The Education Maintenance Allowance (Pilot Areas) Regulations 2000

Interpretation

2.—(1) In these Regulations—

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992(1);

“academic year” means the period from 1st September in one year to 31st August in the next year, except that where the first term of an institution to begin after July begins before 1st September, the academic year is the period beginning at the start of that term and ending immediately before the start of the first such term in the following year;

“advanced education” and “full-time education” have the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976(2);

“education maintenance allowance learning agreement” has the meaning given in regulation 7;

“GCSE” means a General Certificate of Secondary Education;

“GNVQ” means a General National Vocational Qualification;

“NVQ” means a National Vocational Qualification;

“parent”—

(a)

in regulation 5 and 6(1)(c) means the mother or father of the student (including the mother or father by adoption) but not any other person with parental responsibility for the student, and

(b)

elsewhere in these regulations has the same meaning as in section 576 of the Education Act 1996;

“period of eligibility” in relation to a student means the period beginning at the end of the student’s final school year and ending after—

(a)

4 academic years, where the student had a statement of special educational needs made under section 324 of the Education Act 1996 during the school year in which he ceased to be of compulsory school age or where the student is a vulnerable student, or

(b)

3 academic years in any other case;

“relevant area” means—

(a)

the area of the relevant authorities except East Lancashire,

(b)

in East Lancashire the following wards: Burnley, Hyndburn, Pendle, Ribble Valley and Rossendale;

“relevant authority” means a local education authority specified in the Schedule(3);

“relevant educational establishment” means—

(a)

a school maintained by a local education authority,

(b)

an independent school within the meaning of section 463 of the Education Act 1996 other than one whose registration under section 465 of that Act is provisional only,

(c)

an institution within the further education sector, or

(d)

any other educational institution which the local education authority considers appropriate;

“relevant period” in relation to the payment of any allowance in respect of a student means the period starting on 30th June immediately before the start of the academic year in respect of which the allowance is paid and ending at the start of that academic year;

“vulnerable student” means a student who was ordinarily resident for a period of three consecutive months ending during the relevant period in Cornwall, Nottingham, Stoke on Trent or Walsall and,

(a)

is, at any time during the relevant period or the period of eligibility which applies to that student, in the opinion of the local authority estranged from his parents,

(b)

had a statement of special educational needs made under section 324 of the Education Act 1996 during the student’s final school year, or has a disability within the meaning of section 1 of the Disability Discrimination Act 1995(4),

(c)

has at any time been a looked after student since reaching the age of 11,

(d)

has at any time been permanently excluded from school while undergoing secondary education,

(e)

has at any time been identified by the youth offending team established under section 39 of the Crime and Disorder Act 1998(5) for the area as needing additional educational support,

(f)

has not, by the end of the student’s final school year, achieved NVQ level 1, GNVQ level 1 or any GCSE passes or obtained any qualifications of a higher standard,

(g)

is a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child,

(h)

has at any time been in receipt of invalid care allowance in accordance with section 70 of the 1992 Act,

(i)

has at any time participated in the provision known as Life Skills forming part of the programme known as the Learning Gateway;

“week” means a period of 7 days beginning with a Monday.

(2) For the purposes of these Regulations a student is a looked after student if he is looked after by a relevant authority and in this paragraph “looked after” shall be construed in accordance with section 22 of the Children Act 1989(6).

(3) For the purposes of these Regulations a student is an independent student if the student is—

(a) in the opinion of the Local Education Authority estranged from his parents;

(b) a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child; or

(c) aged 19.

(4) Any reference in these Regulations to a person responsible for a pupil shall be construed in accordance with section 143 of the 1992 Act.

(5) Any reference in these Regulations to a student being educated otherwise than at an institution is a reference to a student being so educated under arrangements made by a relevant authority under section 19 of the Education Act 1996.

(6) Any reference in these Regulations to the student’s final school year is a reference to—

(a) the school year in which the student was in a class in which the majority of the students reached the age of 16, where the student attended school; or

(b) the academic year in which the student reached the age of 16 where the student did not attend school.

(1)

1992 c. 4.

(2)

S.I. 1976/965; a relevant amending instrument is S.I. 1987/357.

(3)

All the relevant authorities are situated in England.

(4)

1995 c. 50.

(5)

1998 c. 37.

(6)

1989 c. 49.