OpenLegislation

Paragraph 5

(1)

A person is to be regarded as undertaking a qualifying course of education on a particular day only if on that day—

(a)

he is under the age of 20,

(b)

he is not undertaking a course of full time education within the meaning of paragraphs 3 and 4 above; and

(c)

the relevant number of hours per week for that course, or where he is undertaking 2 or more qualifying courses with the same establishment, the aggregate of the relevant number of hours per week, exceeds 12.

(2)

A person is undertaking a course on a day for the purposes of sub-paragraph (1) if—

(a)

the day falls in the relevant period for that course, and

(b)

he is not an apprentice or a youth training trainee.

(3)

In relation to a qualifying course of education “the relevant number of hours per week” means the average number of hours per week a person undertaking it would normally require to spend, in the period during which the course subsists, on relevant activities within the meaning of paragraph 6 below, (excluding for the purpose of calculating that average any period of vacation).