PART 2Qualifying young persons: prescribed conditions

Introduction2

1

Regulations 3 to 7 prescribe—

a

the age which a person must not have attained, and

b

the conditions which are to be satisfied,

for a person to be a qualifying young person.

2

Where more than one of those regulations apply to a person, he is a qualifying young person until the last of them ceases to be satisfied.

3

Regulations 3 to 7 are subject to the following qualifications.

4

Regulation 8 prescribes an additional condition which must be satisfied for a person to be a qualifying young person in respect of a week.

5

No-one who had attained the age of 19 before 10th April 2006 is a qualifying young person.

Education and training condition3

1

This regulation applies in the case of a person who has not attained the age of 20.

2

The condition is that the person—

a

is undertaking a course of full-time education, which is not advanced education and which is not provided by virtue of his employment or any office held by him—

i

which is provided at a school or college; or

ii

which is provided elsewhere but is approved by the Commissioners;

F12ab

is being provided with “appropriate full-time education” in England within section 4 (appropriate full-time education or training) of the Education and Skills Act 2008, which is not—

i

a course in preparation for a degree, a diploma of higher education, a higher national certificate, a higher national diploma, a teaching qualification, any other course which is of a standard F15above 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;

ii

provided by virtue of his employment or any office held by him;

b

having undertaken such a course as is mentioned in F13paragraph (a) or (ab)F2has been accepted or is enrolled to undertake a further such course;

c

is undertaking approved training that is not provided by means of a contract of employmentF1; or

d

having undertaken a course mentioned in paragraph (a) or approved training mentioned in paragraph (c), has been accepted or is enrolled to undertake such approved training.

F193

A person (P) is not a qualifying young person by virtue of paragraph (2)(a)(ii) unless either—

a

P was receiving the education referred to in that paragraph as a child, or

b

P begins to receive that education after attaining the age of sixteen where—

i

P has received a statement of special educational needs; and

ii

the local authority has assessed the programme of home education as being suitable for P’s special needs.

4

A person who is aged 19 is only a qualifying young person by virtue of F14paragraph (2)(a), (2)(ab) or (2)(c) if he began the education or training (as the case may be) referred to in that sub-paragraphF3, or was accepted or enrolled to undertake that education or training, before attaining that age.

F185

In this regulation “a statement of special educational needs” means a statement, plan or assessment made by a local authority, which identifies and assesses the special educational needs of a person and specifies the special educational provision required by that person.

Continuation of entitlement until 31st August: 16 year olds4

1

This regulation applies in the case of a person who has not attained the age of 17 and who has left relevant education or training.

2

F7Subject to paragraph (3), the condition is that the 31st August next following the person's 16th birthday has not passed.

F63

In the case of a person who attains the age of 16 on 31 August in any year, the condition is that the 1st September immediately following has not passed.

Extension period: 16 and 17 year olds5

1

This regulation applies in the case of a person who has not attained the age of 18.

2

The condition is that—

a

the person has ceased to be in education or training;

b

the person is registered for work, education or for training with a qualifying body;

c

the person is not engaged in remunerative work;

d

the extension period which applies in the case of that person has not expired;

e

immediately before the extension period begins, the person who is responsible for him is entitled to child benefit in respect of him without regard to this regulation; and

F8f

the individual who is responsible for that person, within three months of that person’s ceasing education or training, has made a request for the payment of child benefit during the extension period to the Commissioners, in writing, or by such other means as the Commissioners may accept.

3

For the purposes of paragraph (2) the extension period—

a

begins on the first day of the week after that in which the person ceased to be in education or training; and

b

ends 20 weeks after it started.

4

In this regulation “qualifying body” means—

a

the Careers Service or Connexions Service;

b

the Ministry of Defence;

c

in Northern Ireland, the Department for F17Communities, the Department for the Economy or the Education Authority; or

d

for the purposes of applying Council Regulation (EEC) No. 1408/71F9or Regulation (EC) No 883/2004 of the European Parliament and of the Council, any corresponding body in another member State.

Interruptions6

1

This regulation applies in the case of a person who has not attained the age of 20.

2

If, immediately before the commencement of an interruption specified in paragraph (3)(a) or (b), a person was a qualifying young person by virtue of any other provision of these Regulations, he is such a person throughout a period of interruption during which he satisfies the condition specified in that sub-paragraph.

3

The periods of interruption are—

a

one of up to six months (whether beginning before or after the person concerned became 16) but only to the extent to which, in the opinion of the Commissioners, that the interruption is reasonable; and

b

one attributable to the illness or disability of mind or body of the person concerned for such period as is reasonable in the opinion of the Commissioners.

This is subject to the following qualification.

4

Paragraph (3) does not apply to an interruption which is, or is likely to be, followed immediately by a period during which—

a

provision is made for training of that person which is not approved training;

b

he is receiving advanced education;

c

he is receiving education by virtue of his employment or of any office held by him.

Qualifying young person: terminal dates7

1

This regulation applies in the case of a person who has not attained the age of 20.

F212

The condition is that the period found in accordance with Cases 1 and 2 has not expired in that person’s case

Case 1

 

1

The period is from the date on which he ceases to receive relevant education or approved training, up to and including—

a

the week including the terminal date, or

b

if he attains the age of 20 on or before that date, the week including the last Monday before he attains that age.

1

For the purposes of this Case the “terminal date” means—

a

the last day in February,

b

the last day in May,

c

the last day in August,

d

the last day in November,

whichever first occurs after the date on which the person's relevant education or approved training ceased (but subject to paragraph 1.3 of this Case).

1

In the case of a person in Scotland who—

a

undertakes the Higher Certificate or Advanced Higher Certificate immediately before ceasing relevant education, and

b

ceases relevant education on a date earlier than he would have done had he undertaken the comparable examination in England and Wales,

the terminal date shall be reckoned by reference to the date on which the cessation would have occurred had he undertaken the comparable examination.

Case 2

 

2

Where a person's name is entered as a candidate for any external examination in connection with relevant education which he is receiving at that time, so long as his name continues to be so entered before ceasing to receive such education, the prescribed period is—

a

from the later of—

i

date when that person ceased to receive relevant education, or

ii

the date on which he attained the age of 16,

b

up to and including—

i

whichever of the dates in paragraph 1.2 (as modified by paragraph 1.3 where appropriate) first occurs after the conclusion of the examination (or the last of the examinations if the person is entered for more than one), or

ii

the expiry of the week which includes the last Monday before his 20th birthday,

whichever is the earlier.

This paragraph is subject to the following qualification.

F22...

3

Child benefit is not payable in respect of a qualifying young person by virtue of this regulation for any week in which he is engaged in remunerative work.

F204

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child benefit not payable in respect of qualifying young person: other financial support8

1

This regulation applies in the case of a person who has not attained the age of 20 years.

2

The condition is that the person is not in receipt, in a week, of—

a

income support,

b

income-based jobseeker's allowance within the meaning of section 1(4) of the Jobseekers Act 1995 or Article 3(4) of the Jobseekers (Northern Ireland) Order 1995,

c

incapacity benefit by virtue of being a person to whom section 30A(1)(b) of SSCBA M1 or section 30A(1)(b) of SSCB(NI)A M2 applies, F4...

d

tax credit under the Tax Credits Act 2002, F10...

e

F5employment and support allowance payable under Part 1 of the Welfare Reform Act 2007F11;or

f

universal credit under Part 1 of the Welfare Reform Act 2012F16or Part 2 of the Welfare Reform (Northern Ireland) Order 2015.