The Employment and Support Allowance Regulations 2008

This section has no associated Explanatory Memorandum

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 [F8or other payment] made pursuant to any provision specified in sub-paragraph (1).

Textual Amendments

F3Section 73ZA was inserted by the Further and Higher Education (Scotland) Act 2005 asp. 6, section 19.

F5Word 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)