(1) In these regulations, unless the context otherwise requires,—

(2) For the purposes of the definitions of approved early-childhood care arranger and approved early-childhood education service in subclause (1), an arranger or service charges a uniform monetary fee for the participation of children even if, in the case of families with 2 or more children participating, it charges for a second or further child a uniform fee less than the uniform fee charged for a first or only child.

(3) In these regulations, terms defined in section 3(1) of the principal Act have the meanings so defined.

In relation to any period, payments may be made under a childcare subsidy granted for a child or an OSCAR subsidy granted for that child, but not under both.

The hours an eligible child participates in an approved early-childhood programme or OSCAR programme must be calculated by the week.

Childcare assistance is not payable in respect of any hour of a child's participation in an approved early-childhood programme or OSCAR programme if, for that hour, payment other than childcare assistance is made towards the costs of the child's participation in the programme through a funding programme—

• (a) that is provided by the Government in order to purchase hours of childcare; and

• (b) under which the amount provided per hour for childcare exceeds the hourly rate of childcare assistance as calculated under regulation 6.

(1) The hourly rate of childcare assistance paid in respect of a child's participation in an approved early-childhood programme or OSCAR programme must be—

• (a) no more than the actual hourly fee payable (or, if subclause (2) applies, the averaged hourly fee payable) for that participation; or

• (b) where regulation 10 applies, the higher of the fee charged for keeping open the child's place in the programme and the hourly fee calculated under paragraph (a).

(1A) For the purposes of subclause (1), the actual hourly fee payable for a child's participation in a programme does not include any payment made by a person other than the applicant towards the fee payable in respect of that child's participation in the programme.

(2) If a periodic flat fee is payable for a child's participation in a programme, or for keeping open a child's place in a programme, the averaged hourly fee payable for the purposes of subclause (1) is the amount obtained by—

• (a) subtracting from that flat fee any payment made by a person other than the applicant towards the flat fee; and

• (b) dividing the amount calculated under paragraph (a) by the number of hours during the period concerned for which the child is enrolled to participate in the programme.

(3) This regulation is subject to regulation 5A.

Childcare assistance may continue to be paid for up to 12 weeks of any period when the principal caregiver of the child concerned (or, where applicable, the child's other caregiver) is not working if—

• (a) the assistance would not otherwise be payable because the caregiver is not working; but

• (b) the caregiver is unable to work because of illness, injury, or disability.

Childcare assistance may continue to be paid for up to 10 working days before the start of the new employment concerned if—

• (a) the assistance has been granted on the basis of the employment of the principal caregiver of the child concerned (or, where applicable, of the child's other caregiver); and

• (b) the employment has ended but the caregiver has arranged new employment.

Within a reasonable time after a child for whom childcare assistance is payable is absent from the early-childhood programme or OSCAR programme concerned, the applicant must notify an officer of the department of the child's absence.

(1) Childcare assistance may continue to be paid for the period set out in subclauses (2) and (3) during a child's absence from an early-childhood programme or OSCAR programme if the programme charges a fee for holding open the places of children who are absent.

(2) The period is calculated as—

• (a) commencing on the first day of the child's absence from the programme; and

• (b) including only the time during the absence when the programme is available.

(3) The period must not exceed—

• (a) 6 weeks, if the absence is due to the child's medical condition; or

• (b) 3 weeks, if the absence is due to any other reason.

No person can be granted a childcare subsidy or an OSCAR subsidy unless he or she—

• (a) has applied for it on a form required by the chief executive; and

• (b) has given the chief executive the evidence the chief executive requires to satisfy the chief executive that the person is eligible for the subsidy.

A childcare subsidy may be paid for a child only if he or she is a dependent child—

• (a) who is under 5; or

• (b) who is no older than 5 years and 28 days, and is not yet attending school; or

• (c) who is under 6, and for whom a child disability allowance is payable.

A childcare subsidy for an eligible child's participation in approved early-childhood programmes is payable only if regulation 14 or regulation 16 or regulation 17 provides that it is payable.

