The School and Early Years Finance (England) Regulations 2025
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Change 1
35 Disability access fund
(1) When determining— (a) budget shares for nursery schools maintained by it; (b) amounts to be allocated in respect of nursery classes in schools maintained by it; (c) amounts to be allocated to relevant early years providers in its area; (d) amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority must, subject to paragraph (6), include in the budget share or amount to be allocated a single amount of at least £938 for each eligible child. (2) Where a child becomes an eligible child after the local authority has determined the budget shares or amounts referred to in paragraph (1), the local authority must redetermine the budget share of, or amount allocated to, the early years provider concerned to include a single amount of at least £938 in respect of that child. (3) A local authority must include the same amount under paragraphs (1) and (2) in respect of each eligible child. (4) A local authority may only include an amount under paragraph (1) or (2) once in respect of any child. (5) For the purposes of this regulation, a child is an eligible child if they are paid or entitled to disability living allowance by virtue of section 71 of the Social Security Contributions and Benefits Act 1992 and they receive at least one hour of funded early years provision. (6) This regulation does not apply in respect of early years provision which is funded under regulation 14 (places).
35 Disability access fund
(1) When determining— (a) budget shares for nursery schools maintained by it; (b) amounts to be allocated in respect of nursery classes in schools maintained by it; (c) amounts to be allocated to relevant early years providers in its area; (d) amounts to be allocated in respect of community early years provision in schools maintained by it, a local authority must, subject to paragraph (6), include in the budget share or amount to be allocated a single amount of at least £938 for each eligible child. (2) Where a child becomes an eligible child after the local authority has determined the budget shares or amounts referred to in paragraph (1), the local authority must redetermine the budget share of, or amount allocated to, the early years provider concerned to include a single amount of at least £938 in respect of that child. (3) A local authority must include the same amount under paragraphs (1) and (2) in respect of each eligible child. (4) A local authority may only include an amount under paragraph (1) or (2) once in respect of any child. (5) For the purposes of this regulation, a child is an eligible child if they are paid or entitled to disability living allowance by virtue of section 71 of the Social Security Contributions and Benefits Act 1992 and they receive at least one hour of funded early years provision. (6) This regulation does not apply in respect of early years provision which is funded under regulation 14 (places).
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