The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003 No. 553

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STATUTORY INSTRUMENTS

2003 No. 553
EDUCATION, ENGLAND
The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003

	Made	3rd March 2003
	Laid before Parliament	10th March 2003
	Coming into force
	Regulation 4(b)	1st April 2003
	Remainder	1st August 2003

In exercise of the powers conferred upon the Secretary of State by sections 518 and 569(4) of the Education Act 1996[1] the Secretary of State for Education and Skills hereby makes the following Regulations:

1. These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003.

2. These Regulations come into force -

3. The Education Maintenance Allowance (Pilot Areas) Regulations 2001[2] shall be amended as follows.

4. In regulation 2(1) (Interpretation) -

(a) for paragraph (a) of the definition of "parent" substitute the following paragraph -

(b) in paragraph (i) of the definition of "vulnerable student" substitute "carer's" for "invalid care[3]".

5. In regulation 5 (Income condition) -

(a) in paragraph (5) after "For the purposes of this Regulation" insert "and subject to paragraphs (6A) and (6B)";

(b) in paragraph (6) -

(ii) in sub-paragraph (b) -

" (6A) Where income computed in accordance with paragraphs (5) and (6) exceeds the relevant amount there shall be deducted from that income an additional £1,000 multiplied by the number of applicable children and for the purposes of this paragraph an applicable child is -

(6B) Where income computed in accordance with paragraphs (5) and (6) does not exceed the relevant amount after deductions have been made in accordance with paragraph (6A) the income condition is to be treated as satisfied.".

6. In regulation 6(1) (Other Conditions) -

(a) for sub-paragraph (a) substitute the following paragraph -

(b) in sub-paragraph (c) in sub-paragraph (i) for "Part IV" substitute "Part IX".

7. In regulation 8 (Weekly allowance) -

(a) in paragraph (1) after "(2)" omit "and (4)" and insert "(4), (9) and (10)";

(b) in paragraph (4) sub-paragraph (h) after "regulation 5(6)" insert "whether or not read with regulation 5(6A)";

(c) after paragraph (8) insert the following paragraphs -

" (9) Where the income condition in regulation 5 has been satisfied after any deduction made from income in accordance with regulation 5(6A) the amount of a weekly allowance shall be £5 per week.

(10) Except as provided in paragraph (9) the amount of a weekly allowance may be varied according to income, as the relevant authority sees fit.".

8. For the Schedule substitute the Schedule to these Regulations.

Margaret Hodge
Minister of State Department for Education and Skills

3rd March 2003

SCHEDULERegulation 8

Barking & Dagenham

Barnsley

Birmingham

Bolton

Bradford

Brent

Camden

Cornwall

Coventry

Doncaster

Ealing

East Lancashire

Gateshead

Greenwich

Hackney

Halton

Hammersmith & Fulham

Haringey

Hartlepool

Islington

Kingston upon Hull

Knowsley

Lambeth

Leeds

Leicester

Lewisham

Liverpool

Luton

Manchester

Middlesbrough

Newham

North East Lincolnshire

North Tyneside

Northumberland

Nottingham

Oldham

St Helens

Salford

Sandwell

Sheffield

South Tyneside

Southampton

Southwark

Stoke-on-Trent

Suffolk

Sunderland

Tameside

Tower Hamlets

Wakefield

Walsall

Waltham Forest

Wandsworth

Wigan

Wirral

Wolverhampton

Worcestershire

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend The Education Maintenance Allowance (Pilot Areas) Regulations 2001 and should be read in conjunction with The Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2002.

The second part of regulation 4 reflects a change in name, as from 1^s^t April 2003, of "invalid care allowance" to "carer's allowance".

Regulation 5, together with the first part of regulation 4, set out how financial eligibility for payment of an Education Maintenance Allowance is now to be arrived at, where there are siblings in the same household as the applicant.

Regulations 6 and 8, read together, exclude from eligibility for an allowance, those students whose final school year was 1998-1999 and include those students whose final school year will be 2002-2003 and they reflect the fact that the final school year is now the same for all areas taking part in the pilots.

Regulation 7 allows Local Education Authorities to adjust the amount paid by way of weekly allowance, depending on the amount of assessed income. No such adjustments will be made, however, where a student receives a weekly allowance of only £5 per week.

Notes:

[1] 1996 c. 56; section 518 was substituted by section 129 of the School Standards and Framework Act 1998 (c. 31). By virtue of S.I. 1999/672 the powers conferred by this section are exercisable by the Secretary of State only in relation to England.back

[2] S.I. 2001/2750, amended by S.I. 2002/1841.back

[3] Substituted by S.I. 2002/1457 back

ISBN 0 11 045178 3

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