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10. In regulation 53 of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling)—
(a)for paragraph (2)(h)(1) substitute—
“(h)who is—
(i)aged under 21 and whose course of study is not a course of higher education;
(ii)aged 21 and attained that age during a course of study which is not a course of higher education; or
(iii)a qualifying young person or child within the meaning of section 138 of the Act(2) (child and qualifying young person);”; and
(b)for paragraph (2A)(3) substitute—
“(2A) Paragraph (2)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.”.
Sub-paragraph (h) was amended by regulation 6(6)(a) of S.R. 2009 No. 92
Section 138 was substituted by section 2(2) of the Child Benefit Act 2005 (c. 6); see also regulation 2 of S.I. 2006/223
Paragraph (2A) was inserted by regulation 6(6)(b) of S.R. 2009 No. 92 and amended by regulation 8(7) of S.R. 2010 No. 69
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