheme administrator only in respect of registered hours.
(4) The payment of financial support by the scheme administrator under section 15 of the Act to a childcare services provider with whom a parent or a statutory body has entered into an arrangement to provide childcare services in respect of a child the subject of an agreement under section 14 shall be subject to the childcare services provider not charging the parent any fee in respect of the childcare hours which are the subject of the agreement.
(5) The payment of financial support to a childcare services provider in respect of a child will commence from the date of the commencement of the provision of childcare services to a child following registration of the child with a childcare services provider using a Childcare Identifier Code Key where the childcare is the subject of an agreement in relation to the provision of childcare services and such financial support shall not become due or be payable by the scheme administrator on a date earlier than 28th October 2019.
(6) Where a child is the subject of an agreement in relation to the provision of childcare services and a review has been carried out by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being increased, the scheme administrator shall arrange to pay the increase in the financial support with effect from the date of the review decision under section 17(4) of the Act or an earlier date at the discretion of the scheme administrator.
(7) Where an agreement in relation to the provision of childcare services in respect of a child is entered into following a review by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being increased, the scheme administrator shall arrange to pay the increase in the financial support with effect from the date of the commencement of the provision of childcare services to the child by a childcare services provider.
(8) Where a child is the subject of an agreement in relation to the provision of childcare services and a review has been carried out by the scheme administrator under section 17 of the Act and a determination under section 12 of the Act previously made by the scheme administrator is altered under section 17(4) of the Act resulting in the amount a parent is qualified to receive being reduced or terminated, following notification to the person who requested the review in accordance with section 17(7) of the Act, the scheme administrator shall arrange to pay the reduced financial support to the childcare services provider or terminate the financial support not earlier than 20 days after the giving of such notice.
(9) The childcare services provider shall publish a schedule of fees, in a form and manner specified by the scheme administrator which shall be displayed in the childcare service at all times in an area accessible to parents as well as on any online platform maintained by the childcare services provider for the purpose of advertising its service.
(10) Where a childcare services provider revises his or her fees and where the revised fee relates to an increase in fees payable, the childcare services provider shall give a minimum of 20 days’ notice to the scheme administrator and a parent who is in receipt of financial support in accordance with a determination under section 12 of the Act in a form and manner specified by the scheme administrator.
(11) Where a childcare services provider fails to publish a schedule of fees in accordance with Regulation 3(9) or fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in accordance with the reporting period specified by the scheme administrator, the scheme administrator may, immediately and without notice, suspend the payment of financial support payable under section 15 of the Act in respect of a child.
(12) Where a childcare services provider fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in accordance with the reporting period specified by the scheme administrator, the childcare services provider, may, on no more than two occasions which shall not be consecutive, during the period of the agreement between a childcare services provider and the Minister under section 8 of the Act, make a request, in writing or verbally as specified by the scheme administrator, for the continuation of the financial support and the scheme administrator may, at its discretion, arrange to pay financial support in respect of a child in accordance with section 15 of the Act.
(13) Where the scheme administrator continues to pay financial support to a childcare services provider under Regulation 3(12) and the provider fails to submit the records specified in Regulations 5(6), 5(7) and 5(9) in the following reporting period, the scheme administrator shall suspend the payment of financial support until the outstanding records have been submitted.
(14) The childcare services provider shall, at all times, in an area accessible to parents in the childcare service, display the service calendar in a form and manner specified by the scheme administrator.
(15) Financial support payable by the scheme administrator under section 15 of the Act relating to childcare hours which are the subject of a determination under section 12 of the Act shall be offset in full by a childcare services provider against the fee which is the subject of an agreement with a parent and such fee shall be no greater than the fee published by the childcare services provider pursuant to Regulation 3(9).
(16) Where a parent has failed to provide the required 4 weeks’ notice of the cessation of the agreement in accordance with the terms of the agreement in relation to the provision of childcare services and the childcare services provider has requested the continuation of the financial support up to a maximum period of 4 weeks, the scheme administrator may, at its discretion, arrange to pay the financial support for a period which shall not exceed 4 weeks.
(17) The scheme administrator shall not pay financial support under Regulation 3(16) relating to a failure to give 4 weeks’ notice of the cessation of an agreement where payment of financial support is made –
(a) in respect of a period of non-attendance by a child for a 4 week period referred to in Regulation 5(10), or
(b) in respect of the non-attendance by a child for a 4 week period forming part of a maximum period of absence which may be approved by the scheme administrator under Regulation 3(18), and
in either case where the period in respect of which payment is made immediately precedes the period in respect of which there was failure to give notice of the cessation of the agreement.
