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The compulsory nature of education at any level is not one of the eligibility requirements for the education grant. The determining factor is the binding nature of the start of formal primary education. Paragraph 4.2(d) provides for an exception only if an earlier start of formal primary education is required by law. In other words, it creates an exception to the five-year age-based definition of “primary level” set forth in para 4.2(c). The legal minimum level of education for education grant eligibility purposes remains the primary level.
Furthermore, the Hungarian Act on National Education does not render pre-school activities part of the primary level of education. The Applicant cannot, therefore, base his claim on the exception in para 4.2(d) since his son attended pre school and did not, in fact, have an earlier start to formal primary education by law.