The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016

Amendment of the Employment and Support Allowance Regulations 2008

5.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 131(1) (students: interpretation), after the definition of “periods of experience” insert—

““postgraduate master’s degree loan” means a loan which a student is eligible to receive under the Education (Postgraduate Master’s Degree Loans) Regulations 2016;”.

(3) In regulation 132(3) (calculation of grant income)—

(a) after “a student loan” insert “or a postgraduate master’s degree loan”;

(b) for “such a loan” substitute “a student loan or a postgraduate master’s degree loan”;

(4) In regulation 137 (treatment of student loans)—

(a) at the end of the heading add “and postgraduate master’s degree loans”;

(b) in paragraph (1), for “A student loan is to be treated as income unless it” substitute “A student loan and a postgraduate master’s degree loan are to be treated as income unless the loan”;

(c) in paragraph (4)—

(i) after “a student loan” in both places, insert “or a postgraduate master’s degree loan”;

(ii) in sub-paragraph (b), for “such a loan” substitute “a student loan or a postgraduate master’s degree loan”.

(d) in paragraph (4A), after “a student loan” insert “or a postgraduate master’s degree loan”;

(e) after paragraph (5) insert—

“(5A) Where a student is treated as possessing a postgraduate master’s degree loan under paragraph (4) in respect of an academic year, the amount of that loan to be taken into account as income is to be, subject to paragraph (6), a sum equal to 30 per cent. of the maximum postgraduate master’s degree loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.”;

(f) in paragraph (6), after “paragraph (5)” insert “or (5A)”.

(5) After regulation 139 insert—

“Treatment of special support loans

139A.   A special support loan within the meaning of regulation 68 of the Education (Student Support) Regulations 2011 is to be disregarded as income.”.

(6) In regulation 141 (further disregard of student’s income), for “or student loan” substitute “, student loan or postgraduate master’s degree loan”.

(1)

S.I.2008/794. Relevant amending instrument is S.I. 2010/2429.