Tax Credits (Approval of Home Child Care Providers) Scheme 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/463 |
2003 No. 463
TAX CREDITS
The Tax Credits (Approval of Home Child Care Providers) Scheme 2003
Made 25th February 2003
Laid before Parliament 4th March 2003
The Secretary of State for Education and Skills, being the appropriate national authority under section 12(6) of the Tax Credits Act 20021and in exercise of the powers conferred on the Secretary of State by sections 12(5), (7) and (8) and 65(9) of that Act, and after consultation with the Council of Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19922, hereby makes the following Scheme:
Citation, commencement and application
1. This Scheme shall be known as the Tax Credits (Approval of Home Child Care Providers) Scheme 2003.
Articles 1 to 16, 21 and 22 shall come into force on 25th March 2003; articles 17 to 20 shall come into force on 1st April 2003.
This Scheme applies in relation to England.
Definitions
2. In this Scheme–
“the 1989 Act” means the Children Act 19893;
“approval criteria” has the meaning given to it in article 8;
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England4;
“child” has the meaning attributed to it by the Child Tax Credit Regulations 20025;
“parent” includes a person who–
(a) has parental responsibility for a child;
(b) is a local authority foster parent in relation to a child;
(c) is a foster parent with whom a child has been placed by a voluntary organisation; and
(d) fosters a child privately;
“parental responsibility” and “fosters a child privately” have the meanings attributed to those respective expressions by sections 3 and 66 of the 1989 Act;
“qualifying child care” means care provided–
(a) for reward; and
(b) in respect of a child other than a child to whom the provider is a parent or relative;
“relative” in relation to a child means a grand parent, brother, sister, uncle or aunt (whether of the full blood or half blood or by affinity) or step-parent;
“the Tribunal” means the Tribunal established by section 9 of the Protection of Children Act 19996;
“the Tribunal Regulations” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 20027;
“the Suspension Regulations” means the Child Minding and Day Care (Suspension of Registration) (England) Regulations 20038.
Specified person
3. The person specified for the purpose of giving approvals under this Scheme is the Chief Inspector.
Requirements of the Scheme
4. For the purposes of regulation 14(2) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 20029, a person shall only be a child care provider approved in accordance with this Scheme–
if he is for the time being approved by the Chief Inspector; and
in respect of the provision by him of qualifying child care.
Approved person
5. The Chief Inspector may give an approval under this Scheme only in respect of a person who at the time of making the application is registered for child minding pursuant to section 79F(1) of the 1989 Act10.
Subject to the requirement of paragraph (1), a person shall be given approval as a child carer under this Scheme if the Chief Inspector is satisfied that the approval criteria are met in relation to that person.
A person who has been given approval under paragraph (2) shall cease to be so approved if that approval is withdrawn by the Chief Inspector or by virtue of an order under article 21.
The Chief Inspector may withdraw an approval if he is satisfied that the approval criteria, or any of the conditions attached by virtue of article 10 to which the giving of the approval is subject, are no longer met in relation to that person.
Approval system
6. The Chief Inspector shall operate a system for–
the determination of applications for approval made to him under this Scheme; and
the assessment of the extent to which the approval criteria continue to be met by a person so approved,
and shall make adequate arrangements to publicise the details of that system.
7. Without prejudice to the generality of article 6, the approval system referred to in that article shall in particular–
provide for a procedure by which applicants may apply for approval;
set out requirements relating to the provision by an applicant of documentary or other evidence necessary to demonstrate that the approval criteria are met;
provide for a procedure whereby approvals may be withdrawn;
arrange for child care provided by a person approved under this Scheme to be inspected or otherwise assessed at suitable intervals;
and may–
provide that reports of inspections or assessments be published in such form and manner as the Chief Inspector may determine;
provide for such inspections or assessments to be carried out by persons on behalf of the Chief Inspector.
Approval Criteria
8. The approval criteria shall be established by a Code of Practice issued by the Secretary of State for the purposes of this Scheme, which criteria shall address the matters referred to in the Schedule.
9. In determining whether in respect of any person approved for the purposes of this Scheme it is appropriate for any step referred to in articles 11, 17 or 21 to be taken, the Chief Inspector shall take into account the compliance by that person with the provisions of the Code of Practice.
Conditions
10. The giving of an approval under this Scheme may be made subject to any condition that the Chief Inspector considers appropriate and necessary having regard to the approval criteria, and the Chief Inspector may vary or remove any such condition, or may impose any such new condition.
Notice of intention to take steps
11. Where the Chief Inspector proposes–
to refuse an application for an approval;
to withdraw an approval previously granted;
to vary any condition to which an approval is subject or to impose any new condition; or
to refuse to grant an application for the removal or variation of any condition to which an approval is subject,
the provisions of section 79L of the 1989 Act (Notice of intention to take steps) shall apply to the taking of such step as they apply to the taking of a step referred to in the said section 79L and as if those provisions were set out in this Scheme, but with the modifications referred to in article 12.
12. Section 79L of the 1989 Act shall apply as if any reference in that section to–
the registration of any person were a reference to an approval of any person given under this Scheme;
the registration authority were a reference to the Chief Inspector;
an applicant were a reference to an applicant for approval under this Scheme;
a registered person were a reference to a person approved or seeking approval under this Scheme; and
an appeal under section 79M (Appeals) of the 1989 Act were a reference to an appeal under article 14 of this Scheme.
List of home child care providers
13. The Chief Inspector shall keep a list of child care providers for the time being approved under this Scheme.
Appeals
14. An appeal against the taking of any step referred to in article 11 or against an order under article 21 shall lie to the Tribunal.
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