The Education (Inter-authority Recoupment) Regulations 1994

• Citation: S.I. 1994/3251
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Education (Inter-authority Recoupment) Regulations 1994 and shall come into force on 1st April 1995.

Section 2 Interpretation

(1) In these Regulations—

“authority” means a local education authority;

“child” has the meaning assigned to it in section 156(5) of the Education Act 1993; and

“special school” has the meaning assigned to it in section 182(1) of the Education Act 1993.

(2) In these Regulations a reference to a regulation is a reference to a regulation contained therein.

Section 3 Cases in which recoupment is required

(1) This regulation applies to the education of—

(a) a child for whom a statement of special educational needs is maintained under Part III of the Education Act 1993;

(b) a person attending a special school; and

(c) a person who has not attained the age of nineteen years who—

(i) is a patient in hospital, and

(ii) receives education in a special school established in a hospital, or education referred to in section 298(1) of the Education Act 1993 otherwise than at school.

(2) Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority shall pay to the providing authority—

(a) such amount as the authorities may agree; or

(b) failing agreement, such amount as may be determined by the Secretary of State.

Section 4 Cases in which recoupment is permitted

(1) This regulation applies to primary, secondary and further education and part-time education for those who have not attained the age of five years, but it does not apply to education to which regulation 3 applies.

(2) Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority may pay to the providing authority such amount as the authorities may agree.

Section 5 Claims for recoupment

Claims for recoupment shall—

(a) be made in writing, and specify the person in respect of whom payment is claimed and the amount claimed, and

(b) be submitted to the appropriate authority within 12 months from the end of the financial year in which the provision for education to which the claim relates was made.