The Social Security Amendment (Students) Regulations 2000

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 1996 M1 shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1—

(a) in paragraph (3) (interpretation)—

(i) for the definition of “course of study" there shall be substituted the following definition—

““course of study" means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;”;

(ii) in the definition of “full-time course of advanced education"M2 —

(aa) the words “taken by a person who is" shall be omitted;

(bb) in paragraph (a), the word “attending" shall be omitted;

(cc) in both paragraphs (b) and (c), the word “undertaking" shall be omitted;

(b) after paragraph (3) there shall be added the following paragraphs—

“(3A) For the purposes of the definition of “full-time student" in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a) subject to paragraph (3B), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study, for a period beginning on the day on which that part of the course starts and ending—

(i) on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii) on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b) in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3B) For the purpose of sub-paragraph (a) of paragraph (3A), the period referred to in that sub-paragraph shall include—

(a) where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b) any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(3C) In paragraph (3A), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(3D) A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i) engaged in caring for another person; or

(ii) ill;

(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c) he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E) The period specified for the purposes of paragraph (3D) is the period beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a) the day on which he resumes attending or undertaking the course; or

(b) the first day of the following academic year,

whichever shall first occur.”.

(3) In regulation 4 (interpretation of Parts II, IV and V), for the definition of “period of study" there shall be substituted the following definition—

““period of study" means—

(a) the period during which the student is regarded as attending or undertaking the course of study; and

(b) any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;”.

(4) In regulation 130 (interpretation of Chapter IX of Part VIII—full-time students)—

(a) the definition of “last day of the course" shall be omitted;

(b) in the definition of “standard maintenance grant", in paragraph (a), after the word “attending" there shall be inserted the words “ or undertaking ”.

Marginal Citations

M1 S.I. 1996/207.

M2 The definition of “full-time course of advanced education" was amended by S.I. 1996/1516.