5.—(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 61(1)(1) (interpretation) –
(a)in the definition of “course of advanced education”(2) for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” there shall be substituted “a Scottish national qualification (higher or advanced higher)”;
(b)in the definition of “grant”(3) after “a payment from access funds” there shall be added “or any payment to which paragraph 11 of Schedule 9 or paragraph 56 of Schedule 10 applies”.
(3) For paragraph 11 of Schedule 9(4) (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph –
“11.—(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 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).”.
(4) For paragraph 56 of Schedule 10(5) (capital to be disregarded) there shall be substituted the following paragraph –
“56.—(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 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).”.
Regulation 61(1) was renumbered by regulation 3(3) of S.R. 2000 No. 241
Definition of “course of advanced education” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405
Definition of “grant” was substituted by regulation 2(2)(b) of S.R. 2000 No. 242
Paragraph 11 was substituted by regulation 2(1) and (2)(b) of S.R. 2000 No. 2
Paragraph 56 was added by regulation 2(3) and (4)(b) of S.R. 2000 No. 2