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The Universal Credit Regulations 2013
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Meaning of “receiving education”U.K.
This section has no associated Explanatory Memorandum
12.—[F1(1) This regulation applies for the basic condition in section 4(1)(d) of the Act (not receiving education).
(1A) A qualifying young person is to be treated as receiving education, unless the person is participating in a [F2relevant training scheme].
(1B) In paragraph (1A)
[F3“relevant training scheme” means—
(a)
a traineeship, or
(b)
a course or scheme which—
(i)
comprises education or training designed to assist a claimant to gain the skills needed to obtain paid work (or more paid work or better-paid work);
(ii)
is attended by a claimant falling within section 22 of the Act as a work preparation requirement or as voluntary work preparation, and
(iii)
the claimant has been referred to by the Secretary of State;]
“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 [F4Education and 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) [F5Except in circumstances where paragraph (1A) applies] “receiving education” means—
(a)undertaking a full-time course of advanced education; or
(b)undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person's maintenance.
(3) In paragraph (2)(a) “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).
(4) A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving 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.
Textual Amendments
F1Reg. 12(1)-(1B) substituted for reg. 12(1) (27.3.2015) by The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 4(a)
F2Words in reg. 12(1A) substituted (6.11.2017) by The Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017 (S.I. 2017/987), regs. 1, 4(2)(a) (with reg. 6)
F3Words in reg. 12(1B) inserted (6.11.2017) by The Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017 (S.I. 2017/987), regs. 1, 4(2)(b)(i) (with reg. 6)
F4Words in reg. 12(1B) substituted (6.11.2017) by The Social Security (Qualifying Young Persons Participating in Relevant Training Schemes) (Amendment) Regulations 2017 (S.I. 2017/987), regs. 1, 4(2)(b)(ii)
F5Words in reg. 12(2) substituted (27.3.2015) by The Social Security (Traineeships and Qualifying Young Persons) Amendment Regulations 2015 (S.I. 2015/336), regs. 1, 4(b)
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