Amendment of the Jobseeker’s Allowance Regulations6

1

In regulation 1(3) of the Jobseeker’s Allowance Regulations M1 (interpretation) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “ a Scottish national qualification (higher or advanced higher) ”.

2

In regulation 130 of the Jobseeker’s Allowance Regulations M2 (students – interpretation) in the definition of “grant” after “a payment from access funds” add “ or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies ”.

3

For paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations M3 (sums to be disregarded in the calculation of income other than earnings) substitute—

12

1

Any payment—

a

by way of an education maintenance allowance made pursuant to—

i

regulations made under section 518 of the Education Act 1996;

ii

regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

iii

directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or

b

corresponding to such an education maintenance allowance, made pursuant to—

i

section 14 or section 181 of the Education Act 2002; or

ii

regulations made under section 181 of that Act.

2

Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

a

regulations made under section 518 of the Education Act 1996;

b

regulations made under section 49 of the Education (Scotland) Act 1980; or

c

directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).

4

For paragraph 52 of Schedule 8 to the Jobseeker’s Allowance Regulations M4 (capital to be disregarded) substitute—

52

1

Any payment—

a

by way of an education maintenance allowance made pursuant to—

i

regulations made under section 518 of the Education Act 1996;

ii

regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;

iii

directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or

b

corresponding to such an education maintenance allowance, made pursuant to—

i

section 14 or section 181 of the Education Act 2002; or

ii

regulations made under section 181 of that Act.

2

Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

a

regulations made under section 518 of the Education Act 1996;

b

regulations made under section 49 of the Education (Scotland) Act 1980; or

c

directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).