(18) Where it is submitted by a parent in accordance with Regulation 5(8) that special circumstances apply to the attendance of a child who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act for hours less than the registered hours or submitted by a parent in accordance with Regulation 5(10) that special circumstances apply to the non-attendance of a child who is the subject of such an agreement, the continuation of the payment of financial support and the maximum period for which it shall continue shall, subject to the Schedule to these Regulations, be at the discretion of the scheme administrator.
(19) The scheme administrator may cease payment of financial support where there is non-attendance by a child, who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act, for a period in excess of 4 weeks and the scheme administrator has determined that special circumstances do not apply to the non-attendance of the child or where no submission was made by a parent under Regulation 5(10) to the scheme administrator in relation to special circumstances.
(20) The scheme administrator may cease payment of financial support where there is continued non-attendance by a child, who is the subject of an agreement in relation to the provision of childcare services in accordance with a determination under section 12 of the Act, for a period in excess of the maximum period of absence for which financial support may be payable by the scheme administrator under paragraph 2 of the Schedule to these Regulations.
(21) The scheme administrator may pay financial support based on the average hours attended by a child in the previous 12 weeks where it has determined that special circumstances do not apply to the attendance of a child for hours less than the registered hours relating to a determination under section 12 or where no submission was made by a parent under Regulation 5(8) to the scheme administrator in relation to special circumstances.
(22) Where the scheme administrator pays financial support based on the average hours attended by a child in the previous 12 weeks in accordance with Regulation 3(21), the registered hours may not be increased upwards on foot of a revised agreement in relation to the provision of childcare services for a period of 8 weeks.
(23) Where payment of financial support by the scheme administrator is based on average hours in accordance with Regulation 3(21), a lesser period than permitted in Regulation 3(22), during which registered hours may not be increased upwards, may apply at the discretion of the scheme administrator.
(24) The scheme administrator may pay financial support based on the average hours attended by a child where there is continued attendance of a child for hours less than the registered hours relating to a determination under section 12 of the Act, for a period in excess of the maximum period for which financial support may be payable by the scheme administrator in accordance with paragraph 1 of the Schedule to these Regulations.
(25) Where the scheme administrator determines that attendance records relating to the attendance of a child are not maintained in accordance with Regulation 6(4)(a), the scheme administrator may suspend, withdraw or vary the payment of financial support as it may consider appropriate in the circumstances.
(26) Subject to Regulation 3(25), where attendance records do not record the times of arrival and departure in respect of each day that a child attends a childcare service, the payment of financial support in respect of a child who is the subject of a determination under section 12 of the Act, may be reduced to one hour per day of attendance, where, following a notice given to the childcare services provider, the records continue to be maintained other than in accordance with Regulation 6(4)(a).
(27) The childcare services provider shall maintain any necessary employer’s liability insurance and public liability insurance adequate and necessary to operate and deliver the service, to operate its business and cover all liabilities of the childcare services provider arising in relation to the early years service.
Conditions and circumstances for the making of payments by a parent to a childcare services provider with whom an agreement is entered
4. (1) Where a child is the subject of an agreement in relation to the provision of childcare services for childcare hours in excess of the hours for which financial support is payable by the scheme administrator in respect of a child who is the subject of a determination under section 12 of the Act, any fee payable to the childcare services provider in respect of the additional hours shall be payable by the parent directly to the childcare services provider.
(2) The amount payable by a parent to a childcare services provider in respect of a child who is the subject of an agreement in relation to the provision of childcare services shall be no greater than the difference between the fee amount set out in the agreement between the parent and the childcare services provider having regard to the published fee and the financial support payable in accordance with a determination under section 12 of the Act.
(3) The method of payment of any amount due to a childcare services provider in respect of the difference between the fee amount set out in the agreement between the parent and the childcare services provider and the financial support payable in accordance with a determination under section 12 of the Act, and the manner and means of making any such payment will be a matter for agreement between the childcare services provider and the parent.
Information and documentation to be provided by parents and childcare services providers to the scheme administrator
5. (1) The childcare services provider shall, in connection with the payment of financial support under section 15(1) of the Act, provide to the scheme administrator their tax reference number together with their current tax clearance access number verified as compliant.
(2) The childcare services provider shall submit a service calendar annually to the scheme administrator in such form and manner and within such period as may be directed by the scheme administrator indicating the weeks during which the childcare service is open and the hours during which the service operates.
