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Regulation 1(4)
[F21.—[F3(1) A person satisfies such conditions as may be prescribed for the purposes of section 55(1)(of the Act if that person satisfies any of the conditions in sub-paragraphs (2) and (3).
(2) The person is receiving full-time education (which is not advanced education)—
(a)by attendance at a recognised educational establishment; or
(b)elsewhere, if the education is recognised by the Secretary of State.
(3) The person is a person in respect of whom child benefit is payable.]
Textual Amendments
F1Sch. 1 para. 1 heading substituted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 2(2)(a)
F2Sch. 1 para. 1 1A substituted for Sch. 1 para. 1 (10.11.2009) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(2), 3(4)(a)
F3Sch. 1 para. 1 substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(2)
F41A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 1 1A substituted for Sch. 1 para. 1 (10.11.2009) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(2), 3(4)(a)
F4Sch. 1 para. 1A omitted (10.12.2012 coming into force in accordance with reg. 1(3)) by virtue of The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(3)
[F52. For the purposes of [F6this Schedule] “advanced education” means education for the purposes of—
(a)a course in preparation for a degree, a diploma of higher education[F7, a higher national certificate], a higher national diploma or a teaching qualification; or
(b)any other course which is of a standard 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.]
Textual Amendments
F5Sch. 1 para. 2 substituted (10.11.2009) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(2), 3(4)(b)
F6Words in Sch. 1 para. 2 substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(4)(a)
F7Words in Sch. 1 para. 2(a) inserted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(4)(b)
3. For the purposes of [F8this Schedule] education shall be treated as being full-time if it is received by a person attending a course of education at a recognised educational establishment and the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds 12 hours per week, so however that in calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study, whether undertaken on or off the premises of the educational establishment.
Textual Amendments
F8Words in Sch. 1 para. 3 substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(5)
4.—(1) Subject to sub-paragraph (2), in determining whether a person falls within [F9paragraph 1(2)] no account shall be taken of a period (whether beginning before or after the person concerned attains age 16) of up to 6 months of any interruption to the extent to which it is accepted that the interruption is attributable to a cause which is reasonable in the particular circumstances of the case; and where the interruption or its continuance is attributable to the illness or disability of mind or body of the person concerned, the period of 6 months may be extended for such further period as [F10the Secretary of State] considers reasonable in the particular circumstances of the case.
[F11(2) The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.]
Textual Amendments
F9Words in Sch. 1 para. 4(1) substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(6)
F10Words in Sch. 1 para. 4 substituted (1.6.1999) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1999 (S.I. 1999/1047), regs. 1(1), 32
F11Sch. 1 para. 4(2) substituted (10.11.2009) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(2), 3(4)(c)
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 1 para. 5 omitted (10.11.2009) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 2009 (S.I. 2009/2909), regs. 1(2), 3(4)(d)
[F136. In this Schedule, “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this Schedule as being, or as comparable to, a university, college or school.]
Textual Amendments
F13Sch. 1 para. 6 substituted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(7)
7. For the purposes of paragraph 1(2), the Secretary of State may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.]
Textual Amendments
F14Sch. 1 para. 7 inserted (10.12.2012 coming into force in accordance with reg. 1(3)) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(3), 2(8)
8. For the purposes of paragraphs 1(3) and 4(2), a person in respect of whom child benefit is payable includes a person in respect of whom an election has been made under section 13A(1) of the Social Security Administration Act 1992 (election not to receive child benefit) for payments of child benefit not to be made.]
Textual Amendments
F15Sch. 1 para. 8 inserted (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 2(2)(b)
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