PART 2ENTITLEMENT

Receiving education

Meaning of “receiving education”12

1

For the basic condition in Article 9(1)(d) of the Order (not receiving education) a qualifying young person is to be treated as receiving education.

2

In any other case “receiving education” means—

a

undertaking a full-time course of advanced education, or

b

undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person's maintenance.

3

“course of advanced education” means—

a

a course of study leading to—

i

a postgraduate degree or comparable qualification,

ii

a first degree or comparable qualification,

iii

a diploma of higher education,

iv

a higher national diploma, or

b

any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).

4

A claimant who is not a qualifying young person and is not undertaking a course described in F1paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Department.