Regulation 5 Maximum age and prescribed conditions for a qualifying young person

For the purposes of Part 1 a person ceases to be a qualifying young person (unless disqualified earlier under the following paragraphs) on the date on which he attains the age of F1twenty.

A person who is not a child, but has not attained the age of F2twenty years, is a qualifying young person for any period during which the following conditions are satisfied with regard to him F3(and once a person falls within the terms of paragraph (3)(b), he shall be treated as having satisfied the first condition from the F4relevant leaving date mentioned in that paragraph).

The first condition is that he is F5...—

A person who has attained the age of nineteen years satisfies paragraph (3)(a) or (ab) only where the course of education or training began before he attained that age F16, or he enrolled or was accepted to undertake that course before he attained that age.

The second condition is that the period in question is not (and does not include)—

F23For the purposes of paragraphs (3) and (4) a person shall be treated as being in full-time education if full-time education is received by that person by undertaking a course—

where in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds or exceeds on average 12 hours a week in normal term-time F25... F26and shall include gaps between the ending of one course and the commencement of another, where the person enrols on and commences the latter course.

If paragraph (5) does not apply, then for the purposes of paragraphs (3) and (4) a person shall be treated as being in full-time education if that person is being provided with “appropriate full-time education” in England within section 4 (appropriate full-time education or training) of the Education and Skills Act 2008.

In calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study.

In determining whether a person is undertaking a course of full-time education or approved training, there shall be disregarded any interruption—

In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.