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The Education (Inter-authority Recoupment) Regulations 1994
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- 1994 No. 3251
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations are made under section 51 of the Education (No. 2) Act 1986 as amended by section 279 of the Education Act 1993. They introduce a number of changes to the recoupment system.
Recoupment between local education authorities in England and Wales is only compulsory in respect of the costs of providing education for children with statements of special educational needs, persons attending special schools and persons under the age of 19 receiving education in hospital. In all other cases, recoupment is voluntary.
The Regulations also provide that the amount recoupable is to be agreed between authorities. Where there is no agreement in cases where recoupment is compulsory, there is provision for the amount recoupable to be determined by the Secretary of State.
Claims for recoupment are to be in writing and to be submitted within 12 months of the end of the financial year in which the relevant educational provision was made.
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