The Employment and Support Allowance Regulations 2008

Meaning of education E+W+S

14.—(1) Subject to regulations 15 and 16, for the purposes of paragraph 6 of Schedule 1 to the Act, “ education” means a course of study to which paragraph (2) applies which is being undertaken at an educational establishment.

(2) This paragraph applies to a course of study which is—

(a) a full-time course which is not funded in whole or in part by—

[F1 (i) the [F2 Secretary of State under section 14 of the Education Act 2002];]

[F1 (ia) the Chief Executive of Skills Funding;]

(ii) the Welsh Ministers; or

(iii) the Scottish Ministers at a college of further education;

(b) a full-time course of higher education which is funded in whole or in part by the Scottish Ministers;

(c) funded in whole or in part by the [F3 [F4 Secretary of State under section 14 of the Education Act 2002], the Chief Executive of Skills Funding] or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out––

[F5 (i) in the case of a course funded by the [F4 Secretary of State under section 14 of the Education Act 2002] or the Chief Executive of Skills Funding, in the student’s learning agreement signed on behalf of the establishment which is funded by either of those [F6 persons] for the delivery of that course;]

(ii) in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by those Ministers for the delivery of that course;

(d) not a course of higher education and which is funded in whole or in part by the Scottish Ministers at a college of further education and involves—

(i) more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or

(ii) 16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week according to the number of hours set out in a document signed on behalf of the college; or

(e) a sandwich course within the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2007F7 , regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 F8 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007F9 .

[F10 (2A) Paragraph (2) does not apply to any course of study which the claimant is required to attend for the purpose of meeting a requirement to undertake work-related activity.]

(3) In this regulation “higher education” means higher education within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992 F11 .

Textual Amendments

F1 Reg. 14(2)(a)(i)(ai) substituted for reg. 14(2)(a)(i) (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), art. 28(3)(a), reg. 1

F2 Words in reg. 14(2)(a) substituted (1.5.2012) by The Young Peoples Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 22(3)(a)

F3 Words in reg. 14(2)(c) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), art. 28(3)(b), reg. 1

F4 Words in reg. 14(2)(c) substituted (1.5.2012) by The Young Peoples Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 22(3)(a)

F5 Reg. 14(2)(c)(i) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), art. 28(3)(c), reg. 1

F6 Word in reg. 14(2)(c)(i) substituted (1.5.2012) by The Young Peoples Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 22(3)(b)

F7 S.I. 2007/176.

F8 S.S.I. 2007/154.

F9 S.R. 2007/195.

F10 Reg. 14(2A) inserted (1.4.2012) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(4), 20(3)

F11 1992 c. 37, amended by the Further and Higher Education (Scotland) Act 2005 (asp. 6).