Regulation 6 Other ConditionsI1
England and Wales
The conditions specified in this regulation are—
that—
where the relevant area is the area of an authority specified in Part I of the Schedule, the student’s final school year was the 1998–1999, 1999–2000 or 2000–2001 school year, if the student attended school, or the 1998–1999, 1999–2000 or 2000–2001 academic year if he did not attend school,
where the relevant area is the area of an authority specified in Part II of the Schedule (or the wards in East Lancashire specified in paragraph (b) of the definition of “relevant area”), the student’s final school year was the 1999–2000 or 2000–2001 school year if the student attended school, or the 1999–2000 or 2000–2001 academic year if he did not attend school;
that regulation 6(1)(b) of the Education Maintenance Allowance (Pilot Areas) Regulations 2000f1 (signature of education maintenance allowance learning agreement) was complied with before 20th August 2001 or (subject to paragraphs (2) and (3)) that—
a parent of the student and the student have signed an education maintenance allowance learning agreement, unless the student is an independent student or a looked after student when he starts to attend the institution;
a person nominated by the relevant authority and the student have signed an education maintenance allowance learning agreement, if the student is a looked after student when he starts to attend the institution; or
the student has signed an education maintenance allowance learning agreement if the student is an independent student,
in each case relating to the student and to the institution which the student attends (or, if the student attends more than one institution, relating to each institution which the student attends) and that the education maintenance allowance learning agreement has in each case also been signed on behalf of the institution (or, as the case may be, each institution);
where the condition in regulation 4 is satisfied by virtue of regulation 4(a) that either—
the person responsible for the student was entitled to child benefit under Part IV of the 1992 Act for the week in which the date by reference to which the condition was satisfied falls; or
the student was entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for the date by reference to which the condition was satisfied;
that neither the student nor either of his parents receive during the academic year in respect of which the allowance is paid any payment pursuant to regulationsf2 made under section 485 of the Education Act 1996 in respect of the student’s attendance on a dance or drama course; and
that the student and the student’s parents provide the relevant authority with such information and make such declarations as the authority may reasonably require.
Where a student is to be educated otherwise than at a relevant educational establishment paragraph (1)(b) shall have effect as if—
references to attending the institution had effect as references to being educated otherwise than at an institution;
the reference to the institution which the pupil attends had effect as a reference to the education which the student is to be provided with; and
the reference to the education maintenance allowance learning agreement being signed on behalf of the institution was a reference to such agreement being signed on behalf of the local education authority.
Paragraph (1)(b) shall not apply to the extent that the relevant authority consider that it would be impracticable by reason of any disability for the parent of the student or the student to sign the education maintenance allowance learning agreement.
Annotations
Commencement
- I1
Reg. 6 in force at 20.8.2001, see reg. 1