The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001

Other consequential amendments relating to students

3.—(1) In each of the provisions specified in paragraph (2) below—

(a) the definition of “the FEFC” shall be omitted;

(b) in the definition of “full-time course of study”—

(i) in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales(1)”;

(ii) for paragraph (b) there shall be substituted the following paragraph—

“(b) a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or

(ii) in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or”.

(2) The provisions specified for the purposes of paragraph (1) above(2) are—

(a) regulation 38(1) of the Council Tax Benefit Regulations;

(b) regulation 46(1) of the Housing Benefit Regulations;

(c) regulation 61(1) of the Income Support Regulations.

(3) In the definition of “full-time course of advanced education” in regulation 61(1) of the Income Support Regulations—

(a) in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales”;

(b) for paragraph (b) there shall be substituted the following paragraph—

“(b) a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or

(ii) in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or”.

(1)

The Council was established by section 30 of the Learning and Skills Act 2000 (c. 21).

(2)

The relevant amending instruments in relation to these provisions are S.I. 1996/1944 and 2000/1981.