(3) Where a parent enters into an agreement in relation to the provision of childcare services in respect of a child, the childcare services provider shall provide the scheme administrator with the following information in relation to the child:
(a) child’s name;
(b) child’s date of birth;
(c) Childcare Identifier Code Key;
(d) the total number of hours per week of childcare to be provided to the child and in respect of which financial support is payable under section 15 of the Act and such childcare hours may be less than the hours specified in a determination under section 12 of the Act or the hours which are the subject of an agreement under section 14 of the Act, distinguishing term-time weeks from other weeks where applicable; and
(e) the number of weeks of childcare to be provided to the child and the end-date of the provision of childcare, where relevant.
(4) Where revised hours of childcare are the subject of an agreement in relation to the provision of childcare, the childcare services provider shall, immediately following the agreement in relation to revised hours, provide the scheme administrator with details of the revised hours of childcare.
(5) Where a parent notifies a childcare services provider that it wishes to cease the agreement in relation to the provision of childcare services to a child, the childcare services provider shall, before the end of the next reporting period as specified by the scheme administrator following the receipt of such a notification from a parent, provide the scheme administrator with details of the cessation of the childcare agreement including the date of the cessation of the provision of childcare services.
(6) A childcare services provider shall, in connection with the payment of financial support under section 15(1) of the Act and in accordance with weekly reporting requirements, provide the scheme administrator with details relating to a particular child where the hours of attendance of that child, at the end of an 8 week period immediately preceding the end date of the reporting period specified by the scheme administrator, are less than the registered hours relating to a determination under section 12 of the Act or the registered hours relating to an agreement under section 14 of the Act in each week of that 8 week period.
(7) Where the attendance of a particular child at a childcare services provider continues to be less than the registered hours relating to a determination under section 12 of the Act or the registered hours relating to an agreement under section 14 of the Act for a further period of 4 weeks following the reporting period referred to in Regulation 5(6), the childcare services provider shall submit to the scheme administrator the actual hours of attendance of the child for each week of that 12 week period.
(8) Where it is submitted by a parent that special circumstances apply to the attendance of a child who is the subject of a determination under section 12 of the Act for hours less than the registered hours relating to a determination under section 12 of the Act, the parent may submit relevant documentation and information to the scheme administrator in the manner and form specified by the scheme administrator.
(9) A childcare services provider shall in connection with the payment of financial support under section 15(1) of the Act and in accordance with weekly reporting requirements provide the scheme administrator with details relating to a particular child who is the subject of an agreement in relation to the provision of childcare services where the child has not attended the childcare services provider for a period of 4 weeks in the period immediately preceding the end date of the reporting period specified by the scheme administrator and such information shall include current information relating to the child’s attendance at the service.
(10) Where it is submitted by a parent that special circumstances apply to the non-attendance of a child who is the subject of a determination under section 12 of the Act in respect of the 4 week period immediately preceding the end date of the reporting period specified by the scheme administrator or a further period in excess of that 4 week period, the parent may submit relevant documentation and information to the scheme administrator in the manner and form specified by the scheme administrator.
(11) For the purposes of Regulations 5(8) and 5(10), “special circumstances” shall be construed in accordance with the Schedule to these Regulations and the maximum period in respect of which the scheme administrator may continue to pay financial support under Regulation 3(18) is also set out in the Schedule.
(12) The childcare services provider shall notify the scheme administrator and a parent who is in receipt of financial support in respect of a child who is the subject of a determination under section 12 of the Act, in the manner and means specified by the scheme administrator, of a proposed increase in fees at least 20 days before applying any such increase.
(13) The childcare services provider shall, in the form and manner specified by the scheme administrator, submit an annual financial declaration to the scheme administrator confirming that:
(a) annual accounts have been submitted within the statutory deadlines to the Companies Registration Office or to the Revenue Commissioners, as appropriate in the circumstances;
(b) the financial support payable under section 15 of the Act has been clearly and separately disclosed in the accounts;
(c) the financial support payable under section 15 of the Act has been offset in full in respect of the fee payable by a parent who is in receipt of financial support in relation to a child who is the subject of a determination under section 12 of the Act regarding the hours which are the subject of an agreement in relation to the provision of childcare services having regard to the published fee.
Form and manner of records to be kept by providers
6. (1) The childcare services provider shall ensure that all information and records relating to the payment of financial support under section 15 of the Act shall be kept in a form and manner which will enable an authorised officer within the meaning of section 18 of the Act to exercise his/her powers under the Act.
(2) The childcare services provider shall ensure that all information and records relating to the payment of financial support under section 15 of the Act shall be kept in a form and manner which will enable a review under paragraphs (e), (f) and (g) of section 17(2) of the Act to be carried out.
