# The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003, Regulation 5


In regulation 5 (Income condition)—
(a) in paragraph (5) after “For the purposes of this Regulation” insert “and subject to paragraphs (6A) and (6B)”;
(b) in paragraph (6)—
(i) in sub-paragraph (a)—
(aa) after “a child” insert “over compulsory school age”;
(bb) for “Part IV” substitute “Part IX”;
(ii) in sub-paragraph (b)—
(aa) after “(excluding the student in respect of whom the allowances are to be paid)” insert “being a child over compulsory school age and”;
(bb) after “Part III” omit “of that Act” and insert “of the 1992 Act and in respect of whom there remains an entitlement to child benefit under Part IX of that Act”;
(c) after paragraph (6) insert the following paragraphs—
“(6A) Where income computed in accordance with paragraphs (5) and (6) exceeds the relevant amount there shall be deducted from that income an additional £1,000 multiplied by the number of applicable children and for the purposes of this paragraph an applicable child is—
(a) a child (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) in respect of whom either of the student’s parents (where the student’s parents live together as husband and wife) or the student’s relevant parent ( where the student’s parents do not live together as husband and wife) is entitled to child benefit under Part IX of the 1992 Act for any week during the relevant period comprising the academic year in respect of which the allowance is paid; and
(b) a child of one of the student’s parents (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) who is entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for any day during the relevant period comprising the academic year in respect of which the allowance is paid.
(6B) Where income computed in accordance with paragraphs (5) and (6) does not exceed the relevant amount after deductions have been made in accordance with paragraph (6A) the income condition is to be treated as satisfied.”.

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Source: https://www.legislation.gov.uk/uksi/2003/553/regulation/5 (the official version)
Page: https://openlegislation.uk/education-maintenance-allowance-pilot-areas-amendment-regulations-2003/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.