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.
Textual Amendments
F1Words in reg. 12(4) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(3), 9(2)