The Social Security Amendment (Students) Regulations 2000

Statutory Instruments

2000 No. 1981

SOCIAL SECURITY

The Social Security Amendment (Students) Regulations 2000

Made

24th July 2000

Coming into force

31st July 2000

Whereas a draft of this instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995M1 and approved by resolution of each House of Parliament.

Now therefore, the Secretary of State for Education and Employment in relation to regulation 6 of these Regulations and the Secretary of State for Social Security, in relation to the remainder of these Regulations, in exercise of the powers conferred by sections 123(1)(a), (d) and (e), 124(1)(e), 131(3)(b), 135(1), 136(3), (4) and (5)(b), 137(1) and (2)(i) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992M2 and sections 4(5), 6(2) and (4), 7(4), 12(1) and (4)(b), 21, 35(1) and 36(1), (2) and (4) of, and paragraph 14 of Schedule 1 to, the Jobseekers Act 1995M3 , and of all other powers enabling each of them in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concernedM4 and after reference to the Social Security Advisory CommitteeM5 , hereby make the following Regulations:

Marginal Citations

M1 1995 c. 18.

M2 1992 c. 4; sections 123(1)(e), 131 and 137 were amended to have effect with respect to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraphs 1, 4 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

M3 Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed" and “regulations".

M4 See section 176(1) of the Social Security Administration Act 1992 (c. 5).

M5 See section 172(1) of the Social Security Administration Act 1992 (c. 5). Paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments" in respect of which regulations must normally be referred to the Committee.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Amendment (Students) Regulations 2000 and shall come into force on 31st July 2000.

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 1(2) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of the Council Tax Benefit Regulations

F2 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of the Housing Benefit Regulations

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 2 3 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Common amendments to the Council Tax Benefit Regulations and to the Housing Benefit Regulations

F3 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 4 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Amendment of the Income Support (General) Regulations 1987

5.—(1) The Income Support (General) Regulations 1987 M6 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"M7 , 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"M8 , 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 M9 (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

M6 S.I. 1987/1967.

M7 The definition of “last day of the course" was inserted by S.I. 1991/1559.

M8 The definition of “period of study" was inserted by S.I. 1990/1549.

M9 The 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.

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 1996 M10 shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1—

(a) in paragraph (3) (interpretation)—

(i) 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 and whether or not a grant is made for attending or undertaking it;”;

(ii) in the definition of “full-time course of advanced education"M11 —

(aa) the words “taken by a person who is" shall be omitted;

(bb) in paragraph (a), the word “attending" shall be omitted;

(cc) in both paragraphs (b) and (c), the word “undertaking" shall be omitted;

(b) after paragraph (3) there shall be added the following paragraphs—

“(3A) For the purposes of the definition of “full-time student" in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a) subject to paragraph (3B), 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 a 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.

(3B) For the purpose of sub-paragraph (a) of paragraph (3A), 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.

(3C) In paragraph (3A), “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.

(3D) A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i) engaged in caring for another person; or

(ii) ill;

(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c) he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E) The period specified for the purposes of paragraph (3D) is the period beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a) the day on which he resumes attending or undertaking the course; or

(b) the first day of the following academic year,

whichever shall first occur.”.

(3) In regulation 4 (interpretation of Parts II, IV and V), for the definition of “period of study" there shall be substituted the following definition—

““period of study" means—

(a) the period during which the student is regarded as attending or undertaking the course of study; and

(b) any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;”.

(4) In regulation 130 (interpretation of Chapter IX of Part VIII—full-time students)—

(a) the definition of “last day of the course" shall be omitted;

(b) in the definition of “standard maintenance grant", in paragraph (a), after the word “attending" there shall be inserted the words “ or undertaking ”.

Marginal Citations

M10 S.I. 1996/207.

M11 The definition of “full-time course of advanced education" was amended by S.I. 1996/1516.

Signed in relation to regulation 6 by authority of the Secretary of State for Education and Employment.

