The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025
The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 amend the 2015 regulations to synchronize the application window for childcare top-up payments with the Free Childcare for Working Parents scheme.
These changes modify eligibility requirements regarding qualifying paid work, specifically adjusting the timeframe for declaring eligibility and defining the 'applicable period.' Transitional provisions are included to manage the shift between the old and new systems for applications between October 16, 2025, and January 31, 2026.
Arguments For
Aligns the application window for childcare top-up payments with the Free Childcare for Working Parents scheme, simplifying the process for parents.
Provides a more consistent and equitable application process for all eligible parents.
Improves administrative efficiency by streamlining the application process and reducing processing time.
Addresses potential inconsistencies in application periods identified in previous legislation.
Based on the need to harmonize application windows for better parental access to childcare support, as evidenced by the comparison with the FCWP scheme's application period.
Arguments Against
Potential for confusion or challenges for parents due to the transitional approach in the initial application stages leading to varied application rules and deadlines.
May lead to increased administrative burden in the initial period while the system adapts to the new guidelines.
May create issues for parents who were previously eligible but might find themselves having their applications affected by the implementation period of this amendment.
Lack of assessment on the impact of applying timelines which extend beyond the previous 31 day window that was established previously.
The long application times might cause delays in parents receiving support, thus impacting cost of living and ability to return to work.
- Citation, Commencement, Effect and Interpretation (1) These Regulations may be cited as the Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 and come into force on 15th September 2025. (2) Subject to regulation 3, the amendments made by regulation 2(2) and (3)(b) have effect in relation to an expected work start date which falls on or after 16th October 2025. (3) In these Regulations, “expected work start date” has the same meaning as in regulation 2(2).
This section establishes the title and effective date (September 15, 2025) of the regulations and clarifies that amendments primarily affect those with expected work start dates after October 16, 2025.
The definition of 'expected work start date' is deferred to a later section.
- Amendments to the Childcare Payments (Eligibility) Regulations 2015 (1) The Childcare Payments (Eligibility) Regulations 2015 are amended as follows. (2) In regulation 9 (the requirement to be in qualifying paid work), for paragraph (2) substitute— “(2) For the purposes of this regulation, where a person— (a) has accepted an offer of work on or before the date of the declaration of eligibility; or (b) is absent from work on unpaid leave on the date of the declaration of eligibility and intends to return to work; that person is to be treated as in paid work as an employed person during the applicable period. (2A) In this regulation— “applicable period” means, in respect of a person ("P") the period specified in the entry in column 2 of the table which corresponds with the entry in column 1 of the table which contains, at the date that P makes the declaration of eligibility, P’s expected work start date. [Table detailing applicable periods based on expected work start date] “expected work start date” means the date, at the time the person makes the declaration of eligibility, on which a person expects to begin a new job or return to work after a period of absence on unpaid leave or leave within regulation 12(1)(b) to (g), (i) to (m), (p) or (q).”. (3) In regulation 12 (qualifying paid work: time off in connection with sickness or parenting)— (a) in paragraph (2), for “paragraphs (3), (4) and (5)” substitute “paragraphs (3) and (4)”, (b) in paragraph (4), for the words from “only” to the end substitute “during the applicable period as defined in regulation 9(2A)”, (c) omit paragraph (5), and (d) in paragraph (7)(b), omit “, (h)”.
This section details amendments to the 2015 regulations.
Regulation 9 is revised to redefine eligibility for qualifying paid work, introducing the 'applicable period' which is defined in a table to clarify the window for applications.
Regulation 12, concerning time off for sickness or parenting, is amended to remove obsolete references and to align its application with the newly defined 'applicable period'.
- Transitional Provisions For an expected work start date which falls in the period beginning on 16th October 2025 and ending on 31st January 2026, the provisions of the Childcare Payments (Eligibility) Regulations 2015 that are amended by regulation 2(2) and (3)(b) are to be read as if— (a) in regulation 9— (i) in the words after paragraph (2)(b), for “the applicable period” there were substituted “the period beginning on 15th September 2025 and ending with the day before the day on which the person starts or returns to work”; and (ii) in paragraph (2A) the definition “applicable period” were omitted; and (b) in regulation 12, in paragraph (4), for “the applicable period as defined in regulation 9(2A)” there were substituted “the period beginning on 15th September 2025 and ending with the day before the day on which the person returns to work”.
This section outlines transitional provisions for those with expected work start dates between October 16, 2025, and January 31, 2026.
These provisions provide a temporary application period, bridging the gap between the old 31-day rule and the new 'applicable period' to allow adaptation for this transitionary period.