The Social Security (Students and Income-related Benefits) Amendment Regulations 2004

Amendment of the Jobseeker’s Allowance Regulations

6.—(1) In regulation 1(3) of the Jobseeker’s Allowance Regulations(1) (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(2) (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(3) (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(4) (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).”.

(1)

To which there are amendments not relevant to these Regulations.

(2)

The relevant amending instruments are S.I. 1998/563, 1999/1935, 2000/1922 and 2001/2319.

(3)

Paragraph 12 was substituted by S.I. 2000/55.

(4)

Paragraph 52 was inserted by S.I. 2000/55.