The Social Security Amendment (Students) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the following Regulations—

The Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814);

The Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887);

The Family Credit (General) Regulations 1987 (S.I. 1987/1973);

The Housing Benefit (General) Regulations 1987 (S.I. 1987/1971);

The Income Support (General) Regulations 1987 (S.I. 1987/1967);

The Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207).

Regulations 2 to 7, except so far as they relate to up-rating (see below), are consequential on recent changes made to student grants and loans. From the 1999/2000 academic year most students will be entitled to receive support for living costs from loans instead of from grants. Accordingly, regulations 2 to 7 amend the above Regulations. The amendments provide that students can have certain book and travel expenses disregarded from the income assessed in respect of those loans. To avoid double counting, book and travel expenses will only be disregarded from a student’s grant income if the student does not have an amount treated as income because of an entitlement to receive a student loan.

Where no amount of a student’s grant income is paid with the intention of meeting the costs of books and equipment, the amount to be allowed in respect of those costs is increased from £295 to £303.

The amount to be allowed in respect of a student’s travel costs has been changed to a flat amount of £250 to reflect changes introduced in respect of England and Wales by the Education (Student Support) Regulations 1999 (S.I. 1999/496).

An amount will be allowed for the above costs whether or not the costs are actually incurred by a student.

The Regulations provide that a student’s loan income shall include loans actually made, those that would be made if applied for and any contributions that have been taken into account in making a student loan.

Regulations 6(2) and 7(2), in respect of family credit and disability working allowance, amend the definition of ''contribution’’ to mirror the definition that applies in the other benefits covered by these Regulations. These amendments allow contributions to be claimed in respect of Scottish students’ allowances and bursaries.

Regulation 5(3), in respect of Housing Benefit only, increases the amount of the deduction to be made in calculating a student’s eligible rent.

These Regulations do not impose a charge on business.