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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Tax Credits (Approval of Child Care Providers) Scheme 2005 No. 93 URL: https://www.bailii.org/uk/legis/num_reg/2005/20050093.html |
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Made | 24th January 2005 | ||
Laid before Parliament | 1st February 2005 | ||
Coming into force | 6th April 2005 |
Specified body
3.
The body specified for the purpose of giving approvals under this Scheme is Nestor Primecare Services Limited.
Requirements of the Scheme
4.
For the purposes of regulations made under section 12 of the Tax Credits Act 2002[7], a person shall be a child care provider approved in accordance with this Scheme only-
Qualifying Child Care
5.
- (1) Qualifying child care means care for a child provided by an individual on domestic premises for reward but does not include care referred to in paragraph (2).
(2) Qualifying child care does not include-
Approved person
6.
- (1) A person shall be given approval as a child care provider under this Scheme if the approval body is satisfied that the approval criteria are met in relation to that person.
(2) A person who has been given approval under paragraph (1) shall cease to be so approved if that approval is withdrawn by the approval body.
(3) The approval body may withdraw an approval if satisfied that the approval criteria are no longer met in relation to that person.
Approval criteria
7.
In relation to an application for approval as a child care provider the approval criteria are-
(c) that the applicant has obtained a relevant first-aid certificate; and
(d) that the applicant is not considered unsuitable to work with or have unsupervised access to children.
Approval system
8.
- (1) The approval body shall operate a system for the determination of applications for approval made to it under this Scheme and shall make adequate arrangements to publicise the details of that system.
(2) Without prejudice to the generality of paragraph (1), the approval system referred to in that paragraph shall in particular-
(3) The approval body shall maintain a record of those persons to whom an approval is granted for the time being under this Scheme.
(4) The records referred to in paragraphs (2) and (3) may be kept by means of a computer.
Provision of information by approval body
9.
The approval body shall supply to the Commissioners of Inland Revenue such information as they may require for the discharge of any of their functions relating to working tax credit and which is information relating to the approval, or the refusal or withdrawal of approval, of persons under this Scheme.
Period of approval
10.
- (1) An approval given under this Scheme shall state the period of its validity which shall not exceed a period of 12 months.
(2) Nothing in this article shall prejudice the application of article 6(2).
Appeals
11.
- (1) Where the approval body refuses an application for the grant of an approval or withdraws an approval previously granted, an appeal shall lie to the Tribunal against that decision.
(2) The provisions of the Tribunal Regulations shall apply to an appeal under paragraph (1) as they apply to an appeal under section 79M of the 1989 Act and as if those provisions were set out in this Scheme, but with the modifications referred to in paragraph (3).
(3) Schedule 2 to the Tribunal Regulations shall apply as if-
(4) The said paragraph 3(3)(c) shall apply as if-
(5) On an appeal, the Tribunal may-
Fees
12.
The approval body may charge any person seeking approval under this Scheme such reasonable fee as it shall, subject to the approval of the Secretary of State, determine.
Revocation and saving
13.
- (1) Subject to paragraph (2), the Tax Credit (Approval of Home Child Care Providers) Scheme 2003[11] (hereinafter referred to as "the 2003 Scheme") is hereby revoked.
(2) The provisions of the 2003 Scheme shall continue to have effect to the extent necessary to give full effect to paragraph (3).
(3) Any approval granted to any child care provider under the 2003 Scheme and which is in force on 6th April 2005 shall continue to have effect in respect of that provider under that Scheme until whichever is the earliest of-
Margaret Hodge
Minister of State Department for Education and Skills
24th January 2005
The Tax Credits (Approval of Home Child Care Providers) Scheme 2003 is revoked with savings for current approvals granted under that instrument (article 13).
This Scheme applies only in relation to England.
[6] SI 2002/816; as amended by SI 2003/1060 and SI 2005/2075.back
[7] 2002 c.21; the current regulations are the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I.2002/2005).back
[8] Part 10A was inserted by section 79 of the Care Standards Act 2000 (c.14).back
[9] The list is accessible on the Department for Education and Skills Website: www.dfes.gov.uk/childrenswfqualifications.back
© Crown copyright 2005