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The Education Maintenance Allowances (Scotland) Regulations 2007
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- Scottish Statutory Instruments
- 2007 No. 156
- Regulation 5
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Changes and effects yet to be applied to Regulation 5:
- Sch. 1 para. 6B inserted by S.S.I. 2016/82 reg. 13(3)
- sch. 1 para. 6C 6D inserted by S.S.I. 2018/171 reg. 7
- sch. 1 para. 6E inserted by S.S.I. 2019/70 reg. 8(3)(a)
- sch. 1 para. 12 inserted by S.S.I. 2019/70 reg. 8(3)(b)
- sch. 1 para. 6F 6G inserted by S.S.I. 2020/213 reg. 7(3)
- sch. 1 para. 11(aa) inserted by S.S.I. 2021/28 reg. 25(g)(ii)
- sch. 1 para. 8(1)(a) substituted by S.S.I. 2021/28 reg. 25(d)(i)
- sch. 1 para. 8(2) substituted by S.S.I. 2021/28 reg. 25(d)(iii)
- sch. 1 para. 12 substituted by S.S.I. 2021/28 reg. 25(h)
- sch. 1 para. 4(3) words inserted by S.S.I. 2021/28 reg. 25(c)(v)
- sch. 1 para. 8(1)(d) words inserted by S.S.I. 2021/28 reg. 25(d)(ii)
- sch. 1 para. 11(a) words inserted by S.S.I. 2021/28 reg. 25(g)(i)
- sch. 1 para. 11(c) words inserted by S.S.I. 2021/28 reg. 25(g)(iii)
- Sch. 1 para. 4(3) words substituted by S.S.I. 2012/72 reg. 39(3)(b)
- Sch. 1 para. 11(b)(c) words substituted by S.S.I. 2012/72 reg. 39(5)
- Regulations revoked by S.S.I. 2022/157 Sch. 5
- reg. 2(2)(3) inserted by S.S.I. 2016/82 reg. 12
- reg. 2(2) words inserted by S.S.I. 2019/70 reg. 8(2)(a)
- reg. 2(2) words inserted by S.S.I. 2020/213 reg. 7(2)(a)
- reg. 2(2) words substituted by S.S.I. 2017/180 reg. 22 ((as amended (1.8.2018) by S.S.I. 2018/171, reg. 9(3)))
- reg. 2(3) words inserted by S.S.I. 2019/70 reg. 8(2)(b)
- reg. 2(3) words inserted by S.S.I. 2020/213 reg. 7(2)(b)
- reg. 2(3) words substituted by S.S.I. 2017/180 reg. 22 ((as amended (1.8.2018) by S.S.I. 2018/171, reg. 9(3)))
- reg. 2(4) inserted by S.S.I. 2021/28 reg. 24(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 6B inserted by S.S.I. 2016/82 reg. 13(3)
- sch. 1 para. 6C 6D inserted by S.S.I. 2018/171 reg. 7
- sch. 1 para. 6E inserted by S.S.I. 2019/70 reg. 8(3)(a)
- sch. 1 para. 12 inserted by S.S.I. 2019/70 reg. 8(3)(b)
- sch. 1 para. 6F 6G inserted by S.S.I. 2020/213 reg. 7(3)
- sch. 1 para. 11(aa) inserted by S.S.I. 2021/28 reg. 25(g)(ii)
- sch. 1 para. 8(1)(a) substituted by S.S.I. 2021/28 reg. 25(d)(i)
- sch. 1 para. 8(2) substituted by S.S.I. 2021/28 reg. 25(d)(iii)
- sch. 1 para. 12 substituted by S.S.I. 2021/28 reg. 25(h)
- sch. 1 para. 4(3) words inserted by S.S.I. 2021/28 reg. 25(c)(v)
- sch. 1 para. 8(1)(d) words inserted by S.S.I. 2021/28 reg. 25(d)(ii)
- sch. 1 para. 11(a) words inserted by S.S.I. 2021/28 reg. 25(g)(i)
- sch. 1 para. 11(c) words inserted by S.S.I. 2021/28 reg. 25(g)(iii)
- Sch. 1 para. 4(3) words substituted by S.S.I. 2012/72 reg. 39(3)(b)
- Sch. 1 para. 11(b)(c) words substituted by S.S.I. 2012/72 reg. 39(5)
- reg. 2(2)(3) inserted by S.S.I. 2016/82 reg. 12
- reg. 2(2) words inserted by S.S.I. 2019/70 reg. 8(2)(a)
- reg. 2(2) words inserted by S.S.I. 2020/213 reg. 7(2)(a)
- reg. 2(2) words substituted by S.S.I. 2017/180 reg. 22 ((as amended (1.8.2018) by S.S.I. 2018/171, reg. 9(3)))
- reg. 2(3) words inserted by S.S.I. 2019/70 reg. 8(2)(b)
- reg. 2(3) words inserted by S.S.I. 2020/213 reg. 7(2)(b)
- reg. 2(3) words substituted by S.S.I. 2017/180 reg. 22 ((as amended (1.8.2018) by S.S.I. 2018/171, reg. 9(3)))
- reg. 2(4) inserted by S.S.I. 2021/28 reg. 24(b)
Conditions of education maintenance allowanceS
This section has no associated Executive Note
5.—(1) Every education maintenance allowance shall be held subject to the following conditions–
(a)the holder of the educational maintenance allowance shall attend in accordance with any requirements specified by the educational establishment for the course of education in respect of which the education maintenance allowance is awarded;
(b)the Scottish Ministers shall be satisfied as to the conduct and progress of that holder; and
(c)that holder shall provide the Scottish Ministers with such information and such documents as they may from time to time require to enable them to exercise their functions under these Regulations.
(2) If the conditions specified in paragraph (1) are not complied with or if the holder receives from any other source any sum which, in the opinion of the Scottish Ministers, makes it unnecessary for the holder to be assisted by means of an education maintenance allowance, the Scottish Ministers may suspend payment of the education maintenance allowance or terminate the education maintenance allowance.
(3) It shall be a condition of payment of an education maintenance allowance that the applicant gives a written undertaking to pay to the Scottish Ministers any amount of which they may request repayment in the circumstances specified in paragraph (4).
(4) Where the Scottish Ministers are satisfied that there has been an overpayment of education maintenance allowance for any reason and request repayment of the overpayment or so much thereof as they think fit, the holder of the education maintenance allowance shall be obliged to pay to the Scottish Ministers the amount requested.
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