The Social Security (Students and Income-related Benefits) Amendment Regulations 2004

Amendment of the Income Support Regulations

5.—(1) In regulation 61(1) of the Income Support Regulations M1 (students – interpretation)—

(a) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “ a Scottish national qualification (higher or advanced higher) ”;

(b) in the definition of “grant” after “a payment from access funds” add “ or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies ”.

(2) For paragraph 11 of Schedule 9 to the Income Support Regulations M2 (sums to be disregarded in the calculation of income other than earnings) substitute—

“11.— (1) Any payment—

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

(iii) directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act.

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.

(3) For paragraph 63 of Schedule 10 to the Income Support Regulations M3 (capital to be disregarded) substitute—

“63.— (1) Any payment—

(a) by way of an education maintenance allowance made pursuant to—

(i) regulations made under section 518 of the Education Act 1996;

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

(iii) directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or

(b) corresponding to such an education maintenance allowance, made pursuant to—

(i) section 14 or section 181 of the Education Act 2002; or

(ii) regulations made under section 181 of that Act.

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

(a) regulations made under section 518 of the Education Act 1996;

(b) regulations made under section 49 of the Education (Scotland) Act 1980; or

(c) directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.

Marginal Citations

M1 The relevant amending instruments are S.I. 1996/1944 and 2000/1922.

M2 Paragraph 11 was substituted by S.I. 2000/55.

M3 Paragraph 63 was inserted by S.I. 2001/859.