S.I. No. 33/2020 - Childcare Support Act 2018 (Calculation of amount of financial support) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“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.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

31 January, 2020.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

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.