Amendment of the Maintenance Calculation Procedure Regulations4

1

Schedule 1 to the Maintenance Calculation Procedure Regulations (meaning of “child” for the purposes of the Act)12 is amended as follows.

2

For paragraph 1 (persons of 16 or 17 years of age who are not in full-time non-advanced education), substitute—

1

The conditions which must be satisfied for a person to be a child within section 55(1)(c) of the Act are that the person—

a

is registered for training with a qualifying body; and

b

is a person in respect of whom child benefit is payable.

Period for which a person is to be treated as continuing to fall within section 55(1) of the Act1A

Where a person (“P”) has ceased to fall within section 55(1) of the Act, P is to be treated as continuing to fall within that subsection for any period during which P is a person in respect of whom child benefit is payable.

3

For paragraph 2 (meaning of “advanced education” for the purposes of section 55 of the Act), substitute—

2

For the purposes of section 55 of the Act “advanced education” means education for the purposes of—

a

a course in preparation for a degree, a diploma of higher education, a higher national diploma or a teaching qualification; or

b

any other course which is of a standard above 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.

4

For sub-paragraph (2) of paragraph 4 (interruption of full-time education), substitute—

2

The provisions of sub-paragraph (1) do not apply to any period of interruption of a person’s full-time education which is followed immediately by a period during which child benefit ceases to be payable in respect of that person.

5

Omit paragraph 5 (circumstances in which a person who has ceased to receive full-time education is to be treated as continuing to fall within section 55(1) of the Act).

6

For paragraph 6 (interpretation), substitute—

6

In this Schedule “qualifying body” has the same meaning as in regulation 5(4) of the Child Benefit (General) Regulations 2006 (extension period: 16 and 17 year olds)13.