5.—(1) The Income Support (General) Regulations 1987 M1 shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1) (interpretation)—
(a)for the definition of “course of study", there shall be substituted the following definition—
““course of study" means any course of study, whether or not it is a sandwich course (within the meaning prescribed in regulation 61(1)) and whether or not a grant is made for attending or undertaking it;”;
(b)after the definition of “employment" there shall be inserted the following definition—
““full-time student" has the meaning prescribed in regulation 61(1);”;
(c)for the definition of “last day of the course"M2, there shall be substituted the following definition—
““last day of the course" has the meaning prescribed in regulation 61(1);”;
(d)for the definition of “period of study"M3, there shall be substituted the following definition—
““period of study" means the period beginning with the date on which a person starts attending or undertaking a course of study and ending with the last day of the course or such earlier date (if any) as he finally abandons it or is dismissed from it;”;
(e)the definition of “student" shall be omitted.
(3) Regulation 61 M4 (interpretation of Chapter VIII of Part V—students) shall be renumbered regulation 61(1) and in that renumbered paragraph—
(a)in the definition of “full-time course of advanced education"—
(i)the words “taken by a person who is" shall be omitted;
(ii)in paragraph (a), the word “attending" shall be omitted;
(iii)in both paragraphs (b) and (c), the word “undertaking" shall be omitted;
(b)after the definition of “full-time course of study" there shall be inserted the following definition—
““full-time student" means a person, who is—
(a)aged less than 19 and is attending or undertaking a full-time course of advanced education;
(b)aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or
(c)on a sandwich course;”;
(c)in the definition of “standard maintenance grant", in paragraph (a), after the word “attending" there shall be inserted the words “ or undertaking ”;
(d)for the definition of “student" there shall be substituted the following definition—
““student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;”.
(4) After the renumbered regulation 61(1) there shall be inserted the following paragraphs—
“(2) For the purposes of the definition of “full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—
(a)subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—
(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;
(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—
(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;
(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.
(4) In paragraph (2), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.”.
(5) In the provisions specified in the Schedule to these Regulations, for the word “student" there shall be substituted the words “ full-time student ”.
Marginal Citations
M2The definition of “last day of the course" was inserted by S.I. 1991/1559.
M3The definition of “period of study" was inserted by S.I. 1990/1549.
M4The definitions of “full-time course of advanced education", “full-time course of study" and of “standard maintenance grant" were inserted by S.I. 1996/1944. The definition of “student" was amended by S.I. 1991/1559, 1992/468 and 1995/1742.