The Individual Learning Account (Scotland) Regulations 2004

Qualifying persons (learning account holders)

3.—(1) For the purposes of these Regulations, a learning account holder is a qualifying person for the purposes of entering the qualifying arrangements named “ILA Scotland Universal Arrangements” if he or she has registered with the Scottish Ministers in terms of regulation 4, and satisfies at that time the conditions specified in paragraphs (3) to (5) below.

(2) For the purposes of these Regulations, a learning account holder is a qualifying person for the purposes of entering the qualifying arrangements named “ILA Scotland Targeted Arrangements” if he or she has registered with the Scottish Ministers in terms of regulation 4, and satisfies at the date of registration the conditions specified in paragraphs (3) to (5), and (7) below.

(3) The condition in this paragraph is that the person has attained the age of 18.

(4) The condition in this paragraph is that the person–

(a) is a British citizen; or

(b) is settled in the United Kingdom within the meaning of section 33(2A) of the Immigration Act 1971(1); or

(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; or

(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; or

(e) is a person not falling within paragraphs (a) to (d) but is a national of a member state of the European Economic Area who is working in the United Kingdom.

(5) The condition in this paragraph is that the person is either–

(a) resident in Scotland; or

(b) temporarily resident outside Scotland but ordinarily resident in Scotland (unless paragraph (6) applies).

(6) For the purposes of these Regulations, the residence of a member of the naval, military or air force of the Crown (“a member of the armed forces”) shall be determined as follows:–

(a) unless sub paragraph (b) applies, a member of the armed forces shall be treated as resident at the establishment where he or she 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 person shall be treated as resident at the establishment in the United Kingdom where he or she most recently served, disregarding any establishment at which he or she served for a period of less than one month.

(7) The condition in this paragraph is that the person is either–

(a) a person with a gross income from earnings not exceeding £15,000 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 (The Jobseeker’s Allowance)(2);

(ii) income support payable under section 124 of the 1992 Act (income support)(3);

(iii) invalid care allowance payable under section 70 of the 1992 Act (carer’s allowance)(4);

(iv) incapacity benefit payable under section 30A of the 1992 Act (incapacity benefit: entitlement)(5);

(v) the maximum rate of child tax credit payable under section 9 of the Tax Credits Act 2002 (maximum rate)(6).

(8) For the purposes of this regulation, a person’s gross income from earnings shall include the amount of income tax and social security contributions payable in respect of it.

(9) For the purposes of this regulation, “earnings”, in the case of employed earners, has the same meaning as in regulation 35 of the Income Support (General) Regulations 1987(7), and, in the case of self-employed earners, has the same meaning as in regulation 37 of those Regulations.

(10) A learning account holder may register with the Scottish Ministers in terms of regulation 4, either as a qualifying person for the purposes of entering the qualifying arrangements named “ILA Scotland Universal Arrangements” or for the purposes of entering the qualifying arrangements named “ILA Scotland Targeted Arrangements”, but not both at the same time.

(11) Where a learning account holder is registered as a qualifying person for the purposes of entering the qualifying arrangements named “ILA Scotland Targeted Arrangements” for one account holder’s year in accordance with regulation 4(3), but upon the date of expiry of the account holder’s year, the learning account holder no longer satisfies the conditions specified in paragraph (7), the learning account holder is automatically entitled to be registered with the Scottish Ministers as a qualifying person for the purposes of entering the qualifying arrangements named “ILA Scotland Universal Arrangements”:

Provided that–

(a) he or she shall not be required to submit a further application for registration in accordance with regulation 4(1); and

(b) he or she satisfies at the said date of expiry of the account holder’s year, the conditions specified in paragraphs (3) to (5).

(1)

1971 c. 77; amended, and subsection (2A) inserted, by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4.

(2)

1995 c. 18.

(3)

Section 124 was amended by paragraph 30 of Schedule 2, and Schedule 3, of the Jobseekers Act 1995 (c. 18) and paragraph 28 of Schedule 8 of the Welfare Reform and Pensions Act 1999 (c. 30).

(4)

Section 130 was amended by paragraph 3 of Schedule 9 of the Local Government Finance Act 1992 (c. 14); paragraph 174(4) of Schedule 13 of the Local Government etc. (Scotland) Act 1994 (c. 39) and Part VI of Schedule 19 of the Housing Act 1996 (c. 52).

(5)

Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c. 18).

(6)

2002 c. 21.

(7)

S.I. 1987/1967.