regs 12 and 14 “receiving education”

I am struggling to see how regs 12 and 14 fit together in the case of one of our clients, aged 20.  He is claiming UC, has health conditions and has just been sent a UC50. No PIP.  He wants to start a 21 hour “technical certificate” course Level 2 in September.  My initial response is that this would not be “receiving education” as it is not advanced and no maintenance.  (Reg 12)  He therefore is fine so long as he can meet his Work Related requirements.  It is likely that his work coach will suspend those whilst he is providing fit notes until he has his assessment.  Assuming he is then found to have LCW he will only be required to have work-focused interviews and work preparation and it is very likely that the work preparation requirement can be met by his course, or can be accommodated around his course.  Therefore he can proceed with UC at the standard rate. If he is found to have LCWRA he will have no Work-related requirements and can be awarded UC with the LCWRA backdated to three months after his first fit note.  What worries me is regulation 14 which outlines exceptions to the definition of receiving education, and seems to imply that where someone under 21 is in non-advanced education it is ONLY if they do not have parental support that they are regarded as not “receiving education”. I could understand this for under 20s as they would (in most circumstances) be “qualifying young people”, and therefore entitled to parental support.  However he is over 20. so could never be included in a parental claim for UC.  Have I missed something crucial?

Under s.4(1)(d) WRA 2012, if you are ‘receiving education’ then you don’t qualify for UC. Reg 12 defines who is ‘receiving education’ and would therefore be excluded from UC, but reg 14 sets out exceptions to that rule - i.e. people who can get UC despite the fact that they are receiving education.

If you are right that your client does not fall within the definition of ‘receiving education’ under reg 12, then he doesn’t need to rely on any exceptions to the rule so you don’t need to look at reg 14.

Thanks, Elliot, that makes perfect sense logically.  That means reg 14 identifies the exceptions to the small group of people who are in non-advanced education but are considered to be, or treated as “receiving education” - i.e. Qualified Young People and those receiving a grant/loan for maintenance.  I panicked because the way 14 (1) (a) is worded gave the initial impression that all those in non-advanced education except the groups they identified were “receiving education” and I kept thinking I had overlooked something in reg 12.  Good to be reassured!