The Child Support (Maintenance Assessment Procedure) Regulations 1992

Regulation 1(4)

SCHEDULE 1 MEANING OF “CHILD” FOR THE PURPOSES OF THE ACT

[F1Conditions prescribed for the purposes of section 55(1)]

[F21.—[F3(1)  A person satisfies such conditions as may be prescribed for the purposes of section 55(1)(of the Act if that person satisfies any of the conditions in sub-paragraphs (2) and (3).

(2) The person is receiving full-time education (which is not advanced education)—

(a)by attendance at a recognised educational establishment; or

(b)elsewhere, if the education is recognised by the Secretary of State.

(3) The person is a person in respect of whom child benefit is payable.]

Textual Amendments

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act]

F41A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Meaning of “advanced education” for the purposes of section 55 of the Act

[F52.  For the purposes of [F6this Schedule] “advanced education” means education for the purposes of—

(a)a course in preparation for a degree, a diploma of higher education[F7, a higher national certificate], a higher national diploma or a teaching qualification; or

(b)any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel, a general certificate of education (advanced level) or Scottish national qualifications at higher or advanced higher level.]

Textual Amendments

Circumstances in which education is to be treated as full-time education

3.  For the purposes of [F8this Schedule] education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.

Textual Amendments

Interruption of full-time education

4.—(1) Subject to sub-paragraph (2), in determining whether a person falls within [F9paragraph 1(2)] no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as [F10the Secretary of State] considers reasonable in the particular circumstances of the case.

[F11(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.]

Textual Amendments

F9Words in Sch. 1 para. 4(1) substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(6)

F10Words in Sch. 1 para. 4 substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 32

Circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act

F125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Interpretation

[F136.  In this Schedule, “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this Schedule as being, or as comparable to, a university, college or school.]

Textual Amendments

[F14Education otherwise than at a recognised educational establishment

7.  For the purposes of paragraph 1(2), the Secretary of State may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.]

Textual Amendments

[F15Person in respect of whom child benefit is payable

8.  For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.]

Textual Amendments