The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003

1.  These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003.

2.  These Regulations come into force—

(a) for the purposes of regulation 4(b), on 1^st April 2003; and

(b) for all other purposes, on 1^st August 2003.

3.  The Education Maintenance Allowance (Pilot Areas) Regulations 2001(1) shall be amended as follows.

4.  In regulation 2(1) (Interpretation)—

(a) for paragraph (a) of the definition of “parent” substitute the following paragraph—

“(a) in regulation 5 means the mother or father of a student or child (including the mother or father by adoption) but not any other person with parental responsibility for the student or child (and child shall be construed accordingly), and;”

(b) in paragraph (i) of the definition of “vulnerable student” substitute “carer's” for “invalid care(2)”.

5.  In regulation 5 (Income condition)—

(a) in paragraph (5) after “For the purposes of this Regulation” insert “and subject to paragraphs (6A) and (6B)”;

(b) in paragraph (6)—

(i) in sub-paragraph (a)—

(aa) after “a child” insert “over compulsory school age”;

(bb) for “Part IV” substitute “Part IX”;

(ii) in sub-paragraph (b)—

(aa) after “(excluding the student in respect of whom the allowances are to be paid)” insert “being a child over compulsory school age and”;

(bb) after “Part III” omit “of that Act” and insert “of the 1992 Act and in respect of whom there remains an entitlement to child benefit under Part IX of that Act”;

(c) after paragraph (6) insert the following paragraphs—

“(6A) Where income computed in accordance with paragraphs (5) and (6) exceeds the relevant amount there shall be deducted from that income an additional £1,000 multiplied by the number of applicable children and for the purposes of this paragraph an applicable child is—

(a) a child (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) in respect of whom either of the student’s parents (where the student’s parents live together as husband and wife) or the student’s relevant parent ( where the student’s parents do not live together as husband and wife) is entitled to child benefit under Part IX of the 1992 Act for any week during the relevant period comprising the academic year in respect of which the allowance is paid; and

(b) a child of one of the student’s parents (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) who is entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for any day during the relevant period comprising the academic year in respect of which the allowance is paid.

(6B) Where income computed in accordance with paragraphs (5) and (6) does not exceed the relevant amount after deductions have been made in accordance with paragraph (6A) the income condition is to be treated as satisfied.”.

6.  In regulation 6(1) (Other Conditions)—

(a) for sub-paragraph (a) substitute the following paragraph—

“(a) that the relevant area is the area of an authority specified in the Schedule and the student’s final school year was the 1999-2000, 2000-2001, 2001-2002 or 2002-2003 academic year;”;

(b) in sub-paragraph (c) in sub-paragraph (i) for “Part IV” substitute “Part IX”.

7.  In regulation 8 (Weekly allowance)—

(a) in paragraph (1) after “(2)” omit “and (4)” and insert “(4), (9) and (10)”;

(b) in paragraph (4) sub-paragraph (h) after “regulation 5(6)” insert “whether or not read with regulation 5(6A)”;

(c) after paragraph (8) insert the following paragraphs—

“(9) Where the income condition in regulation 5 has been satisfied after any deduction made from income in accordance with regulation 5(6A) the amount of a weekly allowance shall be £5 per week.

(10) Except as provided in paragraph (9) the amount of a weekly allowance may be varied according to income, as the relevant authority sees fit.”.

8.  For the Schedule substitute the Schedule to these Regulations.

Margaret Hodge

Minister of State

Department for Education and Skills

3rd March 2003