Childcare Support Act 2018

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 this Act any reference to a partner of a person shall apply only if the person is a member of a couple.

Annotations:

Amendments:

F1

Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 129, S.I. No. 676 of 2020).