The Social Security (Incapacity Benefit) Regulations 1994

[F1Circumstances in which a person is or is not to be treated as receiving full-time educationE+W+S

17.—(1) This regulation applies for the purposes of section 30A(7) of the Contributions and Benefits Act (the circumstances in which a person is or is not to be treated as receiving full-time education for the purposes of section 30A(2A)(e) of that Act).

(2) A person shall be treated as receiving full-time education for any period during which—

(a)he is 16 years of age or over but under the age of 19 years; and

(b)he attends a course of education for 21 hours or more in a week.

(3) For the purposes of paragraph (2)(b), in calculating the number of hours a week during which a person attends a course, no account shall be taken of any instruction or tuition which is not suitable for persons of the same age and sex who do not suffer from a physical or mental disability.

(4) In determining the duration of a period of full-time education under paragraph (2), any temporary interruption of that education may be disregarded.

(5) A person who is 19 years of age or over shall not be treated for the purposes of section 30A(2A)(e) of the Contributions and Benefits Act as receiving full-time education notwithstanding he is undergoing a full-time education.]

Textual Amendments