Regulation 8 Weekly allowanceI1

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

is being educated otherwise than at such an establishment, 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

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).

receiving instruction or tuition,

undertaking unsupervised study or practical work; or

taking part in any exercise, experiment or project for which provision is made in the curriculum of the course which the student is pursuing, and for the purpose of this paragraph no account shall be taken of time occupied by meal breaks or time spent on unsupervised study whether undertaken on or off the premises of the institution.

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 do anything that is expected of him in accordance with the education maintenance allowance learning agreement and, where the relevant authority is Coventry or Kingston upon Hull, if the institution has notified the relevant authority to this effect on at least one previous occasion during the term in question;

in respect of any week which starts after the end of the period of eligibility;

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;

if payment of a weekly allowance (by any relevant authority) has already been made in respect of the relevant number of terms;

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

in respect of any week in which the student is in receipt of a jobseekers allowance (payable under the Jobseekers Act 1995)^f1 or a training allowance; or

in respect of any week beginning before the first date by reference to which both the condition in regulation 4 which is applicable to the student in question and the condition in regulation 6(1)(c) if applicable is satisfied;

where the condition specified in regulation 5 is not satisfied at the beginning of the academic year but is, by virtue of regulation 5(6), satisfied during the academic year, in respect of any week beginning before the date on which that condition is satisfied.

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 (4)(a), in respect of any week falling within that term;

the relevant number of terms is—

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.

for sub-paragraph (a) there were substituted—

“(a)

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 education maintenance allowance learning agreement and, where the relevant authority is Coventry or Kingston upon Hull, if the relevant authority has formed this opinion in respect of at least one previous week during the term in question”; and

paragraph (d) were omitted.