SCHEDULE 2REQUIREMENTS

PART IIIMAINTENANCE OF DEPENDANTS

15.

(1)

Subject to sub-paragraph (3), this paragraph shall apply in the case of a student with a dependent child where an amount is included in respect of the child in determining the dependants requirement under paragraph 13 and the child is either

(a)

aged 3 or 4 during the relevant school year, or

(b)

attends a school maintained by a local education authority or a city technology college or a city college for the technology of the arts35 or a city academy36 during the relevant school year.

(2)

The dependants requirement of the student (determined in accordance with paragraph 13(2)(a) or (b)), shall be increased by—

(a)

£255 for each dependent child aged 3 or over on 31st December in the relevant school year, but under the age of 11 immediately before the beginning of the relevant school year;

(b)

£170 for each dependent child whose third birthday falls after 31st December but on or before 31st March in the relevant school year;

(c)

£85 for each dependent child whose third birthday falls after 31st March but before the end of the relevant school year;

(d)

£275 for each dependent child of compulsory school age who is aged 11 or over immediately before the beginning of the relevant school year.

(3)

This paragraph shall not apply where the dependent child receives school meals free of charge under section 512 or 512A of the Education Act 199637 or where similar provision is made for him pursuant to an agreement made between the Secretary of State and a person who establishes and maintains a city technology college or a city college for the technology of the arts or a city academy under section 482 of that Act.

(4)

In this paragraph “relevant school year” means :

(a)

in the case of a child who attends a school (of a kind referred to in sub-paragraph 1(b)), the school year (within the meaning of Section 579(1) of the Education Act 199638) whose beginning is closest to the beginning of the academic year in respect of which the dependants requirement under this Part of this Schedule is being assessed; and

(b)

in the case of a child aged 3 or 4 who does not attend such a school, the period of twelve months beginning on 1st September, falling closest to the beginning of the academic year in respect of which the dependants requirement under this Part of this Schedule is being assessed.