(3) The childcare services provider shall ensure that adequate and complete records are maintained in such form as the scheme administrator may specify relating to records of any amount due to a childcare services provider in respect of additional hours referred to at Regulation 4(1), and shall submit such information to the scheme administrator in the manner and form as requested and within the period specified.
(4) The childcare services provider shall maintain a record of the:
(a) attendance details in respect of each child attending the service which includes the time of arrival and the time of departure on each day of attendance and the person responsible for recording each arrival and departure in accordance with the template appended to the agreement between the Minister and the childcare services provider under section 8 of the Act at the relevant time;
(b) cessation of an agreement between a parent and a childcare services provider in relation to the provision of childcare to a child including the date of cessation;
(c) the continuous absence of a child for a complete week;
(d) the weekly hours of attendance of a child including where the number of hours of attendance are less than registered hours in respect of a child who is the subject of a determination under section 12 of the Act or the registered hours in respect of a child who is the subject of an agreement under section 14 of the Act, and
(e) the continued attendance of a child who is the subject of a determination under section 12 of the Act or an agreement under section 14 of the Act for less hours than the registered hours at the end of a relevant reporting period as specified by the scheme administrator.
(5) All reports, records, accounts and other documentation of the childcare services provider relating to the receipt by the childcare services provider of the financial support paid under section 15 of the Act and the application of that financial support to the fee charged to parents shall be maintained and made available, where requested, to the scheme administrator for a period of 6 years after the termination of each agreement between the Minister and the childcare services provider under section 8 of the Act.
Manner in which financial support is to be paid to providers
7. (1) The scheme administrator shall arrange to pay financial support unde section 15 of the Act to a childcare services provider in respect of a child who is the subject of an agreement in relation to the provision of childcare services by electronic funds transfer retrospectively on a weekly basis to the designated bank account details provided by the childcare services provider.
(2) The payment of financial support will continue to be made by the scheme administrator until the earlier of:
(a) the end date of the financial support as specified in a determination of the scheme administrator under section 12 of the Act or the end date of the financial support which is the subject of an agreement under section 14 of the Act;
(b) a date notified to the scheme administrator by the childcare services provider that the childcare services which are the subject of the agreement in relation to the provision of childcare services will cease;
(c) the date of the termination of the agreement by the Minister where the childcare services provider has not complied with the terms of the agreement between the childcare services provider and the Minister under section 8 of the Act or these Regulations; or
(d) a date determined by the scheme administrator following a review under section 17 of the Act which results in the cessation of financial support.
(3) The scheme administrator may, in respect of attendance by a child for part of an hour, round up the hours in respect of which financial support is payable under section 15 of the Act in relation to an agreement for the provision of childcare services to a whole hour of attendance for that day subject to the maximum weekly hours of childcare for the child not exceeding the service opening hours for that week.
(4) The payment of financial support by the scheme administrator under section 15 of the Act in respect of an agreement relating to the provision of childcare services may include hours relating to the provision of ancillary services inherently connected with the provision of a childcare service to a child.
SCHEDULE
(1) “Special circumstances” for the purposes of under attendance of a child and the corresponding maximum period for which the scheme administrator may continue to pay financial support are:
Qualifying circumstance
Maximum period for which financial support is payable
Attendance at medical or therapeutic appointments by the child, parent or sibling
Maximum of 16 weeks
(2) “Special circumstances” for the purposes of the non-attendance of a child and the corresponding maximum period (inclusive of the 4 week period referred to in Regulation 3(19)) for which the scheme administrator may continue to pay financial support are:
Qualifying circumstance
Maximum absence for which financial support is payable
Immediate family bereavement
6 weeks
Extended travel abroad once a year to the birthplace of the child or either of the child’s parents
6 weeks
Family moving into or out of emergency accommodation where the financial support payable is not the subject of an agreement under section 14 of the Act
6 weeks
Child moving into or out of care placement
6 weeks
Prolonged illness (more than 4 weeks), of either the child or a parent
12 weeks
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 15 of the Childcare Support Act 2018 .
These Regulations provide for the particulars relating to the conditions and circumstances for the payment of financial support, the information and documents to be provided by parents and childcare services providers for the purposes of such payments and the manner in which financial support is to be paid by the scheme administrator.
S.I. No. 377/2019 –
Childcare Support Act 2018 (Information to be Given by Employers and Education and Training Providers to the Scheme Administrator) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 30th July, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 10 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Information to be given by employers and education and training providers to the scheme administrator) Regulations 2019.
(2) These Regulations shall come into operation on 2 September 2019.
