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The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1996

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Application of relevant date provisions to a redetermination of the amount of maintenance grant.

35.—(1) In its application for the purposes of any redetermination under regulation 28 (adjustments) or 31(2) (late supply of budget statements) of the amount of maintenance grant payable in respect of a school for the financial year in question, regulation 27 (relevant date) shall have effect subject to the following provisions of this regulation.

(2) Where the redetermination of maintenance grant is under regulation 31(2), or under regulation 28(2) on one or more of the grounds specified in paragraph (1)(a) of that regulation, the funding authority may take into account for the purposes of the redetermination any information received by them after the relevant date which relates to any of the reasons for making the redetermination.

(3) Where the redetermination of maintenance grant under regulation 28(2) is made on the grounds, specified in paragraph (1)(b) of that regulation, that the funding authority are satisfied that their determination was made in ignorance of, or was based on a mistake as to, some material fact, they may take into account any information received by them after the relevant date which relates to that fact.

(4) Where in accordance with paragraphs (2) and (3) any additional information is taken into account by the funding authority for the purposes of redetermining grant under regulation 28(2), they may take that information into account for the purposes of making any further redetermination under that regulation.

(5) Regulation 27 (relevant date) shall not apply where a redetermination is made by the funding authority in accordance with regulation 28(5) and (6) (redetermination by reason of extraordinary circumstances).

(6) Where the redetermination of maintenance grant is in accordance with regulation 20 (redetermination of school meals), the funding authority may take into account information received by them after the relevant date which relates to the number of registered pupils at the school who bought meals at the school on the date determined by the funding authority.

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