Paragraph 5 Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act

(1)

Subject to sub-paragraphs (2) and (5), a person who has ceased to receive full-time education (which is not advanced education) shall, if—

(a)

he is under the age of 16 when he so ceases, from the date on which he attains that age; or

(b)

he is 16 or over when he so ceases, from the date on which he so ceases,

be treated as continuing to fall within section 55(1) of the Act up to and including the week including the terminal date, or if he attains the age of 19 on or before that date, up to and including the week including the last Monday before he attains that age.

(2)

In the case of a person specified in sub-paragraph (1)(a) or (b) who had not attained the upper limit of compulsory school age when he ceased to receive full-time education, the terminal date shall be that specified in head (a), (b) or (c) of sub-paragraph (3), whichever next follows the date on which he would have attained that age.

(3)

In this paragraph the “terminal date” means—

(a)

the first Monday in January; or

(b)

the Monday following Easter Monday; or

(c)

the first Monday in September,

whichever first occurs after the date on which the person’s said education ceased.

(4)

In this paragraph “compulsory school age” means—

(a)

in England and Wales, compulsory school age as determined in accordance with section 9 of the Education Act 1962^f1;

(b)

in Scotland, school age as determined in accordance with sections 31 and 33 of the Education (Scotland) Act 1980^f2.

(5)

A person shall not be treated as continuing to fall within section 55(1) of the Act under this paragraph if he is engaged in remunerative work, other than work of a temporary nature that is due to cease before the terminal date.

(6)

Subject to sub-paragraphs (5) and (8), a person whose name was entered as a candidate for any external examination in connection with full-time education (which is not advanced education), which he was receiving at the time, shall so long as his name continued to be so entered before ceasing to receive such education be treated as continuing to fall within section 55(1) of the Act for any week in the period specified in sub-paragraph (7).

(7)

Subject to sub-paragraph (8), the period specified for the purposes of sub-paragraph (6) is the period beginning with the date when that person ceased to receive such education ending with—

(a)

whichever of the dates in sub-paragraph (3) first occurs after the conclusion of the examination (or the last of them, if there is more than one); or

(b)

the expiry of the week which includes the last Monday before his 19th birthday,

whichever is the earlier.

(8)

The period specified in sub-paragraph (7) shall, in the case of a person who had not attained the age of 16 when he so ceased, begin with the date on which he did attain that age.

Annotations

Footnotes

f1: 1962 c. 12 as amended by the Education (School-leaving Dates) Act 1976 (c. 5).
f2: 1980 c. 44.