Childcare support act 2018

• Enactment Date: 02 July 2018
• Act Number: 11

Number 11 of 2018
CHILDCARE SUPPORT ACT 2018
CONTENTS
1. Interpretation
2. Establishment of Scheme
3. Scheme administrator
4. Functions of scheme administrator
5. Governance
6. Agreements relating to performance of certain functions
7. Persons eligible to apply for financial support
8. Approved childcare services provider
9. Application for financial support
10. Information to be given by employers and education and training providers to scheme administrator
11. Assessment of income
12. Determination of application for financial support
13. Calculation of amount of financial support
14. Provision for vulnerable children
15. Payment of financial support
16. Change of circumstances
17. Reviews
18. Authorised officers
19. Powers of authorised officers
20. Appeals
21. Recovery of payment of financial support
22. Amendment of Act of 1991
23. Amendment of section 265 of Act of 2005
24. Processing of personal data
25. Regulations
26. Review of Scheme
27. Transitional provision
28. Expenses
29. Offences
30. Short title and commencement
SCHEDULE 1
Assessment of Income
SCHEDULE 2
Agreements with Certain Statutory Bodies
SCHEDULE 3
Processing of Personal Data
Acts Referred to
Child Care Act 1991 (No. 17)
Civil Legal Aid Act 1995 (No. 32)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Companies Acts
Data Protection Acts 1988 and 2003
Education Act 1998 (No. 51)
Housing Act 1988 (No. 28)
International Protection Act 2015 (No. 66)
Local Government Act 2001 (No. 37)
Social Welfare Consolidation Act 2005 (No. 26)
Student Support Act 2011 (No. 4)
Number 11 of 2018
CHILDCARE SUPPORT ACT 2018
An Act to provide for the establishment of a scheme to be known as the Affordable Childcare Scheme under which financial support may be made available to persons in respect of childcare out of resources allocated to the Minister for the purposes of the Scheme and to provide for related matters.
[2nd July, 2018]
Be it enacted by the Oireachtas as follows:
		Interpretation
1. (1) In this Act—
	“Act of 1991” means the Child Care Act 1991 ;
	“Act of 2005” means the Social Welfare Consolidation Act 2005 ;
	“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
	“Act of 2015” means the International Protection Act 2015 ;
	“application for financial support” means an application for financial support under section 9 ;
	“applicant” means a person who has made an application under section 9 ;
	“approved childcare services provider” has the meaning assigned to it by section 8 ;
	“child” means a person under the age of 18 years;
	“childcare service” means a service providing a pre-school service or a school age service;
	“childcare services provider” means the provider of a pre-school service or a school age service whose name is entered in the register of prescribed early years services established and maintained in accordance with section 58C of the Act of 1991;
	“civil partner” shall be construed in accordance with section 3 of the Act of 2010;
	“cohabitant” shall be construed in accordance with section 172(1) of the Act of 2010;
	“couple” means—
	(a) two persons who are married to each other,
	(b) two persons who are civil partners of each other, or
	(c) two persons who are cohabitants,
	who are habitually living together;
	“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the protocol to Agreement done at Brussels on 17 March 1993;
	“financial support” means a payment made by the scheme administrator to an approved childcare services provider in accordance with the Scheme to assist a person in meeting the cost of childcare services and, where the context so requires, includes—
	(a) income-related or non-income related financial support the subject of a determination under section 12 , and
	(b) financial support the subject of an agreement under section 14 ;
	“income-related financial support” means financial support calculated on the basis of an assessment of the income of an applicant and his or her partner;
	“Minister” means the Minister for Children and Youth Affairs;
	“non-income related financial support” means financial support that is not calculated on the basis of the income of an applicant or his or her partner and does not include financial support under section 14 ;
	“parent” includes a person acting in loco parentis;
	“partner”, in relation to a person who is a member of a couple, means the person who is the other member of the couple;
	“personal public service number” has the same meaning as it has in the Act of 2005;
	“prescribed” means prescribed by regulations made by the Minister;
	“Scheme” means the Affordable Childcare Scheme established under section 2 ;
	“scheme administrator” means a body appointed under section 3 ;
	“school” has the same meaning as it has in the Education Act 1998 ;
	“statutory body” means—
	(a) a Minister of the Government,
	(b) a local authority within the meaning of the Local Government Act 2001 ,
	(c) a body established by or under statute,
	(d) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or
	(e) a company in which all the shares are held by a board, company, or other body referred to in paragraph (c) or a company referred to in paragraph (d) of this definition.
