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The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

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Partner of a parent of the child

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10.—(1) For the purposes of section 1(2) and (3) of the Act, a person is to be regarded as another person’s partner if they are both at least 16 years old and either—

(a)they are married to, or civil partners of, each other and are members of the same household; or

(b)they are not married to, or civil partners of, each other but are living together as a married couple or as civil partners.

(2) Where two people are parties to a polygamous marriage, they are not regarded as partners for the purposes of section 1(2) and (3) of the Act if—

(a)one of them is party to an earlier marriage that still subsists; and

(b)the other party to that earlier marriage is living in the same household.

(3) A person’s partner who is temporarily absent from the person’s household at the date of the declaration is not to be regarded as the person’s partner for the purposes of section 1(2) and (3) of the Act if—

(a)the absence exceeds, or is expected to exceed, 6 months; or

(b)the absent person is a prisoner.

(4) In this regulation, “polygamous marriage” means a marriage during which a party to it is married to more than one person and which took place under the laws of a country which permits polygamy.

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