The Individual Learning Account (Scotland) Regulations 2011

Qualifying persons (Learning Account Holders)

3.—(1) A Learning Account Holder is a Qualifying Person for the purposes of entering ILA Scotland if—

(a) the person has registered with the Scottish Ministers under regulation 4; and

(b) at the date of registration satisfies the conditions specified in paragraphs (2) to (4) and (6) below.

(2) The condition in this paragraph is that the person has attained the age of 16.

(3) The condition in this paragraph is that the person—

(a) is a British citizen;

(b) is settled in the United Kingdom within the meaning of section 33(2A) of the Immigration Act 1971(1);

(c) is a refugee, ordinarily resident in the United Kingdom who has not ceased to be so resident since that person was recognised as a refugee;

(d) is a person who—

(i) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although that person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to remain in the United Kingdom;

(ii) has been granted leave to enter or remain accordingly; and

(iii) has been ordinarily resident in the United Kingdom throughout the period since that person was granted leave to enter or remain;

(e) is a person not falling within paragraphs (a) to (d) but is a national of a member state of the European Economic Area;

(f) is a person not falling within paragraphs (a) to (d) but is a national of Switzerland and who is entitled to become a Learning Account Holder by virtue of Article 3(6) or Article 9(3) of Annex I to the Switzerland Agreement; or

(g) is the child of a Turkish Worker.

(4) The condition in this paragraph is that the person is either—

(a) resident in Scotland; or

(b) subject to subsection (5), temporarily resident outside Scotland but ordinarily resident in Scotland.

(5) For the purposes of paragraph (4)(b) the residence of a member of the naval, military or air force of the Crown (“a member of the armed forces”) is to be determined as follows:—

(a) unless sub-paragraph (b) applies, a member of the armed forces must be treated as being resident at the establishment where that member is for the time being serving; and

(b) where the member of the armed forces is serving at an establishment outside the United Kingdom, that member must be treated as being resident at the establishment in the United Kingdom where that member most recently served, disregarding any establishment at which that member served for a period of less than one month.

(6) The condition in this paragraph is that the person is either—

(a) a person with a gross income from earnings and pension income not exceeding £22,000 in the Account Holder’s Year; or

(b) a person in receipt of any one of the following:—

(i) a jobseeker’s allowance payable under Part I of the Jobseekers Act 1995(2);

(ii) income support payable under section 124 of the 1992 Act(3);

(iii) invalid care allowance payable under section 70 of the 1992 Act(4);

(iv) incapacity benefit payable under section 30A of the 1992 Act(5);

(v) the maximum rate of child tax credit payable under section 9 of the Tax Credits Act 2002(6);

(vi) state pension credit payable under section 1 of the State Pension Credit Act 2002(7); or

(vii) employment and support allowance payable under Part I of the Welfare Reform Act 2007(8).

(7) For the purposes of paragraph (6)—

(a) a person’s gross income from earnings includes the amount of income tax and social security contributions payable in respect of it;

(b) “earnings”, in the case of employed earners, has the same meaning as in regulation 35 of the Income Support (General) Regulations 1987(9) and, in the case of self-employed earners, has the same meaning as in regulation 37 of those Regulations; and

(c) “pension income” has the meaning given to it in section 566(2) of the Income Tax (Earnings and Pensions) Act 2003(10).

(1)

1971 c. 77. Section 33(2A) was inserted by section 39(6) and Schedule 4, paragraph 7(b) of the British Nationality Act 1981 (c.61).

(2)

1995 c. 18.

(3)

Section 124 was amended by paragraph 30 of Schedule 2, and Schedule 3, to the Jobseekers Act 1995 (c.18); paragraph 28 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c.30); paragraph 2 of Schedule 2, and Schedule 3, to the State Pension Credit Act 2002 (c.16); paragraph 42 of Schedule 24 to the Civil Partnership Act 2004 (c.33) and paragraph 9 of Schedule 3, and Schedule 8, to the Welfare Reform Act 2007 (c.5).

(4)

Section 70 was amended by regulation 2 of the Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations (S.I. 1994/2556) and article 3 of, and paragraph 2 of the Schedule to, the Regulatory Reform (Carer’s Allowance) Order (S.I. 2002/1457).

(5)

Section 30A was inserted by section 1 of the Social Security (Incapacity for Work) Act 1994 (c.18) and was amended by section 64 of the Welfare Reform and Pensions Act 1999 (c.30) and paragraph 14 of Schedule 24 to the Civil Partnership Act 2004 (c.33).

(6)

2002 c.21.

(7)

2002 c.16.

(8)

2007 c.5.

(9)

S.I. 1987/1967.

(10)

2003 c.1. Section 566 was amended by paragraph 3 of Schedule 31 to the Finance Act 2004 (c.12).