(1) A childcare subsidy for an eligible child's participation in approved early-childhood programmes is payable for periods of a total of up to 50 hours a week if the child is participating in (or will participate in) one or more approved early-childhood programmes for a total of 3 or more hours a week, and—

• (a) subclause (2) applies to the child, and either subclause (3) or subclause (4) applies to each of those periods; or

• (b) a child disability allowance is payable for the child; or

• (c) the child's principal caregiver is also the principal caregiver of some other child, who is either in hospital or is a child for whom a child disability allowance is payable.

(2) This subclause applies to a child if at least one of the following applies:

• (a) the child has no other caregiver:

• (b) the child's other caregiver is engaged in an approved activity:

• (c) the child's other caregiver is not engaged in an approved activity, but the chief executive is satisfied that for some good reason the other caregiver cannot care for the child.

(3) This subclause applies to a period if, during that period,—

• (a) the child is participating in an approved early-childhood programme; and

• (b) his or her principal caregiver is engaged in an approved activity or travelling between the place where the programme is provided and the place where the activity is engaged in.

(4) This subclause applies to a period if the child's principal caregiver is engaged in shift employment and (whether the child is participating in an approved early-childhood programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child's principal caregiver—

• (a) is undertaking that employment; or

• (b) travelling between the place where that employment is engaged in and—

  • (i) an approved early-childhood programme that the child is participating in; or

  • (ii) the caregiver's home.

A childcare subsidy for a child is available under regulation 14 only to enable the child's principal caregiver or other caregiver to undertake one of the following:

• (a) employment (whether full-time or part-time, and whether permanent, temporary, or casual):

• (b) a rehabilitation programme approved by the chief executive:

• (c) a job seeker development activity under a job seeker agreement:

• (ca) any activity specified in section 102A(1)(f) of the principal Act that the caregiver is required to undertake under that section or is undertaking under section 123B of the principal Act:

• (d) an employment-related training course offered by a course-provider accredited by the New Zealand Qualifications Authority:

• (e) any other employment-related training course approved by the chief executive:

• (f) a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.

A childcare subsidy for a child's participation in approved early-childhood programmes is payable for up to 50 hours a week if—

• (a) the child is participating in (or will participate in) one or more approved early-childhood programmes for a total of 3 or more hours a week; and

• (b) the chief executive is satisfied, in the light of a certificate from a medical practitioner, that the child's principal caregiver—

  • (i) has a serious disability or illness; and

  • (ii) needs childcare for the child for more than 9 hours a week; and

• (c) at least 1 of the following applies:

  • (i) the child has no other caregiver:

  • (ii) the child's other caregiver is engaged in an approved activity:

  • (iii) the child's other caregiver is not engaged in an approved activity, but the chief executive is satisfied that for some good reason the other caregiver cannot care for the child:

  • (iv) a child disability allowance is payable for the child.

A childcare subsidy for an eligible child's participation in approved early-childhood programmes is payable for up to 9 hours a week if—

• (a) the child is participating in (or will participate in) one or more approved early-childhood programmes for a total of 3 or more hours a week; and

• (b) the child's principal caregiver is not engaged in an approved activity; and

• (c) regulation 16 does not apply.

(1) A childcare subsidy is payable,—

• (a) until the close of 27 September 2013, at the appropriate rate stated in Schedule 2 to a person who was receiving childcare assistance on or at any time within the period of 12 months before the commencement of this subclause; or

• (b) if paragraph (a) does not apply to the person, at the appropriate rate stated in Schedule 1.

(2) Subclause (1) is subject to regulation 6 (which provides that the hourly rate of childcare assistance paid in respect of a child's participation in an approved early-childhood programme must be no more than the actual hourly fee payable).

(1) A childcare subsidy must be paid (as the case may be) to—

• (a) the service providing the programme in respect of which it is payable; or

• (b) the service that arranged the scheme under which the programme in respect of which it is payable is provided.

