Learner Travel (Wales) Measure 2008

19Determination of ordinary residence in particular circumstancesW

This section has no associated Explanatory Notes

(1)If a person has no ordinary residence, that person is to be treated for the purposes of this Measure as being ordinarily resident at the place at which he or she is for the time being resident.

(2)Subsections (3) to (6) apply to a child or young person who is either—

(a)a registered pupil at a school, or

(b)enrolled as a full-time student at an institution in the further education sector.

(3)This subsection applies to a child or young person—

(a)whose parents are not living together, and

(b)who usually lives with more than one parent in the periods during which the child or young person receives education or training.

(4)This subsection applies to a child or young person who usually lives with a parent and also at a children's home in the periods during which the child or young person receives education or training.

(5)For the purposes of this Measure—

(a)a child or young person to whom subsection (3) applies is ordinarily resident at the places where each of his or her parents is ordinarily resident;

(b)a child or young person to whom subsection (4) applies is ordinarily resident at the children's home and the place where his or her parent is ordinarily resident.

(6)But if there are more than two such places, the child or young person is ordinarily resident at the two places nearest—

(a)the school at which the child or young person is a registered pupil, or

(b)the institution in the further education sector at which the child or young person is enrolled as a full-time student.

(7)In this section—

[F1(a)“children’s home” means premises at which—

(i)a care home service is provided wholly or mainly to children or young persons; or

(ii)a secure accommodation service is provided;

and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);]

(b)“parent” means a parent within the meaning of section 576(1) of the Education Act 1996 who is an individual.

Textual Amendments

Commencement Information

I1S. 19 in force at 6.3.2009 by S.I. 2009/371, Sch. Pt. 1