Explanatory note

These Regulations amend the Education Maintenance Allowance (Pilot Areas) Regulations 2001.

They extend the definition of a “vulnerable student” in regulation 2 in three respects.

The first concerns those students who are vulnerable students because they are estranged from their parents during the relevant period (as defined in the Regulations), but who then reconcile with their parents in a subsequent year. They will now not lose their vulnerability status on reconciliation, but will continue to be treated as vulnerable students for the purposes of subsequent applications.

The second concerns those students who are vulnerable students because they are pregnant during the relevant period (as defined in the Regulations). These students will now not lose their vulnerability status for the purposes of subsequent applications, where they suffer a loss or termination of the pregnancy, the child dies or is in the care of a local authority.

The third concerns those students who are vulnerable students because they have failed to achieve NVQ level 1, GNVQ level 1, any GCSE passes or any qualifications of a higher standard by the end of their final school year. This category of vulnerable students will be extended to cover those who have achieved a maximum of one GCSE pass at grade A-C by the end of their final school year.

Regulation 2 has also amended the definition of “the student’s final school year”. This now no longer differentiates between those students who are attending school and those who are not. This extends eligibility for an education maintenance allowance to those students who have repeated a year at school and so are a year older than their fellow pupils, but who now wish to study for their final year at school.

Regulation 6 has been amended to allow education maintenance allowances to be paid in respect of students whose final school year was 2001–2002.