Tessa Jowell

Minister of State,

Department for Education and Employment

Signed in relation to the remainder of these Regulations by authority of the Secretary of State for Social Security.

Angela Eagle

Parliamentary Under-Secretary of State,

Department of Social Security

Regulation 5(5)

SCHEDULE PROVISIONS IN THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 IN WHICH REFERENCES TO “STUDENT" ARE TO BE SUBSTITUTED WITH REFERENCES TO “FULL-TIME STUDENT"

Regulation 4ZA(2) and (3) M12 (prescribed categories of person)

Marginal Citations

M12 Regulation 4ZA was inserted by S.I. 1996/206.

Regulation 26 (calculation of income and capital of students)

Regulation 29(2B) M13 (calculation of earnings derived from employed earner’s employment and income other than earnings)

Marginal Citations

M13 Regulation 29(2B) was inserted by S.I. 1997/65.

Regulation 32(6A) M14 (calculation of weekly amount of income)

Marginal Citations

M14 Regulation 32(6A) was inserted by S.I. 1997/65.

Regulation 40(3A) M15 (calculation of income other than earnings) except in the titles of the legislation referred to in that paragraph

Marginal Citations

M15 Regulation 40(3A) was inserted by S.I. 1990/1549 and amended by S.I. 1991/236 and 1997/2197.

Title to Chapter VIII of Part V

Schedule 1B M16 (prescribed categories of person)—

• paragraph 10 (disabled students)

• paragraph 11

• paragraph 12 (deaf students)

Marginal Citations

M16 Schedule 1B was inserted by S.I. 1996/206.

Schedule 3 M17 (housing costs)—

• paragraph 3(3), (6)(b) and (11)(c)(viii)

• paragraph 14(5B)(b)

Marginal Citations

M17 Schedule 3 was substituted by S.I. 1995/1613; paragraph 14(5B) was inserted by S.I. 1995/2927 and was amended by S.I. 1996/206.

Schedule 9 M18 (sums to be disregarded in the calculation of income other than earnings)—

• paragraph 39(4)(b)(ii) and (5)(b)(ii)

• paragraph 61(1)

• paragraph 65(2)

Marginal Citations

M18 Paragraph 39 of Schedule 9 was substituted by S.I. 1991/1175. Paragraph 61 was inserted by S.I. 1997/65. Paragraph 65 was inserted by S.I. 1998/2117.

Schedule 10 M19 (capital to be disregarded)—

paragraph 22(4)(b)(ii) and (5)(b)(ii)

Marginal Citations

M19 Paragraph 22 of Schedule 10 was substituted by S.I. 1991/1175.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, they make various amendments to the rules on the treatment of students in relation to those benefits by providing new or amended definitions of “course of study" (regulations 2(2)(a), 3(2)(a), 5(2)(a) and 6(2)(a)(i)), “full-time course of advanced education" (regulations 5(3)(a) and 6(2)(a)(ii)), “full-time student" (regulation 5(2)(b)), “period of study" (regulations 5(2)(d) and 6(3)), “standard maintenance grant" (regulations 2(2)(b), 3(2)(b), 5(3)(c) and 6(4)(b)) and “student" (regulations 2(2)(c), 3(2)(c) and 5(3)(d)).

They prescribe the period when full-time students are to be treated as attending or undertaking a full-time course of study by reference to modular courses (which are defined) and non-modular courses (regulations 4, 5(4) and 6(2)(b)). They also prescribe that full-time students, for the purposes of council tax benefit, housing benefit or jobseeker’s allowance, are not, in certain circumstances, to be regarded as attending or undertaking a course in the period after ceasing caring responsibilities or after recovering from an illness until they return to their course (regulations 2(3), 3(3) and 6(2)(b)).

Regulations 5(2)(c) and (e) and (5) and 6(4)(a) and the Schedule make consequential amendments.

The Report of the Social Security Advisory Committee dated 8th May 1998 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 4739 published by The Stationery Office Limited.

These Regulations do not impose any charge on business.