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

Qualifying paid work: caring, incapacity for work or limited capability for work

9.—(1) This regulation applies for any period during which—

(a)a person (“P”) has a partner who is in qualifying paid work; and

(b)P is—

(i)paid or entitled to incapacity benefit under section 30A, 40 or 41 of the Social Security Contributions and Benefits Act 1992(1) or section 30A, 40 or 41 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

(ii)paid or entitled to severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 or section 68 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (as they have effect by virtue of article 4 of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000(3) and article 4 of the Welfare Reform and Pensions (1999 Order) (Commencement No. 6 and Transitional and Savings Provisions) Order (Northern Ireland) 2000(4));

(iii)paid or entitled to long-term incapacity benefit under regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995(5) or regulation 11(4) or 17(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations (Northern Ireland) 1995(6);

(iv)paid or entitled to carer’s allowance under section 70 of the Social Security Contributions and Benefits Act 1992(7) or section 70 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(8);

(v)paid or entitled to contributory employment and support allowance under Part 1 of the Welfare Reform Act 2007(9) as amended by Schedule 3 and Part 1 of Schedule 14 to the Welfare Reform Act 2012(10) or under section 1 of the Welfare Reform Act (Northern Ireland) 2007(11);

(vi)entitled to national insurance credits on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975(12) or regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975(13);

(vii)paid or entitled to the carer element of universal credit under regulation 29 of the Universal Credit Regulations 2013(14) or regulation 30 of the Universal Credit Regulations (Northern Ireland) 2016(15); or

(viii)determined as having limited capability for work and work-related activity in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013 or regulations 40 and 41 of the Universal Credit Regulations (Northern Ireland) 2016.

(2) For the purposes of the Act, P is regarded—

(a)as in paid work during that period; and

(b)as having, for each week of that period, expected income from that work equal to the minimum weekly income.

(3) P’s partner is not in qualifying paid work for the purposes of paragraph (1)(a) during any period when that partner is paid or entitled to a benefit or an allowance, or is entitled to a credit, described in paragraph (1)(b).

(4) This regulation applies to a self-employed person, or that person’s partner, during any period for which paragraph (1) would have applied in that person’s, or that person’s partner’s, case but for the fact that the work performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.

(5) This regulation applies to a resident of another EEA state who under the law of that state is entitled to a benefit, allowance or credit which is substantially similar in character to a benefit, allowance or credit described in paragraph (1)(b).