3.—(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;
[F1(ab)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 [F2above 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 [F3paragraph (a) or (ab)] [F4has 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 employment[F5; 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].
[F6(3) 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 [F7paragraph (2)(a), (2)(ab)] or (2)(c) if he began the education or training (as the case may be) referred to in that sub-paragraph[F8, or was accepted or enrolled to undertake that education or training,] before attaining that age.
[F9(5) 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.]
Textual Amendments
F1Reg. 3(2)(ab) inserted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(3)(a)
F2Words in reg. 3(2)(ab)(i) inserted (28.11.2014) by The Child Benefit (General) and Tax Credits (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/2924), regs. 1, 2
F3Words in reg. 3(2)(b) substituted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(3)(b)
F4Words in reg. 3(2)(b) substituted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(a)
F5Reg. 3(2)(d) and preceding word inserted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(b)
F6Reg. 3(3) substituted (6.4.2020) by The Tax Credits, Child Benefit, Guardians Allowance and Childcare Payments (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/297), regs. 1, 6(2)(a)
F7Words in reg. 3(4) substituted (4.6.2014) by The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014 (S.I. 2014/1231), regs. 1, 2(4)
F8Words in reg. 3(4) inserted (16.8.2007) by The Child Benefit (General) (Amendment) Regulations 2007 (S.I. 2007/2150), regs. 1, 4(c)