The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008

Amendment of the Jobseeker’s Allowance Regulations 1996

3.—(1) The Jobseeker’s Allowance Regulations 1996(1) are amended as follows.

(2) The existing provisions of regulation 15(2) (circumstances in which a person is not to be regarded as available for employment) become paragraph (1) of that regulation.

(3) For the provision that becomes regulation 15(1)(a) substitute—

“(a) subject to paragraph (2), if he is full-time student during the period of study;”.

(4) After the provisions that become regulation 15(1) add—

“(2) Notwithstanding paragraph (1)(a), a full-time student shall be regarded as available for employment during the period of the summer vacation appropriate to his course, but only if the first and second conditions are satisfied.

(3) The first condition is satisfied if—

(a) in the case of a student with a partner, the partner is also a full-time student and either of them is treated as responsible for a child or a young person; or

(b) in any other case, the student is treated as responsible for a child or young person.

(4) The second condition is satisfied if the student is—

(a) available for employment in accordance with this Chapter; or

(b) treated as available for employment in accordance with regulation 14(1)(a) or (k).”

(5) In regulations 14(1) (circumstances in which a person is to be treated as available)(3) and 17A(1) (further circumstances in which a person is to be treated as available: full-time students participating in a qualifying course)(4), and in paragraph 13(8)(b) of Schedule 2 (housing costs), for “15(a)” in each place, substitute “15(1)(a)”.

(1)

S.I. 1996/207.

(2)

Regulation 15 was amended by S.I. 1997/563 and 2002/3072.

(3)

Regulation 14(1) was amended by S.I. 1996/1517, 1997/563, 1999/3087, 2000/3336, 2004/1869, 2006/1402.

(4)

Regulation 17A was inserted by S.I. 1998/1274.