PART 5Conditions of entitlement
Relevant education45
1
For the purposes of the Act—
a
a person is to be treated as receiving relevant education if they are a qualifying young personF2, unless the person is participating in a traineeship; and
b
F3except in circumstances where sub-paragraph (a) applies the following are to be treated as relevant education—
i
undertaking a full-time course of advanced education; and
ii
undertaking any other full-time course of study or training at an educational establishment for which a student loan, grant or bursary is provided for the person's maintenance or would be available if the person applied for it.
F11A
In paragraph (1) “traineeship” means a course which—
a
is funded (in whole or in part) by, or under arrangements made by, the—
i
Secretary of State under section 14 of the Education Act 2002, or
ii
Chief Executive of Skills Funding;
b
lasts no more than 6 months;
c
includes training to help prepare the participant for work and a work experience placement; and
d
is open to persons who on the first day of the course have reached the age of 16 but not 25.
2
In paragraph (1)(b)(i), “course of advanced education” means—
a
a course of study leading to—
i
a postgraduate degree or comparable qualification;
ii
a first degree or comparable qualification;
iii
a diploma of higher education;
iv
a higher national diploma; or
b
any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).
3
A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (1)(b) is nevertheless to be treated as receiving relevant education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Secretary of State.
4
For the purposes of paragraph (1)(b), a person is to be regarded as undertaking a course—
a
throughout the period beginning on the date on which the person starts undertaking the course and ending on the last day of the course or on such earlier date (if any) as the person finally abandons it or is dismissed from it; or
b
where a person is undertaking a part of a modular course, for the period beginning on the day on which that part of the course starts and ending—
i
on the last day on which the person is registered with the provider of the course, or part of the course, as undertaking that part; or
ii
on such earlier date (if any) as the person finally abandons the course or is dismissed from it.
5
The period referred to in paragraph (4)(b) includes—
a
where a person has failed examinations or has failed to complete successfully a module relating to a period when the person was undertaking a part of the course, any period in respect of which the person undertakes the course for the purpose of retaking those examinations or that module; and
b
any period of vacation within the period specified in paragraph (4)(b) or immediately following that period except where the person has registered with the provider of the course, or part of the course, to attend or undertake the final module in the course and the vacation immediately follows the last day on which the person is to attend or undertake the course.
6
A person is not to be regarded as undertaking a course by virtue of this regulation for any part of the period mentioned in paragraph (4) during which the following conditions are met—
a
the person has, with the consent of the relevant educational establishment, ceased to attend or undertake the course because they are ill or caring for another person;
b
the person has recovered from that illness or ceased caring for that person within the past year, but not yet resumed the course; and
c
the person is not eligible for a grant or student loan.
7
In this regulation, except where paragraph (8) applies, “qualifying young person” means a person who has reached the age of 16 but not the age of 20—
a
up to, but not including, the 1st September following their 16th birthday; and
b
up to, but not including, the 1st September following their 19th birthday, if they are enrolled in, or accepted for, approved training or a course of education—
i
which is not a course of advanced education;
ii
which is provided at a school or college or provided elsewhere but approved by the Secretary of State; and
iii
where the average time spent during term time (excluding meal breaks) in receiving tuition, engaging in practical work, or supervised study, or taking examinations exceeds 12 hours per week.
8
A person is not a “qualifying young person” within the meaning in paragraph (7) where they—
a
are aged 19 and have not started the education or training or been enrolled or accepted for it before reaching the age of 19;
b
fall within paragraph (7)(b) and their education or training is provided by means of a contract of employment; or
c
are receiving universal credit, an employment or support allowance or a jobseeker's allowance.
9
In this regulation—
“approved training” means training in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 which is approved by the Secretary of State for the purposes of this regulation;
“modular course” means a course which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course;
“student loan” means a loan towards a student's maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998M1, section 73 of the Education (Scotland) Act 1980 M2 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998M3, including in Scotland a young student's bursary paid under regulation 4(1)(c) of the Student's Allowances (Scotland) Regulations 2007M4.