Childcare Support Act 2018

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

(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

(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.