{
  "url": "https://openlegislation.uk/education-maintenance-allowances-wales-regulations-2007/regulation-5",
  "json_url": "https://openlegislation.uk/education-maintenance-allowances-wales-regulations-2007/regulation-5.json",
  "legislation": "wsi/2007/2311",
  "legislation_title": "The Education Maintenance Allowances (Wales) Regulations 2007",
  "legislation_url": "https://openlegislation.uk/education-maintenance-allowances-wales-regulations-2007",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Structure and level of payments, and assessment",
  "text": "(1) Education maintenance allowance consists of :\n(a) an award, as described in paragraphs (2) and (3) and regulation 7 paid fortnightly to the eligible person;\n(b) an intermittent bonus payment as described in paragraph (4) and regulation 8.\n(2) The weekly award which an eligible person receives in 2006/07 is to be determined according to the following table:\nHousehold Income\nWeekly award\nUp to £20,270\n£30\n£20,271 but less than or equal to £24,850\n£20\n£24,851 but less than or equal to £30,000\n£10\n(3) The weekly award which an eligible person receives in 2007/08 is to be determined according to the following table:\nHousehold Income\nWeekly award\nUp to £20,817\n£30\n£20,818 but less than or equal to £25,521\n£20\n£25,522 but less than or equal to £30,810\n£10\n(4) The amount of an intermittent bonus payment awarded in accordance with regulation 8 is £100.\n(5) Subject to paragraphs (6) to (8), the assessment of an eligible person’s financial eligibility for an education maintenance allowance made under this regulation will be valid for the whole of the academic year for which the assessment is made.\n(6) Where income has been assessed as being greater than £20,270 in 2006/07 or £20,817 in 2007/08, an eligible person may apply to be reassessed if one or more of the following conditions is fulfilled:\n(a) a person whose income was taken into account in determining financial eligibility has died; or\n(b) since the assessment of income was made, the eligible person no longer lives with his or her parents, guardians or other person whose income was taken into account in determining financial eligibility and is responsible for himself or herself; or\n(c) the eligible person has become a parent; or\n(d) since the assessment was made there has been a reduction in income of a non temporary nature.\n(7) In the event that the Welsh Ministers are satisfied that one or more of the conditions in paragraph (6) applies and the eligible person has applied to be reassessed, they may determine that an eligible person is entitled to receive an education maintenance allowance or higher level of education maintenance allowance payable under regulation 7.\n(8) If the Welsh Ministers make a determination under paragraph (7) they must notify the eligible person of the determination.\n(9) Where the Welsh Ministers determine under paragraph (7) that an eligible person is entitled to receive an education maintenance allowance or a higher level of weekly award under regulation 7, they may—\n(a) back-date payment to the date on which it received the eligible person’s application for reassessment; or\n(b) in the circumstances described in paragraph (6)(a) back-date payment to the date when the person whose income was taken into account died.; or\n(c) make payments of education maintenance allowance under regulations 7 and 8 in relation to an eligible person who qualifies for support under these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2007/2311/regulation/5",
    "retrieved_at": "2026-10-29T00:00:37.616239+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}