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Regulation 3 Payment of education maintenance allowanceI1

England and Wales

(1)

Subject to paragraph (2) and the provisions of these Regulations a relevant authority may, in respect of any academic year, pay any of the allowances specified in regulation 8, 9, 10 or 11 in respect of any student over compulsory school age if—

(a)

the condition specified in regulation 4 which is applicable to the student in question is satisfied;

(b)

the condition specified in regulation 5 is satisfied, unless the student is one in respect of whom the condition specified in regulation 4 is satisfied by virtue of the student being a looked after student; and

(c)

such of the conditions specified in regulation 6 as are applicable to the student in question are satisfied.

(2)

If a condition specified in regulation 4 which is applicable to the student in question is satisfied by reference to ordinary residence in one relevant area (“Area A”) and is subsequently also satisfied by reference to ordinary residence in another relevant area (“Area B”) the relevant authority for Area A shall not—

(a)

pay any allowance under regulation 8 in respect of any week in respect of which such an allowance is paid by the relevant authority for Area B;

(b)

pay any allowances under regulations 9 or 10 in respect of any term period or learning goal if an allowance in respect of the same term period or learning goal is paid by the relevant authority for Area B; or

(c)

pay any allowance under regulation 11 if an allowance in respect of the same pregnancy or confinement is paid by the relevant authority for Area B.

(3)

Nothing in regulation 4 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999f1 shall apply in relation to the payment of any of the allowances specified in regulations 8, 9, 10 or 11.

Annotations

Commencement

I1

Reg. 3 in force at 20.8.2001, see reg. 1

Footnotes

f1

S.I. 1999/229; amended by S.I. 2000/2057.