Interpretation
2. In these Regulations —
“Act” means the Childcare Support Act 2018 ;
“day” means working day;
“education and training provider” means the provider of any education or training programme that leads to an award on the National Framework of Qualifications and that is accredited by either Quality and Qualifications Ireland (QQI), the State Examinations Commission, a University or an Institute of Technology;
“employer” means the provider of any form of employment, apprenticeship, or participation in a statutory or State-sponsored labour market activation programme, that requires attendance or availability either every week or on a frequent and regular basis.
Information to be given by employers and education and training providers to the scheme administrator
3. (1) An employer shall, as required by the scheme administrator under section 10 of the Act to verify information provided in an application, provide in respect of an applicant or his or her partner the following information in respect of that person:
(a) the name and address of the employer;
(b) the date of commencement of the employment, the duration and the type of contract of employment, as appropriate;
(c) any other information that the scheme administrator requires in relation to the employment for the purpose of section 10(1) of the Act.
(2) An education and training provider shall, as required by the scheme administrator under section 10 of the Act to verify information provided in an application, provide in respect of an applicant or his or her partner the following information in respect of that person:
(a) the name and address of the education and training provider;
(b) confirmation that the person is attending or has attended a course of education or training;
(c) the title of the course;
(d) the start and end dates of the course;
(e) any other information that the scheme administrator requires in relation to the education or training programme for the purpose of section 10(1) of the Act.
(3) The information requested under Regulations 3(1) and 3(2) shall be submitted in writing by the employer or education and training provider in such format as specified in writing by the scheme administrator within 20 days of the receipt of a request for such information by the scheme administrator.
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GIVEN under my Official Seal,
24 July, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under the Childcare Support Act 2018 .
These Regulations provide for the particulars that shall be given by employers and education and training providers to the scheme administrator in order to verify information supplied by an applicant in an application for financial support under the Affordable Childcare Scheme.
S.I. No. 513/2019 –
Childcare Support Act 2018 (Processing of Personal Data) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 22nd October, 2019.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 24 of the Childcare Support Act 2018 (No. 11 of 2018), and following consultation with the Data Protection Commissioner, hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Processing of personal data) Regulations 2019.
(2) These Regulations shall come into operation on 28 October 2019.
Interpretation
2. In these Regulations —
“Act” means the Childcare Support Act 2018;
“Act of 2013” means the Education and Training Boards Act 2013 .
Prescribed persons
3. The following persons are prescribed pursuant to section 24(2) of the Act for the purposes of section 24(1) of the Act –
(a) an Appeals officer appointed under section 20(2) of the Act,
(b) a Principal of a post-primary school or a centre for education which is recognised by the Minister for Education and Skills under section 10 of the Education Act 1998 ,
(c) a Principal or Manager of a recognised school, centre for education and education or training facility established, maintained or resourced under section 10 of the Act of 2013,
(d) a Director of further education and training or a Director of schools in an Education and Training Board established under the Act of 2013,
(e) a Registrar of an institution of higher education within the meaning of section 1 of the Higher Education Authority Act 1971 ,
(f) an agent acting on behalf of a statutory body specified in Schedule 2 of the Act for the purposes of section 14 of the Act.
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GIVEN under my Official Seal,
16 October, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 24 of the Childcare Support Act 2018.
These Regulations provide, following consultation with the Data Protection Commissioner, for the prescribing of persons additional to those listed in Schedule 3 who may process personal data for a relevant purpose relating to the Affordable Childcare Scheme.
S.I. No. 528/2019 –
Childcare Support Act 2018 (Assessment of Income) (Amendment) Regulations 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th October, 2019.
I, Katherine Zappone, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 11 of the Childcare Support Act 2018 (No. 11 of 2018), hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Assessment of Income) (Amendment) Regulations 2019.
(2) These Regulations shall come into operation on 28 October 2019.
Interpretation
2. In these Regulations, “Principal Regulations” means the Childcare Support Act 2018 (Assessment of Income) Regulations 2019 (S.I. 373 of 2019).
Amendment of Principal Regulations
3. Regulation 4 of the Principal Regulations is amended by the substitution of the following paragraph for paragraph (5) –
“(5) Where a manual assessment of net income is carried out under Regulation 4(1)(b)(i), the applicant may –
(a) from 1 January to 28 February of a calendar year or from 1 January to 29 February in a leap year, choose one of the following as the period in respect of which income will be assessed:
(i) 1 January to 31 December of the previous calendar year; or
(ii) the four weeks prior to the Sunday preceding the submission of the application.
(b) from 1 March to 31 December of a calendar year, choose one of the following as the period in respect of which income will be assessed:
(i) 1 January to 31 December of the previous calendar year;
(ii) 1 January of the current year to the Sunday preceding the submission of the application; or
(iii) the four weeks prior to the Sunday preceding the submission of the application where the applicant or his or her partner has sustained a reduction in net income and where the applicant reasonably believes such reduction will endure for an indefinite period.
