# The Education Maintenance Allowances (Wales) Regulations 2007, Regulation 3: Eligible Persons


(1) An eligible person qualifies for an education maintenance allowance in connection with an eligible education course subject to and in accordance with these Regulations.
(2) A person is an eligible person who qualifies for an education maintenance allowance if —
(a) subject to paragraph (4) the Welsh Ministers, in assessing the person’s application for support, determine that he or she falls within one of the categories set out in Part 2 of the Schedule; and
(b) he or she undertaking an eligible education course referred to in regulation 4; and
(c) the household income of his or her parent, guardian or carer is £30,810 or less in the tax year ending in April immediately prior to the start of the academic year in which the education maintenance allowance is to be paid; and
(d) he or she satisfies the conditions in paragraph (3).
(3) The conditions are—
(a) in the academic year 2005/06 he or she has his or her seventeenth birthday; or
(b) in the academic year 2006/07 he or she has his or her seventeenth or eighteenth birthday; or
(c) in the academic year 2007/08 he or she has his or her seventeenth, eighteenth or nineteenth birthday.
(4) An eligible person does not qualify for an education maintenance allowance if the only paragraph from 1 to 11 of Part 2 of the Schedule into which the person falls is paragraph 9.
(5) No payment of an education maintenance allowance will be made unless an eligible person satisfies the conditions in regulation 7 or regulation 8.
(6) An eligible person qualifies for an education maintenance allowance in respect of the qualifying period referred to in paragraph (7).
(7) Subject to paragraph (8) “the qualifying period” means the period of three consecutive academic years beginning in the academic year in which the eligible person ceases to be of compulsory school age.
(8) An eligible person may receive payment in the academic year in which he or she has his or her twentieth birthday if he or she has received an education maintenance allowance in no more than two of the three preceding academic years and the recognised educational institution determines, in consultation with any other educational body or other organisation it sees fit, that the eligible person should receive an education maintenance allowance for the academic year in question.
(9) An eligible person must apply for an education maintenance allowance in connection with each academic year of an eligible education course in respect of which he or she qualifies for support.

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Source: https://www.legislation.gov.uk/wsi/2007/2311/regulation/3 (the official version)
Page: https://openlegislation.uk/education-maintenance-allowances-wales-regulations-2007/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.