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9.—(1) Except as provided in paragraph (6) or where paragraph (2) or (3) applies, and subject to paragraph (4), an allowance (“a termly bonus”) may be paid in respect of any term period where the institution has notified the relevant authority that in its opinion the student has attended the institution for the appropriate percentage of the hours for which he is expected to attend in accordance with the education maintenance allowance learning agreement and has otherwise done everything else that is expected of him under the learning agreement or had good reason for failing to do so.
(2) Except as provided in paragraph (6) where a student has attended more than one institution a termly bonus may, subject to paragraph (4), be paid in respect of any term period where—
(a)the local education authority determine (in the light of notifications from the institutions giving their opinion as to the numbers of hours for which the student has attended the institution and the number of hours for which he is expected to attend the institution in accordance with the education maintenance allowance learning agreement) that the student has attended the institutions taken together for the appropriate percentage of the aggregate of the hours which he is expected to attend in accordance with the learning agreements; and
(b)each institution has notified the relevant authority that the pupil has otherwise done everything else that is expected of him under the learning agreement.
(3) Where a student is educated otherwise than at a relevant educational establishment a termly bonus may, subject to paragraph (4), be paid in respect of any term period where the local education authority are of the opinion that the student has done everything that is expected of him under the learning agreement.
(4) No termly bonus shall be paid—
(a)if a weekly allowance cannot be paid in respect of any week in that term by reason of regulation 8(4)(d); or
(b)in respect of any term which starts after the end of the period of eligibility.
(5) In this regulation—
(a)“the appropriate percentage” is—
(i)where the relevant authority is Suffolk, East Lancashire or Sunderland, 90%, and
(ii)in any other case, 95%; and
(b)“term period” means—
(i)where the relevant authority is Suffolk, East Lancashire, or Sunderland, such part of the institution’s term as may be determined by the authority provided that there shall be two term periods in each term of the institution, and
(ii)in any other case, the institution’s term.
(6) No termly bonus may be paid where the relevant authority is North East Lincolnshire or Worcestershire.
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