Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX 4

Memorandum by the Department for Education and Employment

EDUCATION MAINTENANCE ALLOWANCE (PILOT AREAS) REGULATIONS 2000 (S.I. 2000/2012)

1. The Committee requested a memorandum on the following point:-

    "Regulation 8(4) provides that no weekly allowance is to be paid [(g)] in respect of any week in which the student has not done everything expected of her because of pregnancy or confinement (but without prejudice to regulation 11). Ought not the words "in accordance with the education maintenance allowance learning agreement" to have been inserted immediately after "her"."

2. Regulation 8 makes provision for the payment of weekly allowances. Regulation 8(4) in paragraph (a) provides that no weekly allowance is to be paid "in respect of any week if the institution has notified the relevant authority that in their opinion the student has without good reason failed to do everything that is expected of him in accordance with the education maintenance allowance learning agreement". Sub-paragraph (g) however simply provides that no weekly allowance is to be paid "in respect of any week in which the student has not done everything expected of her because of pregnancy or confinement...".

3. The Department agree with the Committee that had the words suggested by the Committee been included regulation 8(4)(g) would have been clearer and the Department is grateful to the Committee for pointing this out. An amendment will be made to regulation 8(4)(g) when the regulations are next amended.

4. The Department considers however that regulation 8(4)(g) would in fact be interpreted as referring to the student not having done everything expected of her in accordance with the education maintenance allowance learning agreement since under the regulations the only method of determining what is "expected" of a student is by reference to that learning agreement.

6 November 2000


 
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