Regulation 8 Weekly allowance

(1)

Subject to paragraphs (2) and (3) an allowance (“a weekly allowance”) may be paid in respect of each week during which the student–

(a)

is in full-time education at a relevant educational establishment for the purpose of being provided with education which is not advanced education;

(b)

is being educated otherwise than at an institution, is being provided with education which is not advanced education and in the opinion of the relevant authority in question is in full-time education; or

(c)

is undertaking unsupervised study for the purpose of preparation for an examination which he is entering in connection with the education referred to in sub-paragraph (a) or (b).

(2)

No weekly allowance shall be paid–

(a)

in respect of any week any part of which falls outside the term of the institution which the student attends;

(b)

in respect of any week if the institution has notified the relevant authority that in their opinion the student has without good reason failed to attend the institution or do any other thing that is expected of him in accordance with the learning agreement;

(c)

in respect of the week in which the pupil reaches the age of 20 or any subsequent week;

(d)

in a case where regulation 5(4) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, in respect of any week in a term before the term following the date on which the relevant authority so determine;

(e)

if payment of a weekly allowance has already been made in respect of the relevant number of terms;

(f)

if payment of a weekly allowance has already been made, or would have been made but for sub-paragraph (b), in respect of 38 weeks in the academic year in question; or

(g)

in respect of any week in which the student is in receipt of a jobseeker’s allowance (payable under the Jobseekers Act 1995)^f1 or a training allowance.

(3)

For the purpose of paragraph (2)(e)

(a)

a payment of a weekly allowance is made “in respect of” a term if a payment is made or would have been made but for paragraph (2)(b) in respect of any week falling within that term;

(b)

the relevant number of terms is–

(i)

where, during the school year in which he ceased to be of compulsory school age, the student had a statement of special educational needs made under section 324 of the Education Act 1996, three times the number of terms in each academic year; and

(ii)

in any other case, twice the number of terms in each academic year;

(c)

in a case where regulation 5(4) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, payment of a weekly allowance shall be treated as having been made in respect of each term in the academic year in which the relevant authority so determines.

(4)

Where a student is educated otherwise than at an institution paragraph (2) shall have effect as if–

(a)

sub-paragraph (a) were omitted; and

(b)

for sub-paragraph (b) there were substituted–

“(b)

in respect of any week if the relevant authority are of the opinion that the student has without good reason failed to do anything that is expected of him in accordance with the learning agreement;”.

(5)

In the regulation “training allowance” means a payment made by the Secretary of State to a person in connection with his use of facilities arranged by the Secretary of State pursuant to section 2 of the Employment and Training Act 1973^f2.

Annotations

Footnotes

f1: 1995 c. 18.
f2: 1973 c. 50; section 2 was substituted by section 25 of the Employment Act 1998 (c. 19) and subsections (4) and (6) were repealed by the Employment Act 1989 (c. 38) Schedule 7 Part I.