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GIVEN under my Official Seal,
23 October, 2019.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Regulations previously made under section 11 of the Childcare Support Act 2018 (S.I. 373/2019) to bring greater clarity to the period which an applicant may choose as the reference period in respect of which income will be assessed by the scheme administrator where a manual assessment of income is selected by an applicant.
S.I. No. 33/2020 –
Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2020
“Iris Oifigiúil” of 7th February, 2020.
I, KATHERINE ZAPPONE, Minister for Children and Youth Affairs, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2020.
(2) These Regulations shall come into operation on 4th February 2020.
Interpretation
2. In these Regulations, “Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
3. Schedule 4 of the Principal Regulations is amended by the substitution of the following schedule for schedule 4 –
“SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours per week for which an applicant may qualify for financial support shall be:
(a) 40 hours per week (rising to 45 hours per week with effect from 7 September 2020) where the child is under 3 years of age and does not qualify for either ECCE or any pre-school programme funded by the Minister for Children and Youth Affairs or the Minister for Education and Skills;
(b) where the child is under 3 years of age and qualifies for ECCE or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, the maximum number of hours for which an applicant will qualify for financial support will be the difference between 40 hours per week (rising to 45 hours per week with effect from 7 September 2020) and any hours per week in relation to a pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills; or
(c) 40 hours per week (rising to 45 hours per week with effect from 7 September 2020) where the child has reached 3 years of age and does not yet qualify for the ECCE programme or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, until such time as they are eligible for ECCE at which point eligibility for non-income related financial support ceases.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 40 hours (rising to 45 hours per week with effect from 7 September 2020) less any hours for which the child is enrolled in or eligible to be enrolled in ECCE, the Early Start Programme or school in a term-time week; and
– 40 hours in any other week (rising to 45 hours per week with effect from 7 September 2020).
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 15 hours (rising to 20 hours per week with effect from 7 September 2020) less any hours for which the child is enrolled in or eligible to be enrolled in ECCE, the Early Start Programme or school in a term-time week; and
– 15 hours in any other week (rising to 20 hours per week with effect from 7 September 2020).”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
31 January, 2020.
PASCHAL DONOHOE,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
4 February, 2020.
KATHERINE ZAPPONE,
Minister for Children and Youth Affairs.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
The Regulations amend the Regulations previously made under section 13 of the Childcare Support Act 2018 (S.I. 378/2019) to give effect to revised maximum hours with effect from 7 September 2020 in respect of which an applicant may qualify for financial support.
S.I. No. 198/2022 –
Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th April, 2022.
I, RODERIC O GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
1. These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2022.
2. These Regulations shall come into operation on 2 May 2022.
Interpretation
3. In these Regulations –
“Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
4. Schedule 4 of the Principal Regulations is amended by the substitution of the following schedule for schedule 4 –
“SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours per week for which an applicant may qualify for financial support shall be:
(a) 45 hours per week where the child is under 3 years of age, or
(b) 45 hours per week where the child has reached 3 years of age and does not yet qualify for the ECCE programme or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, until such time as they are eligible for ECCE at which point eligibility for non-income related financial support ceases.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 45 hours
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 20 hours.”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
21 April, 2022.
MICHAEL MCGRATH,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
25 April, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
The Regulation amends the Regulations previously made under section 13 of the Childcare Support Act 2018 (S.I. 378/2019) and (S.I. 33/2020) to allow for the discontinuance of the practice of deducting hours spent in Early Childhood Education and Care (ECCE) or any pre-school programme funded by the Minister for Children and Youth Affairs or the Minister for Education and Skills or school from the entitlement to National Childcare Scheme (NCS) subsidised hours.
S.I. No. 198/2022 –
Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 29th April, 2022.
I, RODERIC O GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
1. These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2022.
2. These Regulations shall come into operation on 2 May 2022.
Interpretation
3. In these Regulations –
“Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
4. Schedule 4 of the Principal Regulations is amended by the substitution of the following schedule for schedule 4 –
“SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours per week for which an applicant may qualify for financial support shall be:
(a) 45 hours per week where the child is under 3 years of age, or
(b) 45 hours per week where the child has reached 3 years of age and does not yet qualify for the ECCE programme or any other pre-school programme funded by either the Minister for Children and Youth Affairs or the Minister for Education and Skills, until such time as they are eligible for ECCE at which point eligibility for non-income related financial support ceases.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 45 hours
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 20 hours.”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
21 April, 2022.
MICHAEL MCGRATH,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
25 April, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
The Regulation amends the Regulations previously made under section 13 of the Childcare Support Act 2018 (S.I. 378/2019) and (S.I. 33/2020) to allow for the discontinuance of the practice of deducting hours spent in Early Childhood Education and Care (ECCE) or any pre-school programme funded by the Minister for Children and Youth Affairs or the Minister for Education and Skills or school from the entitlement to National Childcare Scheme (NCS) subsidised hours.