(2) Subclause (1) does not prevent the chief executive from paying a lump sum of childcare subsidy directly to a child's principal caregiver if—

• (a) the sum represents an underpayment of the amounts—

  • (i) that should have been paid to an approved early-childhood service in respect of the child's participation in a programme it provides; or

  • (ii) that should have been paid to an approved early-childhood care arranger in respect of the child's participation in a programme provided under a scheme it arranged; and

• (b) the caregiver has already paid to the service or arranger the amount of the underpayment.

An OSCAR subsidy may be paid for a child only if he or she—

• (a) is a dependent child; and

• (b) is participating in (or will participate in) one or more OSCAR programmes for a total of 3 or more hours a week; and

• (c) is—

  • (i) at least 5, and under 14; or

  • (ii) 14 or older, and for whom a child disability allowance is payable.

An OSCAR subsidy for an eligible child's participation in an OSCAR programme is payable only if regulation 22 or regulation 22A provides that it is payable.

An OSCAR subsidy for a child is available under regulation 22 only to enable the child's principal caregiver to undertake one of the following:

• (a) employment (whether full-time or part-time, and whether permanent, temporary, or casual):

• (b) a job seeker development activity under a job seeker agreement:

• (ba) any activity specified in section 102A(1)(f) of the principal Act that the caregiver is required to undertake under that section or is undertaking under section 123B of the principal Act:

• (c) an employment-related training course offered by a course-provider accredited by the New Zealand Qualifications Authority:

• (d) a course of study at a secondary school (within the meaning of section 145(1) of the Education Act 1989) or a tertiary educational institution.

(1) An OSCAR subsidy for an eligible child's participation in OSCAR programmes is payable for periods of a total of up to 20 hours a week during the school term, or up to 50 hours a week during the school holidays, if, and only if,—

• (a) subclause (2) applies to the child, and either subclause (3) or subclause (4) applies to each of those periods; or

• (b) a child disability allowance is payable for the child; or

• (c) the child's principal caregiver is also the principal caregiver of some other child who is either in hospital or is a child for whom a child disability allowance is payable.

(2) This subclause applies to a child if at least 1 of the following applies:

• (a) the child has no other caregiver:

• (b) the child's other caregiver is engaged in an approved activity:

• (c) the child's other caregiver is not engaged in an approved activity, but the chief executive is satisfied that for some good reason the other caregiver cannot care for the child.

(3) This subclause applies to a period if, during that period,—

• (a) the child is participating in an OSCAR programme; and

• (b) his or her principal caregiver is engaged in an approved activity or travelling between the place where the programme is participated in and the place where the activity is engaged in.

(4) This subclause applies to a period if the child's principal caregiver is engaged in shift employment and (whether the child is participating in an OSCAR programme then, or participates in such a programme at other times when the caregiver usually sleeps), during that period, the child's principal caregiver—

• (a) is undertaking that employment; or

• (b) travelling between the place where that employment is engaged in and—

  • (i) a place where the child is participating in an OSCAR programme; or

  • (ii) the caregiver's home.

An OSCAR subsidy for a child's participation in an OSCAR programme is payable for up to 20 hours a week during the school term, or up to 50 hours a week during the school holidays, if—

• (a) the child is participating in (or will participate in) 1 or more OSCAR programmes for a total of 3 or more hours a week; and

• (b) the chief executive is satisfied, in the light of a certificate from a medical practitioner, that the child's principal caregiver—

  • (i) has a serious disability or illness; and

  • (ii) needs an OSCAR programme for the child for more than 3 hours a week; and

• (c) at least 1 of the following applies:

  • (i) the child has no other caregiver:

  • (ii) the child's other caregiver is engaged in an approved activity:

  • (iii) the child's other caregiver is not engaged in an approved activity, but the chief executive is satisfied that for some good reason the other caregiver cannot care for the child:

  • (iv) a child disability allowance is payable for the child.

An OSCAR subsidy may be paid to the provider of the OSCAR programme concerned, or to the principal caregiver of the child concerned.

