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2004 No. 1708

SOCIAL SECURITY

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

  Made 3rd July 2004 
  Laid before Parliament 9th July 2004 
  Coming into force in accordance with regulation 1

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

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security (Students and Income-related Benefits) Amendment Regulations 2004 and shall come into force - 

    (2) In these Regulations - 

Amendments in relation to the disregard of travel costs and the cost of books and equipment
     2.  - (1) In sub-paragraph (a) of each of the provisions specified in paragraph (3) for "£270" substitute "£275".

    (2) In sub-paragraph (b) of each of the provisions specified in paragraph (3) for "£335" substitute "£343".

    (3) The provisions[9] specified for the purposes of paragraphs (1) and (2) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are - 

Amendments in relation to the disregard of child care costs of a child dependant
     3.  - (1) After sub-paragraph (h) of each of the provisions specified in paragraph (2) add - 

    (2) The provisions[10] specified in this paragraph for the purposes of paragraph (1) are - 

    (3) In regulation 62(2) of the Income Support Regulations[11] - 

    (4) In regulation 131(2) of the Jobseeker's Allowance Regulations[12] - 

    (5) Omit sub-paragraphs (c), (cc) and (d) of each of the provisions specified in paragraph (6).

    (6) The provisions[13] specified in this paragraph for the purposes of paragraph (5) are - 

Amendment of the Council Tax Benefit Regulations and the Housing Benefit Regulations in relation to income and capital disregards
     4.  - (1) In each of the provisions specified in paragraph (2) in the definition of "grant" after "a payment from access funds" add "or any payment to which paragraph 10 of Schedule 4 or paragraph 60 of Schedule 5 applies".

    (2) The provisions[14] specified in this paragraph for the purposes of paragraph (1) (which relate to interpretation) are - 

    (3) For paragraph 10 of - 

substitute - 

    (4) For paragraph 60 of - 

substitute - 

Amendment of the Income Support Regulations
     5.  - (1) In regulation 61(1) of the Income Support Regulations[23] (students - interpretation) - 

    (2) For paragraph 11 of Schedule 9 to the Income Support Regulations[24] (sums to be disregarded in the calculation of income other than earnings) substitute - 

    (3) For paragraph 63 of Schedule 10 to the Income Support Regulations[25] (capital to be disregarded) substitute - 

Amendment of the Jobseeker's Allowance Regulations
     6.  - (1) In regulation 1(3) of the Jobseeker's Allowance Regulations[26] (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[27] (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[28] (sums to be disregarded in the calculation of income other than earnings) substitute - 

    (4) For paragraph 52 of Schedule 8 to the Jobseeker's Allowance Regulations[29] (capital to be disregarded) substitute - 

Amendment of the Housing Benefit Regulations in relation to payment of housing benefit to students
     7. In regulation 50 of the Housing Benefit Regulations[30] (eligible housing costs) - 



Signed by authority of the Secretary of State for Work and Pensions.


Chris Pond
Parliamentary Under-Secretary of State, Department for Work and Pensions

3rd July 2004


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations further amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Income Support (General) Regulations 1987 (S.I. 1987/1967) and the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) ("the income-related benefits Regulations") in so far as they relate to students and sums to be disregarded in the calculation of their entitlement to benefit under the income-related benefits Regulations.

Regulation 1 comes into force on 1st August 2004. In respect of a person whose period of study begins on or after 1st August 2004 but before 1st September 2004 regulations 2 to 7 come into force on the day the period of study begins. In all other cases regulations 2 to 7 come into force on 1st September 2004.

The income-related benefits Regulations are amended to increase the amounts of grant and loan income to be disregarded in respect of travel costs and the cost of books and equipment (regulation 2).

Regulation 3 amends the income-related benefits Regulations to disregard payments made to any student as part of his grant income in respect of child care costs of a child dependant.

Regulations 4 to 6 amend the income-related benefits Regulations to disregard from the calculation of income or capital certain payments made under certain legislation to a person taking part in secondary or further education.

The definitions of "course of advanced education" in the Income Support (General) Regulations 1987 and the Jobseeker's Allowance Regulations 1996 are amended in order to update the references there to certain Scottish educational qualifications (regulations 5 and 6).

Regulation 7 amends regulation 50 of the Housing Benefit (General) Regulations 1987 to enable certain students to be eligible for housing benefit in respect of accommodation which they rent from their educational establishment.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Notes:

 [1] 1992 c. 4. Section 123(1)(e) was substituted by paragraph 1(1) of Schedule 9 to the Local Government Finance Act 1992 (c. 14). Section 137(1) is an interpretation provision and is cited because of the meaning there given to the word "prescribed". Section 175(4) was amended by section 2 of, and paragraph 29 of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).back

[2] 1995 c. 18. Section 35(1) is an interpretation provision and is cited because of the meaning there given to the words "prescribed" and "regulations". Sections 35(1) and 36(4) were amended by section 2 of, and paragraphs 62 and 63 respectively of Schedule 3 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999.back

[3] See section 176(1) of the Social Security Administration Act 1992 (c. 5) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.back

[4] See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992; 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.back

[5] S.I. 1992/1814.back

[6] S.I. 1987/1971.back

[7] S.I. 1987/1967.back

[8] S.I. 1996/207.back

[9] The relevant amending instruments are S.I. 1990/1549, 1999/1935, 2000/1922, 2001/2319, 2002/1589, 2003/1701 and 1914.back

[10] The relevant amending instruments are S.I. 1996/1944 and 1999/1935.back

[11] The relevant amending instruments are S.I. 1996/1944, 1999/1935 and 2003/455.back

[12] The relevant amending instruments are S.I. 1996/1516, 1999/1935 and 2003/455.back

[13] The relevant amending instruments are S.I. 2001/2319, 2002/1589 and 2003/455 and 1701.back

[14] The relevant amending instruments are S.I. 1996/1944, 1998/563, 1999/1935, 2000/1922 and 2001/2319.back

[15] Paragraph 10 was substituted by S.I. 2000/55.back

[16] Paragraph 10 was substituted by S.I. 2000/55.back

[17] 1996 c. 56.back

[18] 1980 c. 44.back

[19] 1992 c. 37.back

[20] 2002 c. 32.back

[21] Paragraph 60 was inserted by S.I. 2000/55.back

[22] Paragraph 60 was inserted by S.I. 2000/55.back

[23] The relevant amending instruments are S.I. 1996/1944 and 2000/1922.back

[24] Paragraph 11 was substituted by S.I. 2000/55.back

[25] Paragraph 63 was inserted by S.I. 2001/859.back

[26] To which there are amendments not relevant to these Regulations.back

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

[28] Paragraph 12 was substituted by S.I. 2000/55.back

[29] Paragraph 52 was inserted by S.I. 2000/55.back

[30] Regulation 50 was amended by S.I. 2001/1605.back


ISBN 0 11 049475 X


  © Crown copyright 2004

Prepared 9 July 2004

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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041708.html