S.I. No. 367/2022 –
Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 2) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 22nd July, 2022.
I, RODERIC O GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment No. 2) Regulations 2022.
These Regulations shall come into operation on 29 August 2022.
Interpretation
In these Regulations —
“Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
The Principal Regulations are amended by the substitution of –
(a) Schedule 1 for Schedule 1 of the Principal Regulations,
(b) Schedule 3 for Schedule 3 of the Principal Regulations, and
(c) Schedule 4 for Schedule 4 of the Principal Regulations.
“SCHEDULE 1
Amounts per hour of non-income related financial support
Non-income related financial support shall be calculated at the following rate:
€0.50 per hour in the case of a child who is older than 24 weeks of age and under 15 years of age.”
“SCHEDULE 3
Methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated
(a) The base income threshold shall be €26,000.
(b) If an applicant qualifies for income-related financial support, the scheme administrator shall determine the amount per hour of income-related financial support as follows:
(i) where an applicant’s reckonable income is below or equal to the base income threshold, the maximum amount per hour will apply;
(ii) where an applicant’s reckonable income is at or exceeds the income limit, the amount per hour shall be zero;
(iii) where an applicant’s reckonable income is between the base income threshold and the income limit, the amount per hour shall be determined by the following formula:
/images/en.si.2022.0367.0001.jpg
where–
NS is the minimum amount of financial support per hour,
XS is the maximum amount of financial support per hour,
MT is the income limit,
BT is the base income threshold, and
RI is the reckonable income.
(c) In determining the amount per hour, if any, of income-related financial support, a Multiple Child Discount shall be applied to net income by the scheme administrator in relation to children under the age of 15 years –
(1) who reside with the applicant or with his or her partner, and
(2) where the applicant or his or her partner is a parent of the child.
The discount which shall be applied to net income to determine the amount per hour of income related financial support shall be:
(i) €4,300 in relation to two children;
(ii) €8,600 in relation to more than two children.”
“SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) 45 hours per week where the child is under 15 years of age.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 45 hours
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 20 hours.”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal of the Minister for Public Expenditure and Reform,
14 July, 2022.
MICHAEL MCGRATH,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
14 July, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
The Regulations amend the Regulations previously made under section 13 of the Childcare Support Act 2018 ( S.I. 378/2019 ), ( S.I. 33/2020 ) and ( S.I. 198/2022 ) to extend the universal subsidy to children under 15 years of age.
S.I. No. 367/2022 –
Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 2) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 22nd July, 2022.
I, RODERIC O GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment No. 2) Regulations 2022.
These Regulations shall come into operation on 29 August 2022.
Interpretation
In these Regulations —
“Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
The Principal Regulations are amended by the substitution of –
(a) Schedule 1 for Schedule 1 of the Principal Regulations,
(b) Schedule 3 for Schedule 3 of the Principal Regulations, and
(c) Schedule 4 for Schedule 4 of the Principal Regulations.
“SCHEDULE 1
Amounts per hour of non-income related financial support
Non-income related financial support shall be calculated at the following rate:
€0.50 per hour in the case of a child who is older than 24 weeks of age and under 15 years of age.”
“SCHEDULE 3
Methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated
(a) The base income threshold shall be €26,000.
(b) If an applicant qualifies for income-related financial support, the scheme administrator shall determine the amount per hour of income-related financial support as follows:
(i) where an applicant’s reckonable income is below or equal to the base income threshold, the maximum amount per hour will apply;
(ii) where an applicant’s reckonable income is at or exceeds the income limit, the amount per hour shall be zero;
(iii) where an applicant’s reckonable income is between the base income threshold and the income limit, the amount per hour shall be determined by the following formula:
/images/en.si.2022.0367.0001.jpg
where–
NS is the minimum amount of financial support per hour,
XS is the maximum amount of financial support per hour,
MT is the income limit,
BT is the base income threshold, and
RI is the reckonable income.
(c) In determining the amount per hour, if any, of income-related financial support, a Multiple Child Discount shall be applied to net income by the scheme administrator in relation to children under the age of 15 years –
(1) who reside with the applicant or with his or her partner, and
(2) where the applicant or his or her partner is a parent of the child.
