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The Individual Learning Account (Scotland) Amendment (No. 2) Regulations 2008

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Citation and commencement

1.—(1) These Regulations may be cited as the Individual Learning Account (Scotland) Amendment (No. 2) Regulations 2008.

(2) Subject to paragraphs (3) and (4), these Regulations come into force on 30th June 2008.

(3) Regulation 5(5)(b) comes into force on 27th October 2008.

(4) Regulation 8(a) comes into force on 1st January 2009.

Amendment of the Individual Learning Account (Scotland) Regulations 2004

2.  The Individual Learning Account (Scotland) Regulations 2004(1) are amended as follows.

3.  In the definition of “approved learning” in regulation 1(2) (citation, commencement and interpretation) omit “or 10(2)”.

4.  For paragraphs (2) and (3) of regulation 2 (qualifying arrangements (learning account holders)) substitute–

(2) The qualifying arrangements as specified in paragraph (1) are known as “ILA Scotland”..

5.—(1) Regulation 3 (qualifying persons (learning account holders)) is amended as follows.

(2) Omit paragraph (1).

(3) In paragraph (2) for “the qualifying arrangements named “ILA Scotland Targeted Arrangements”” substitute “ILA Scotland”.

(4) In paragraph (3) for “the age of 18” substitute “the age of 16”.

(5) In paragraph (7)–

(a)in sub-paragraph (a) after “earnings” insert “and pension income”; and

(b)after sub-paragraph (b)(vi) insert–

(vii)employment support allowance payable under Part I of the Welfare Reform Act 2007(2)..

(6) After paragraph (9) insert–

(9A) For the purposes of this regulation, “pension income” shall have the meaning given to it in section 566(2) of the Income Tax (Earnings and Pensions) Act 2003(3)..

(7) Omit paragraphs (10) and (11).

6.—(1) Regulation 4 (registration (learning account holders)) is amended as follows.

(2) In paragraph (1) omit “ILA Scotland Targeted Arrangements, ILA Scotland Universal Arrangements, or”.

(3) For paragraph (2) substitute–

(2) An application for registration as a learning account holder for the purposes of entering ILA Scotland shall not be submitted prior to such date as the Scottish Ministers may determine..

(4) In paragraph (3) omit the words from “for the purposes” to ““ILA Scotland Targeted Arrangements””.

(5) For paragraph (6)(a) substitute–

(a)it appears to the Scottish Ministers that the person does not satisfy the conditions specified in regulation 3(3) to (5) and (7);.

7.  In regulation 10 (education and training for which grant can be paid)–

(a)in paragraph (1) omit the words from “for the purposes of the qualifying arrangements” to “regulation 2(2),”; and

(b)omit paragraph (2).

8.  In regulation 11 (amount of grant)–

(a)in paragraph (1) for the words from “either–” to the end substitute “the amount of the balance, after deducting the applicable grant allowed, towards the cost of the approved learning.”; and

(b)omit paragraph (2)(a).

9.  For regulation 12(3)(b)(ii) (grant: supplementary provision) substitute–

(ii)any of the conditions contained in regulation 3(3) to (5) and (7) were not satisfied at the time of registration with the Scottish Ministers;.

FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

29th May 2008

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