Childcare Support Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 11/2018

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
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Number 11 of 2018

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CHILDCARE SUPPORT ACT 2018

REVISED

Updated to 29 August 2022

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This Revised Act is an administrative consolidation of the Childcare Support Act 2018. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the European Union (Pan - European Personal Pension Product) Regulations 2022 (S.I. No. 435 of 2022), made 28 August 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 11 of 2018

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CHILDCARE SUPPORT ACT 2018

REVISED

Updated to 29 August 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Childcare Support Acts 2018 and 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019), s. 1(5)). The Acts in this group are:

• Childcare Support Act 2018 (11/2018)

• Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019), Part 3 (ss. 9-11) (Repealed)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)

• Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020)

• Health and Childcare Support (Miscellaneous Provisions) Act 2019 (36/2019)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment No. 2) Regulations 2022 (S.I. No. 367 of 2022)

• Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment) Regulations 2022 (S.I. No. 198 of 2022)

• Childcare Support Act 2018 (Calculation of Amount of Financial Support) (Amendment) Regulations 2020 (S.I. No. 33 of 2020)

• Childcare Support Act 2018 (Assessment of Income) (Amendment) Regulations 2019 (S.I. No. 528 of 2019)

• Childcare Support Act 2018 (Processing of Personal Data) Regulations 2019 (S.I. No. 513 of 2019)

• Childcare Support Act 2018 (Calculation of Amount of Financial Support) Regulations 2019 (S.I. No. 378 of 2019)

• Childcare Support Act 2018 (Information to be Given by Employers and Education and Training Providers to the Scheme Administrator) Regulations 2019 (S.I. No. 377 of 2019)

• Childcare Support Act 2018 (Payment Of Financial Support) Regulations 2019 (S.I. No. 375 of 2019)

• Childcare Support Act 2018 (Assessment of Income) Regulations 2019 (S.I. No. 373 of 2019)

• Childcare Support Act 2018 (Appeals) Regulations 2019 (S.I. No. 371 of 2019)

• Childcare Support Act 2018 (Reviews) Regulations 2019 (S.I. No. 370 of 2019)

• Childcare Support Act 2018 (Commencement) (No. 2) Order 2019 (S.I. No. 348 of 2019)

• Childcare Support Act 2018 (Commencement) Order 2019 (S.I. No. 67 of 2019)

• Childcare Support Act 2018 (Commencement) Order 2018 (S.I. No. 574 of 2018)

All statutory instruments up to and including European Union (Pan - European Personal Pension Product) Regulations 2022 (S.I. No. 435 of 2022), made 28 August 2022, were considered in the preparation of this revision.

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Number 11 of 2018

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CHILDCARE SUPPORT ACT 2018

REVISED

Updated to 29 August 2022

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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)

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Number 11 of 2018

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CHILDCARE SUPPORT ACT 2018

REVISED

Updated to 29 August 2022

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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:

1.

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.

F1["United Kingdom of Great Britain and Northern Ireland" includes the Channel Islands and the Isle of Man and "citizen of the United Kingdom of Great Britain and Northern Ireland" shall be construed accordingly;]

(2) In...