# The Individual Learning Account (Scotland) Regulations 2011, Regulation 3: Qualifying persons (Training Account Holders)

Extent: S

(1) A Training Account Holder is a Qualifying Person for the purposes of entering ITA Scotland if—
(a) the person has registered with the Scottish Ministers under regulation 4; and
(b) at the date of registration satisfies the conditions specified in paragraphs (2), (3), (4), (5A), ... (5C), (5D) , (5E) , (6) and (6A) below.
(2) The condition in this paragraph is that the person has attained the age of 16.
(3) The condition in this paragraph is that the person—
(a) is a British citizen;
(b) is settled in the United Kingdom within the meaning of section 33(2A) of the Immigration Act 1971;
(c) is a refugee, ordinarily resident in the United Kingdom who has not ceased to be so resident since that person was recognised as a refugee;
(d) is a person who—
(i) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to remain in the United Kingdom;
(ii) has been granted leave to enter or remain accordingly; and
(iii) has been ordinarily resident in the United Kingdom throughout the period since that person was granted leave to enter or remain;
(e) is a person not falling within paragraphs (a) to (d) but is a national of a member state of the European Economic Area;
(f) is a person not falling within paragraphs (a) to (d) but is a national of Switzerland and who is entitled to become a Training Account Holder by virtue of Article 3(6) or Article 9(3) of Annex I to the Switzerland Agreement; or
(g) is the child of a Turkish Worker ; or
(h) is a person not falling within sub-paragraphs (a) to (g) but—
(i) is under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the date of registration; or
(ii) is aged 18 years old or above and, preceding the date of registration, has lived in the United Kingdom throughout either half of his or her life or a period of twenty years.
(4) The condition in this paragraph is that the person is either—
(a) resident in Scotland; or
(b) subject to subsection (5), temporarily resident outside Scotland but ordinarily resident in Scotland.
(5) For the purposes of paragraph (4)(b) the residence of a member of the naval, military or air force of the Crown (“a member of the armed forces”) is to be determined as follows:—
(a) unless sub-paragraph (b) applies, a member of the armed forces must be treated as being resident at the establishment where that member is for the time being serving; and
(b) where the member of the armed forces is serving at an establishment outside the United Kingdom, that member must be treated as being resident at the establishment in the United Kingdom where that member most recently served, disregarding any establishment at which that member served for a period of less than one month.
(5A) The condition in this paragraph is that the person is not undertaking secondary education within the meaning of section 135(2)(b) of the Education (Scotland) Act 1980.
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5C) The condition in this paragraph is that the person is not undertaking—
(a) a course of further education (that is to say education provided by means of a course of any description mentioned in section 6(1) of the Further and Higher Education (Scotland) Act 1992); or
(b) a course of higher education (that is to say education provided by means of a course of any description mentioned in section 38(2) of that Act).
(5D) The condition in this paragraph is that the person is not participating in a ... training programme secured by The Skills Development Scotland Co. Limited.
(5E) The condition in this paragraph is that the person is not participating in the training programme known as Community Jobs Scotland established pursuant to arrangements made by the Scottish Ministers under section 2 of the Employment and Training Act 1973.
(6) The condition in this paragraph is that the person is either—
(a) a person with a gross income from earnings and pension income not exceeding £22,000 in the Account Holder’s Year; or
(b) a person in receipt of any one of the following:—
(i) a jobseeker’s allowance payable under Part I of the Jobseekers Act 1995;
(ii) income support payable under section 124 of the 1992 Act;
(iii) invalid care allowance payable under section 70 of the 1992 Act;
(iiia) carer support payment component of Carer Support payable under the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
(iv) incapacity benefit payable under section 30A of the 1992 Act;
(v) the maximum rate of child tax credit payable under section 9 of the Tax Credits Act 2002;
(vi) state pension credit payable under section 1 of the State Pension Credit Act 2002; ...
(vii) employment and support allowance payable under Part I of the Welfare Reform Act 2007 ; or
(viii) universal credit payable under Part 1 of the Welfare Reform Act 2012.
(6A) The condition in this paragraph is that the person is in employment or actively seeking employment.
(7) For the purposes of paragraph (6)—
(a) a person’s gross income from earnings includes the amount of income tax and social security contributions payable in respect of it;
(b) “earnings”, in the case of employed earners, has the same meaning as in regulation 35 of the Income Support (General) Regulations 1987 and, in the case of self-employed earners, has the same meaning as in regulation 37 of those Regulations; and
(c) “pension income” has the meaning given to it in section 566(2) of the Income Tax (Earnings and Pensions) Act 2003.

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Source: https://www.legislation.gov.uk/ssi/2011/107/regulation/3 (the official version)
Page: https://openlegislation.uk/individual-learning-account-scotland-regulations-2011/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.