Regulation 12 Meaning of “receiving education”

(1)

For the basic condition in section 4(1)(d) of the Act (not receiving education) a qualifying young person is to be treated as receiving education.

(2)

In any other case “receiving education” means—

(a)

undertaking a full-time course of advanced education; or

(b)

undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person’s maintenance.

(3)

In paragraph (2)(a) “course of advanced education” means—

(a)

a course of study leading to—

(i)

a postgraduate degree or comparable qualification,

(ii)

a first degree or comparable qualification,

(iii)

a diploma of higher education,

(iv)

a higher national diploma; or

(b)

any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).

(4)

A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Secretary of State.