Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 25 August 2020, amend the Social Security Regulations 2018. The amendments are about childcare assistance (a childcare subsidy or an out-of-school care and recreation (OSCAR) subsidy). In particular, regulation 28 is amended to ensure that the assistance may continue to be paid during a child’s temporary absence, due to COVID-19 requirements, from—
an early childhood education programme; or
an out-of-school care and recreation (OSCAR) programme.
The purpose of assistance made available under regulation 28 is to keep the child’s place open in a childcare facility or programme during the child’s absence.
New regulation 28(1) ensures that the assistance may continue to be paid (at the hourly rate required by regulation 24(1)(b)) for a period during a child’s absence from the programme—
if the absence is due to COVID-19 requirements (as that term is defined in new regulation 28(4)), and whether or not the programme charges a fee for holding open the places of children who are absent; or
if the absence is due to the child’s medical condition, or is due to any other reason, and the programme charges a fee for holding open the places of children who are absent.
Regulation 28(3) as amended ensures that the period must not exceed—
the weeks of the absence, if the absence is due to COVID-19 requirements; or
6 weeks, if the absence is due to the child’s medical condition; or
3 weeks, if the absence is due to any other reason.
Under regulation 28(2), the period is calculated as—
commencing on the first day of the child’s absence from the programme; and
including only the time during the absence when the programme is available.
The programme is available, as that term is defined in new regulation 28(4), if the absence is due to COVID-19 requirements (and so new regulation 28(3)(aa) applies to the child) and—
the programme is attended by, and provided to, any other child, or any other children, to whom COVID-19 requirements do not apply; or
the programme is not attended by, nor provided to, any children, because their absence is due to reasons that are or include COVID-19 requirements.
New regulation 28(1)(a), (3)(aa), and (4) applies, on and after the commencement, on 25 August 2020, of these regulations, to a child who is eligible for childcare assistance regardless of whether the child became eligible for the assistance—
before that commencement; or
on or after that commencement.
Regulatory impact assessment
The Treasury has determined that the regulatory proposals in these regulations are exempt from the requirement to provide a Regulatory Impact Statement (RIS).
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 24 August 2020.
These regulations are administered by the Ministry of Social Development.