The discount which shall be applied to net income to determine the amount per hour of income related financial support shall be:
(i) €4,300 in relation to two children;
(ii) €8,600 in relation to more than two children.”
“SCHEDULE 4
Maximum number of hours in respect of which an applicant may qualify for financial support
Maximum number of hours for non-income related financial support
In the case of an application for non-income related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) 45 hours per week where the child is under 15 years of age.
Maximum number of hours for income-related financial support
In the case of an application for income-related financial support, the maximum number of hours of financial support for which an applicant may qualify shall be:
(a) where the applicant and his or her partner both satisfy one or more of the following –
i) are engaged in work or study,
ii) are transitioning into or out of work or study, or
iii) are unavailable to care for the child who is the subject of the application,
the maximum number of hours per week of income-related financial support for which the applicant qualifies, is:
– 45 hours
(b) Where the criteria specified in paragraph (a) above are not met, then the maximum number of hours per week of financial support for which an applicant qualifies is:
– 20 hours.”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal of the Minister for Public Expenditure and Reform,
14 July, 2022.
MICHAEL MCGRATH,
Minister for Public Expenditure and Reform.
/images/ls
GIVEN under my Official Seal,
14 July, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
The Regulations amend the Regulations previously made under section 13 of the Childcare Support Act 2018 ( S.I. 378/2019 ), ( S.I. 33/2020 ) and ( S.I. 198/2022 ) to extend the universal subsidy to children under 15 years of age.
S.I. No. 701/2022 –
Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 3) Regulations 2022
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 27th December, 2022.
I, RODERIC O GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in the exercise of the powers conferred on me by section 13 of the Childcare Support Act 2018 (No. 11 of 2018), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:
Citation and commencement
1. These Regulations may be cited as the Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment No. 3) Regulations 2022.
2. These Regulations shall come into operation on 2 January 2023.
Interpretation
3. In these Regulations —
“Principal Regulations” means the Childcare Support Act 2018 (Calculation of amount of financial support) Regulations 2019 (S.I. 378 of 2019).
Amendment of Principal Regulations
4. Schedule 1 of the Principal Regulations is amended by the substitution of the following schedule for schedule 1.
5. Schedule 3 of the Principal Regulations is amended by the substitution of the following schedule for schedule 3.
“SCHEDULE 1
Amounts per hour of non-income related financial support
Non-income related financial support shall be calculated at the following rate:
€1.40 per hour in the case of a child who is older than 24 weeks of age and under 15 years of age.”
“SCHEDULE 3
Methodology in accordance with which the amount per hour (if any) of income-related financial support shall be calculated
(a) The base income threshold shall be €26,000.
(b) A minimum amount of income-related financial support at the rate of €1.40 applies to a child aged between 24 weeks and under 15 years of age.
(c) If an applicant qualifies for income-related financial support, the scheme administrator shall determine the amount per hour of income-related financial support as follows:
(i) where an applicant’s reckonable income is below or equal to the base income threshold, the maximum amount per hour will apply;
(ii) where an applicant’s reckonable income is at or exceeds the income limit, the amount per hour shall be zero;
(iii) where an applicant’s reckonable income is between the base income threshold and the income limit, the amount per hour shall be determined by the following formula:
Rate per hour = NS + (((XS-NS)(MT-RI))/((MT-BT)))
where–
NS is the minimum amount of financial support per hour,
XS is the maximum amount of financial support per hour,
MT is the income limit,
BT is the base income threshold, and
RI is the reckonable income.
(d) In determining the amount per hour, if any, of income-related financial support, a Multiple Child Discount shall be applied to net income by the scheme administrator in relation to children under the age of 15 years –
(1) who reside with the applicant or with his or her partner, and
(2) where the applicant or his or her partner is a parent of the child.
The discount which shall be applied to net income to determine the amount per hour of income related financial support shall be:
(i) €4,300 in relation to two children;
(ii) €8,600 in relation to more than two children.”
The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
15 December, 2022.
MICHAEL MCGRATH,
Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
15 December, 2022.
RODERIC O’GORMAN,
Minister for Children, Equality, Disability, Integration and Youth.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations are made pursuant to powers conferred on the Minister for Children and Youth Affairs under section 13 of the Childcare Support Act 2018 with the consent of the Minister for Public Expenditure and Reform.
These Regulations amend the Regulations previously made under section 13 of the Childcare Support Act 2018 ( S.I. 378/2019 ), and (S.I. No. 367/2022) to increase the hourly minimum award from €0.50 to €1.40.