2000 No. 342

EDUCATION

The Education and Training (Scotland) Amendment Regulations 2000

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred on them by sections 1 and 3(2) of the Education and Training (Scotland) Act 20001 and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Education and Training (Scotland) Amendment Regulations 2000 and shall come into force on 6th November 2000.

2

In these Regulations, “the principal Regulations” means the Education and Training (Scotland) Regulations 20002.

Amendment of the principal Regulations2

1

The principal Regulations shall be amended in accordance with the following paragraphs.

2

In regulation 1(2)–

a

there shall be deleted the word “and” where it appears after the definition of “learning account holder”; and

b

there shall be added at the end–

  • ; and

  • “the 1992 Act” means the Social Security Contributions and Benefits Act 19923.

3

For regulation 7(3) there shall be substituted the following:–

3

In addition to the grants specified in paragraph (1), the Scottish Ministers may pay to learning account holders–

a

who meet the conditions specified in paragraphs (3A) and (3C) an additional grant in respect of any travel and subsistence costs; and

b

who meet the conditions specified in paragraphs (3B) and (3C) an additional grant in respect of any childcare costs,

incurred by the learning account holder as a result of his undertaking the relevant education or training.

4

After regulation 7(3), there shall be inserted the following:–

3A

The condition specified in this paragraph is that–

a

the learning account holder is in receipt of one of the following:–

i

a jobseeker’s allowance payable under Part I of the Jobseekers Act 19954;

ii

income support payable under section 124 of the 1992 Act5;

iii

housing benefit payable under section 130 of the 1992 Act6;

iv

council tax benefit payable under section 131 of the 1992 Act7;

v

invalid care allowance payable under section 70 of the 1992 Act8;

vi

disability living allowance payable under section 71 of the 1992 Act9;

vii

working family tax credit payable under section 128 of the 1992 Act10; or

b

the learning account holder’s spouse is in receipt of the said working family tax credit.

3B

The condition specified in this paragraph is that the learning account holder is a parent who is not a member of a married or unmarried couple and is in receipt of one of the following:–

a

the family premium of income support payable under regulation 17(1)(c) of the Income Support (General) Regulations 198711;

b

the family premium of jobseeker’s allowance payable under regulation 83(d) of the Jobseeker’s Allowance Regulations 199612; or

c

working family tax credit payable under section 128 of the 1992 Act.

3C

The condition specified in this paragraph is that the individual learning account holder resides within–

a

the Borders local government area; or

b

one of the following electoral wards of Highland Council13:–

i

Mallaig and Small Isles;

ii

Kilmallie and Invergarry;

iii

Claggan and Glen Spean;

iv

Ardnamurchan and Morvern;

v

Caol;

vi

Fort William North;

vii

Fort William South; or

viii

Glencoe.

5

For regulation 7(4) there shall be substituted the following:–

4

The amount of any such additional grant as is specified in paragraph (3) and the manner and timing of payment shall be determined by the Scottish Ministers, and different amounts may be determined by the Scottish Ministers for different categories of learning account holder.

NICOL STEPHENAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations replace regulations 7(3) and (4), and make consequential changes to regulation 1(2), of, and insert new regulations 7(3A) (3C) into, the Education and Training (Scotland) Regulations 2000 (S.S.I. 2000/292) (“the principal Regulations”).

At present, regulation 7(3) of the principal Regulations provides that grants may be paid in respect of travel, accommodation or other costs incurred by a learning account holder as a result of his undertaking relevant education or training, subject to conditions of eligibility determined by the Scottish Ministers.

These Regulations replace the existing regulation 7(3) with a provision which provides that the Scottish Ministers may pay grants to learning account holders:

a

in respect of any travel and subsistence costs incurred as a result of undertaking relevant education or training, provided that they meet the conditions specified in the new regulations 7(3A) and (3C) (inserted by regulation 2(4)). The conditions specified in those regulations are that the learning account holder is in receipt of certain social security benefits (or, in the case of working families tax credit, whose spouse is in receipt of that benefit) and that he resides in either the Borders local government area or certain electoral wards of Highland Council (compromising the district of Lochaber); and

b

in respect of childcare costs incurred as a result of their undertaking relevant education or training, provided that they meet the conditions specified in the new regulations 7(3B) and (3C). The conditions specified in those regulations are that the learning account holder is a lone parent in receipt of certain social security benefits payable to families with children and the residence condition referred to in the preceding paragraph.

The residence condition for each of these grants is imposed because payment of these grants is being undertaken as a pilot scheme, and these areas have been chosen for the purposes of that scheme. It is intended that the operation of this pilot scheme will be reviewed within a year.

Regulation 2(5) substitutes a new regulation 7(4) into the principal Regulations which provides that the amount and manner of timing of payment of the grants referred to above shall be determined by the Scottish Ministers, and that different amounts may be determined for different categories of learning account holder. This provision differs from regulation 7(4) as originally enacted in that it omits the reference in the latter to the Scottish Ministers determining the conditions of eligibility for these grants. These conditions are now specified in regulations 7(3A) 3(C).