2003 No. 860 (W.107)

EDUCATION, WALES

The Education (Remission of Charges Relating to Residential Trips) (Wales) Regulations 2003

Made

Coming into force

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on the Secretary of State by section 457(4)(b)(iii) and 569 of the Education Act 19961 and now vested in the National Assembly for Wales2.

Name, commencement and application1

1

These Regulations are to be called the Education (Remission of Charges Relating to Residential Trips) (Wales) Regulations 2003 and shall come into force on 6th April 2003.

2

These Regulations apply in relation to Wales.

Interpretation2

In these Regulations:

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 1996;

  • “annual income” (“incwm blynyddol”) means the income for the tax year calculated in accordance with the Tax Credits (Definition and Calculation of Income) Regulations 20023;

  • “Child Tax Credit” (“Credyd Treth i Blant”) and “Working Tax Credit” (“Credyd Treth i Bobl sy'n Gweithio”) have the same meaning as in the Tax Credits Act 20024;

Prescribed Benefits or Allowances3

Support provided to the parent under Part 6 of the Immigration and Asylum Act5 is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act.

Prescribed Tax Credits4

Child Tax Credit is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act in the following circumstances:

a

where the parent is entitled to Child Tax Credit but not to Working Tax Credit, and

b

where the parent is receiving Child Tax Credit by virtue of an award based on annual income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 as the income threshold for Child Tax Credit6.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19987.

D. Elis-ThomasThe Presiding Officer of the National Assembly

(This note is not part of the Regulations)

Section 457 of the Education Act 1996 requires schools to have in place a policy for the complete remission of any charges otherwise payable in respect of board and lodging provided for certain pupils on residential trips. The remissions policy must apply to a pupil whose parent is in receipt of certain benefits or allowances, or whose parent is entitled to certain tax credits, prescribed for the purposes of the section.

These Regulations prescribe for the purposes of section 457 support provided under Part 6 of the Immigration and Asylum Act 1999. They also prescribe Child Tax Credit, provided that the parent is not in receipt of Working Tax Credit, and that the award of Child Tax Credit is based on an annual income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 (currently £13,230).