The Child Benefit (General) Regulations 2006

Education and training condition U.K.

3.—(1) This regulation applies in the case of a person who has not attained the age of 20.

(2) The condition is that the person—

(a) is undertaking a course of full-time education, which is not advanced education and which is not provided by virtue of his employment or any office held by him—

(i) which is provided at a school or college; or

(ii) which is provided elsewhere but is approved by the Commissioners;

[F1 (ab) is being provided with “appropriate full-time education” in England within section 4 (appropriate full-time education or training) of the Education and Skills Act 2008, which is not—

(i) a course in preparation for a degree, a diploma of higher education, a higher national certificate, a higher national diploma, a teaching qualification, any other course which is of a standard [F2 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;

(ii) provided by virtue of his employment or any office held by him;]

(b) having undertaken such a course as is mentioned in [F3 paragraph (a) or (ab)] [F4 has been accepted or is enrolled to undertake a further such course;]

(c) is undertaking approved training that is not provided by means of a contract of employment[F5 ; or

(d) having undertaken a course mentioned in paragraph (a) or approved training mentioned in paragraph (c), has been accepted or is enrolled to undertake such approved training].

[F6 (3) A person (P) is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless either—

(a) P was receiving the education referred to in that paragraph as a child, or

(b) P begins to receive that education after attaining the age of sixteen where—

(i) P has received a statement of special educational needs; and

(ii) the local authority has assessed the programme of home education as being suitable for P’s special needs.]

(4) A person who is aged 19 is only a qualifying young person by virtue of [F7 paragraph (2)(a), (2)(ab)] or (2)(c) if he began the education or training (as the case may be) referred to in that sub-paragraph[F8 , or was accepted or enrolled to undertake that education or training,] before attaining that age.

[F9 (5) In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.]

Textual Amendments

F1 Reg. 3(2)(ab) inserted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(3)(a)

F2 Words in reg. 3(2)(ab)(i) inserted (28.11.2014) by The Child Benefit (General) and Tax Credits (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2924), regs. 1, 2

F3 Words in reg. 3(2)(b) substituted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(3)(b)

F4 Words in reg. 3(2)(b) substituted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(a)

F5 Reg. 3(2)(d) and preceding word inserted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(b)

F6 Reg. 3(3) substituted (6.4.2020) by The Tax Credits, Child Benefit, Guardians Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 6(2)(a)

F7 Words in reg. 3(4) substituted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(4)

F8 Words in reg. 3(4) inserted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(c)

F9 Reg. 3(5) inserted (6.4.2020) by The Tax Credits, Child Benefit, Guardians Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 6(2)(b)