	(2) In this Act any reference to a partner of a person shall apply only if the person is a member of a couple.
		Establishment of Scheme
2. (1) On the coming into operation of this section there is established a scheme to be known as the Affordable Childcare Scheme (in this Act referred to as the “Scheme”) to be operated under and in accordance with this Act.
	(2) The Scheme is established for the purpose of providing financial support under this Act in respect of childcare services in accordance with this Act out of the resources allocated to the Scheme in each year in accordance with subsection (4) and shall consist of the provision of financial support in respect of childcare services for the purposes of and in accordance with the provisions of this Act and any regulations made thereunder.
	(3) It shall be a function of the scheme administrator to operate and administer the Scheme.
	(4) In the financial year 2019 and in each subsequent financial year the Minister shall, out of such monies as are available to the Minister for that financial year from monies provided by the Oireachtas, allocate such amount as he or she determines, with the consent of the Minister for Public Expenditure and Reform, to the scheme administrator for the provision of financial support under this Scheme in that financial year.
		Scheme administrator
3. (1) Subject to subsection (2), the Minister may appoint a body to perform the functions of a scheme administrator subject to such conditions as the Minister thinks fit and specifies in the appointment.
	(2) A scheme administrator may be one of the following:
	(a) a board, authority or other body established by or under an enactment (other than the Companies Acts) whose functions include the administration of schemes of payments;
	(b) a company under the Companies Acts, in which all the shares are held by or on behalf of or jointly with—
	(i) a Minister of the Government,
	(ii) directors appointed by a Minister of the Government, or
	(iii) a board, authority or other body referred to in paragraph (a),
	or
	(c) a company under the Companies Acts that is limited by guarantee without share capital, and in which directors are appointed by—
	(i) the Government or a Minister of the Government, or
	(ii) a board, authority or other body referred to in paragraph (a).
		Functions of scheme administrator
4. (1) In addition to performing any other functions conferred on it by or under this Act, the scheme administrator shall—
	(a) assess, review and inform the Minister of resources required by it for the purposes of performing its functions under this Act,
	(b) keep all proper and usual accounts of monies received by it, and expenditure of such monies incurred by it, in relation to the Scheme, and
	(c) furnish to the Minister any specified information in relation to the institution of proceedings for recovery of debt.
	(2) The scheme administrator has all such powers as are necessary for or incidental to the performance of its functions under this Act.
	(3) The scheme administrator may, with the consent of the Minister, issue guidelines consistent with this Act, whether relating to the performance of a function of the scheme administrator or otherwise, for the purpose of providing practical guidance in respect of any provision of this Act or regulations made under it.
	(4) The scheme administrator shall arrange for guidelines issued under this section to be published in such manner as the scheme administrator considers appropriate.
		Governance
5. (1) The Minister may from time to time issue directions to the scheme administrator as respects the Scheme, and, in performing any functions conferred on it by or under this Act, the scheme administrator shall comply with any such directions.
	(2) The Minister shall from time to time appoint persons to carry out periodic inspections, reviews and audits in relation to the performance by the scheme administrator of its functions under this Act and to furnish a report in relation to such inspections, reviews and audits to the Minister, and the persons so appointed shall carry out such inspections and reviews and furnish such reports accordingly.
		Agreements relating to performance of certain...