PART 2ENTITLEMENT

Receiving education

Meaning of “receiving education”12

F11

This regulation applies for the basic condition in section 4(1)(d) of the Act (not receiving education).

1A

A qualifying young person is to be treated as receiving education, unless the person is participating in a traineeship.

1B

In paragraph (1A) “traineeship means a course which—

a

is funded (in whole or in part) by, or under arrangements made by, the—

i

Secretary of State under section 14 of the Education Act 2002, or

ii

Chief Executive of Skills Funding;

b

lasts no more than 6 months;

c

includes training to help prepare the participant for work and a work experience placement; and

d

is open to persons who on the first day of the course have reached the age of 16 but not 25;

2

F2Except in circumstances where paragraph (1A) applies “receiving education” means—

a

undertaking a full-time course of advanced education; or

b

undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for the person's maintenance.

3

In paragraph (2)(a) “course of advanced education” means—

a

a course of study leading to—

i

a postgraduate degree or comparable qualification,

ii

a first degree or comparable qualification,

iii

a diploma of higher education,

iv

a higher national diploma; or

b

any other course of study which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), or above a Scottish national qualification (higher or advanced higher).

4

A claimant who is not a qualifying young person and is not undertaking a course described in paragraph (2) is nevertheless to be treated as receiving education if the claimant is undertaking a course of study or training that is not compatible with any work-related requirement imposed on the claimant by the Secretary of State.