The Employment and Support Allowance Regulations 2008

13.—(1) Any payment— E+W+S

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996 F1 ;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 F2 ; or

(iii) directions made under section 73ZA of the Education (Scotland) Act 1980 F3 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 F4 ; F5 ...

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002 F6 ; or

(ii) regulations made under section 181 of that Act[F7 ; or]

[F7 (c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.]

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992;

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance [F8 or other payment] made pursuant to any provision specified in sub-paragraph (1).

Textual Amendments

F1 1996 c. 56. Section 518 was substituted by the School Standards and Framework Act 1998 (c. 31), section 129.

F2 1980 c. 44.

F3 Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 asp. 6, section 19.

F4 1992 c. 37.

F5 Word in Sch. 8 para. 13(1)(a)(iii) omitted (31.10.2011) by virtue of The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(16)(a)

F6 2002 c. 32. Section 14 was amended by the Children Act 2004 (c. 31), section 59 and the Education Act 2005 (c. 18), Schedule 14, paragraph 23(1) to (3).

F7 Sch. 8 para. 13(1)(c) and word added (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(16)(b)

F8 Words in Sch. 8 para. 13(2) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(16)(c)