PART 2Qualifying young persons: prescribed conditions

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;

F4ab

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 F7above 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 F5paragraph (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.

F93

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 F6paragraph (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.

F85

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.