Commentary on Sections Conditions of Eligibility Section 9: The person and his or her partner must be in qualifying paid work
55.Section 9 sets out the fourth condition of eligibility. This condition has to be met not only by the person making the declaration of eligibility but also by any partner that they may have (see section 3(1)). The condition is that on the date of the declaration the person in question is in qualifying paid work.
56.The definition of qualifying paid work will be set out in regulations made under subsection (2). The Government intends to make regulations requiring the person to have a minimum amount of expected income from that work for the entitlement period for which they are making their declaration (or, where the person is making an application to open a childcare account, for the three months starting with the date of the declaration). This minimum expected income will be the amount that the person would expect to receive if they were paid the national minimum wage for 8 hours a week.
57.The Government intends to make regulations that will provide rules to determine how a person’s expected income from work is to be calculated, in order to assess whether the minimum expected income is met. For employed people this will simply be the amount they earn from the employment. For self-employed people it will be the receipts the person expects to derive from their trade, profession or vocation less the amount of expenses (other than capital expenses) the person expects to incur wholly and exclusively for the purposes of that trade, profession or vocation. Where a person is both employed and self-employed, the minimum expected income rule can be met by their expected employed income, their expected self-employed income or the aggregate of their expected income from their employment and their self-employment.