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The Social Security Amendment (Students and Income-related Benefits) Regulations 2000

Type Statutory-Instrument
Publication 2000-07-18
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
articles Not indexed
Reform history JSON API PDF

Made: 18th July 2000

Laid before Parliament: 19th July 2000

Coming into force: 1st August 2000

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 123(1), 130(2) and (4), 136(3), (4) and (5), 137(1) and 175(1) to (5) of the Social Security Contributions and Benefits Act 1992 and sections 12, 35(1) and 36 of the Jobseekers Act 1995 and of all other powers enabling him in that behalf, after consultation in so far as the Regulations relate to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security Amendment (Students and Income-related Benefits) Regulations 2000 and shall come into force—

Amendment of the Income Support (General) Regulations 1987

2

“access funds" means— (a) grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds" or grants made under section 68 of that Act and described as “access bursary funds" or “hardship funds"; (b) grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 ; or (c) grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 , or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial diffficulties;

“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;

“sandwich course" has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000 , regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000 , as the case may be;

(i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or

(3B) Any amount intended for the maintenance of dependants under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.

(1) A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded. (1A) For the purposes of paragraph (1), “hardship loan" means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.

(2) In calculating the weekly amount of the loan to be taken into account as income— (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with— (i) the start of the single academic year; or (ii) where the course is of less than an academic year’s duration, the first day of the course, and ending with the last day of the course; (b) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of— (i) the first day of the first benefit week in September; or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week before the last day of the course; (c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of— (i) the first day of the first benefit week in September; or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week in June, and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

and

(66B) (1) This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies. (2) A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income. (3) Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week. (4) Where a payment from access funds is made— (a) on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or (b) before the first day of the course to a person in anticipation of that person becoming a student, that payment shall be disregarded as income.

(2) An amount paid from access funds as a single lump sum shall be treated as capital. (3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of any other member of his family, or which is used for an item other than any council tax or water charges for which that claimant or member is liable shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

A person who is a full-time student in respect of whom— (a) a supplementary requirement has been determined under paragraph 9 of Part II of Schedule 2 to the Education (Mandatory Awards) Regulations 1999; (b) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 1999 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995 , in respect of expenses incurred; (c) a payment has been made under section 2 of the Education Act 1962 ; (d) a grant has been made under regulation 13 of the Education (Student Support) Regulations 2000, or under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000; or (e) a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 , on account of his disability by reason of deafness.

Amendment of the Jobseeker’s Allowance Regulations 1996

3

(i) the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or

and

“ sandwich course has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000 or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, as the case may be; ”.

“access funds" means— (a) grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds" or grants made under section 68 of that Act and described as “access bursary funds" or “hardship funds"; (b) grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; or (c) grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;

“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;

(5A) Any amount intended for the maintenance of dependants under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.

(1) A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded. (1A) For the purposes of paragraph (1), “hardship loan" means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.

(2) In calculating the weekly amount of the loan to be taken into account as income— (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with— (i) the start of the single academic year; or (ii) where the course is of less than an academic year’s duration, the first day of the course, and ending with the last day of the course; (b) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with the earlier of— (i) the first day of the first benefit week in September; or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week before the last day of the course; (c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of— (i) the first day of the first benefit week in September; or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week in June, and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

and

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