The Jobseeker’s Allowance Regulations 1996

Interpretation

130.  In this Chapter, unless the context otherwise requires—

• [F1 “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;]

• [F2 “access funds" means—

  (a)

  grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds" or grants made under section 68 of that Act [F3 for the purpose of providing funds on a discretionary basis to be paid to students];

  (b)

  grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; F4 ...

  (c)

  grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties]F5 ...;

  (d)

  [F6 discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000 [F7 or];]

  (e)

  [F7 Financial Contingency Funds made available by the National Assembly for Wales;]

• “contribution" means any contribution in respect of the income [F8 of a student or] of any other person which the Secretary of State[F9 , the Scottish Ministers] or an education authority takes into account in ascertaining the amount of the student’s grant [F10 or student loan], or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Students’ Allowances (Scotland) Regulations 1991F11 or the Education Authority (Bursaries) (Scotland) Regulations 1995F12 , the [F13 Scottish Ministers] or education authority takes into account being sums which the [F13 Scottish Ministers] or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse [F14 or civil partner] can reasonably be expected to contribute towards the holder’s expenses;

• “covenant income" means the income payable to a student under a deed of covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;

• “education authority" means a government department, a local education authority as defined in section 114(1) of the Education Act 1944F15 , a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973F16 , an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986F17 , any body which is a research council for the purposes of the Science and Technology Act 1965F18 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;

• [F19 “grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds [F20 or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies];]

• “grant income" means–

  (a)

  any income by way of a grant;

  (b)

  in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid;

  (c)

  in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which has been paid,

  and any such contribution which is paid by way of a covenant shall be treated as part of the student’s grant income;

• F21 ...

• [F22 “periods of experience” means periods of work experience which form part of a sandwich course;]

• “standard maintenance grant" means–

  (a)

  except where paragraph (b) or (c) applies, in the case of a student attending [F23 or undertaking] a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 regulations") for such a student;

  (b)

  except where paragraph (c) applies, in the case of a student residing at his parents’ home, the amount specified in paragraph 3(2) thereof;

  (c)

  [F24 in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority and paid under the Further and Higher Education (Scotland) Act 1992;]

  (d)

  in any other case, the amount specified in paragraph 2(2) of the 1995 regulations other than in sub-paragraph (a) or (b) thereof;

• F25 ...

• [F26 “student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 [F27 and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999]];

• F28 ...

Textual Amendments

F1 Words in reg. 130 inserted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(a)(2)(d)

F2 Words in reg. 130 inserted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(4)

F3 Words in reg. 130 substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(i)(2)(d)

F4 Word in reg. 130 omitted (1.8.2001) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(ii)(2)(d)

F5 Word in reg. 130 omitted (1.8.2002) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(3)(b)(i)

F6 Words in reg. 130 inserted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(ii)(2)(d)

F7 Words in reg. 130 added (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(3)(b)(i)

F8 Words in reg. 130 inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 4(1)(2)(f)

F9 Words in reg. 130 inserted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(c)(i)(2)(d)

F10 Words in reg. 130 inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(2)(a)

F11 S.I. 1991/1522.

F12 S.I. 1995/1739.

F13 Words in reg. 130 substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(c)(ii)(2)(d)

F14 Words in reg. 130 inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 26(7) (with art. 3)

F15 1944 c.31, as amended by S.I. 1974/595 and 1977/293.

F16 1973 c.65.

F17 S.I. 1986/594 (N.I. 3).

F18 1965 c.4.

F19 Words in reg. 130 substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(4)

F20 Words in reg. 130 added (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 6(2)

F21 Words in reg. 130 omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs.1(1), 6(4)(a)

F22 Words in reg. 130 substituted (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(3)(b)(ii)

F23 Words in reg. 130 inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 6(4)(b)

F24 Words in reg. 130 substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(d)(2)(d)

F25 Words in reg. 130 omitted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(5)

F26 Words in reg. 130 substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(2)(b)

F27 Words in reg. 130 added (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(e)(2)(d)

F28 Words in reg. 130 omitted (1.8.2001) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(f)(2)(d)