An OSCAR subsidy is payable,—

• (a) until the close of 27 September 2013, at the appropriate rate stated in Schedule 2 to a person who was receiving childcare assistance on or at any time within the period of 12 months before the commencement of this subclause; or

• (b) if paragraph (a) does not apply to the person, at the appropriate rate stated in Schedule 1.

(1) The chief executive of the Department of Child, Youth, and Family Services, if satisfied, in the light of the matters stated in regulation 27, that an out-of-school programme or proposed out-of-school programme is or will be properly run, may, by written notice to the provider, approve it for the purposes of this Part.

(2) An approval—

• (a) may be unconditional or subject to conditions stated in the notice; and

• (b) may be for an indefinite period or for a period stated in the notice.

The chief executive of the Department of Child, Youth, and Family Services may, by written notice to its provider, suspend or revoke the approval of a programme under regulation 25,—

• (a) if he or she is satisfied, in the light of the matters stated in regulation 27, that it is not properly run; or

• (b) if, after making reasonable efforts to do so, he or she has been unable to obtain enough information to be satisfied, in the light of the matters stated in regulation 27, that it is properly run; or

• (c) if he or she is satisfied that there has been a breach of a condition subject to which the approval was given.

The following matters must be considered in deciding whether an out-of-school programme is properly run (or a proposed out-of-school programme will be properly run):

• (a) the adequacy with which the programme provides for—

  • (i) the health and safety of the children participating:

  • (ii) the care and recreation of the children participating:

  • (iii) the health and safety of the staff and volunteers involved:

• (b) the competence, training, and suitability of the staff and volunteers involved in the programme:

• (c) the competence of the programme's supervision:

• (d) the suitability and safety of the environment in which the programme is operating:

• (e) the competence of the provider's management (including its financial management):

• (f) the extent of the programme's compliance with relevant enactments and bylaws:

• (g) the programme's responsiveness to applicable cultural issues.

(1) The chief executive may, in accordance with sections 86 and 86A of the principal Act, recover from an applicant any payment of childcare assistance that is a debt due to the Crown by virtue of section 85A of the principal Act.

(2) If, because a child has ceased to be enrolled or has been absent from an approved early-childhood programme or an OSCAR programme, childcare assistance has been paid to a service in excess of the amount that the service was entitled to be paid, the chief executive may recover the amount of the excess by making 1 or more deductions from any other amount or amounts payable to the service under these regulations.

(1) This regulation applies to a person who, immediately before the commencement of these regulations, was in receipt of a childcare subsidy or an OSCAR subsidy in respect of a dependent child under the welfare programme for childcare assistance approved under section 124(1)(d) of the principal Act.

(2) A person to whom this regulation applies is entitled to receive childcare assistance under these regulations without application if the chief executive is satisfied that the person's circumstances have not altered so as to affect the entitlement to, or the rate of, the assistance.

(3) This subclause applies to a person if, on account of an increase in the rate of an accommodation supplement payable to the person or the person's spouse arising solely as a consequence of an amendment to Schedule 18 of the principal Act made by the Social Security (Working for Families) Amendment Act 2004 (being an amendment that comes into force on 1 April 2005),—

• (a) the person would not be entitled to childcare assistance; or

• (b) the amount of a person's childcare assistance would be reduced.

(4) When calculating for the purposes of these regulations the household income of a person to whom subclause (3) applies, the chief executive must disregard so much of the increase as would produce the result referred to in subclause (3) until,—

• (a) the person's household income otherwise increases by any amount; or

• (b) the person receives childcare assistance in respect of an additional dependant; or

• (c) the total amount of childcare assistance the person is entitled to receive decreases because the person is no longer entitled to receive childcare assistance in respect of 1 or more dependent children; or

• (d) the person has a decrease in household income that entitles the person to receive a higher rate of childcare assistance.

(5) Subclauses (3) and (4) override subclause (2).

(6) Nothing in this regulation limits the application of section 81 of the principal Act to these regulations.

The approval of an out-of-school programme or proposed out of school programme by the chief executive of the Department of Child, Youth, and Family Services given before the commencement of these regulations may be suspended or revoked under regulation 26 as if it had been given under regulation 25.