Regulation 5 Provision as to the payment of the relevant amountI1

England and Wales

(1)

The local authority^f1 may pay the relevant amount to a former relevant child as a lump sum or by instalments.

(2)

In the case of a former relevant child who started higher education on or after 1 September 2010 but before 1 September 2011—

(a)

if the relevant amount is to be paid as a lump sum, it must be paid by 30 June 2011; and

(b)

if the relevant amount is to be paid by instalments—

(i)

the first instalment must be paid by 30 June 2011; and

(ii)

the final instalment must be paid before the end of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.

(3)

In the case of a former relevant child who starts higher education on or after 1 September 2011—

(a)

if the relevant amount is to be paid as a lump sum, it must be paid by 31 December 2011 or not more than three months after the start of the course, whichever is later; and

(b)

if the relevant amount is to be paid by instalments—

(i)

the first instalment must be paid by 31 December 2011 or not more than three months after the start of the course, whichever is later; and

(ii)

the final instalment must be paid before the end of the course or not more than four weeks after the start of the fourth year of the course, whichever is the earlier.

(4)

Before making any decision about payment of the relevant amount under paragraph (1) the local authority must, as far as reasonably practicable, ascertain and give due consideration to the wishes and feelings of the former relevant child.

(5)

The local authority may withhold payment of any unpaid balance of the relevant amount during any period when the former relevant child is not pursuing higher education in accordance with the pathway plan^f2 for that person.

Annotations

Commencement

I1: Reg. 5 in force at 17.3.2011, see reg. 1(2)

Footnotes

f1: “The local authority” is the council of a county or county borough in Wales that was last responsible for a former relevant child.
f2: “Pathway plan” is defined in section 23E of the 1989 Act, inserted by section 3 of the Children (Leaving Care) Act 2000 (c. 35).