PART 2Meaning of “Child”

Amendment of the Child Support (Maintenance Assessment Procedure) Regulations 19922

1

Schedule 1 (meaning of “child” for the purposes of the Act) to the Child Support (Maintenance Assessment Procedure) Regulations 1992 M1 is amended as follows.

2

For paragraph 1, substitute—

1

1

 A person satisfies such conditions as may be prescribed for the purposes of section 55(1)(of the Act M2 if that person satisfies any of the conditions in sub-paragraphs (2) and (3).

2

The person is receiving full-time education (which is not advanced education)—

a

by attendance at a recognised educational establishment; or

b

elsewhere, if the education is recognised by the Secretary of State.

3

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

3

Omit paragraph 1A.

4

In paragraph 2—

a

for “section 55 of the Act” substitute “ this Schedule ”; and

b

in sub-paragraph (a), after “education” insert “ , a higher national certificate ”.

5

In paragraph 3, for “section 55 of the Act” substitute “ this Schedule ”.

6

In paragraph 4, for “section 55(1)(b) of the Act” substitute “ paragraph 1(2) ”.

7

For paragraph 6, substitute—

6

In this Schedule, “recognised educational establishment” means an establishment recognised by the Secretary of State for the purposes of this Schedule as being, or as comparable to, a university, college or school.

8

After paragraph 6 insert—

Education otherwise than at a recognised educational establishment7

For the purposes of paragraph 1(2), the Secretary of State may recognise education provided for a person otherwise than at a recognised educational establishment only if satisfied that education was being so provided for that person immediately before that person attained the age of 16.