Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Amendment (Students) Regulations 2000 and shall come into force on 31st July 2000.

(2) In these Regulations—

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(6);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(7).

Amendment of the Council Tax Benefit Regulations

2.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) Regulation 38(8) (interpretation of Part V—students) shall be renumbered regulation 38(1) and in that renumbered paragraph—

(a)in the definition of “course of study”, the words from “and for the purposes” to the end of the definition shall be omitted;

(b)in the definition of “standard maintenance grant”, in paragraph (a), after the word “attending” there shall be inserted the words “or undertaking”;

(c)for the definition of “student” there shall be substituted the following definition—

• ““student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—

  (a)

  a course of study at an educational establishment; or

  (b)

  a qualifying course;”.

(3) In regulation 40 (students who are excluded from entitlement to council tax benefit)—

(a)in paragraph (2), for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (6)”;

(b)after paragraph (5) there shall be added the following paragraphs—

“(6) Paragraph (2) shall not apply to a full-time student for the period specified in paragraph (7) if—

(a)at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i)engaged in caring for another person; or

(ii)ill;

(b)he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c)he is not eligible for a grant or a student loan in respect of the period specified in paragraph (7).

(7) The period specified for the purposes of paragraph (6) is the period beginning on the day on which he ceased to be engaged in caring for that person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a)the day on which he resumes attending or undertaking the course; or

(b)the first day of the following academic year,

whichever shall first occur.”.

Amendment of the Housing Benefit Regulations

3.—(1) The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) Regulation 46(9) (interpretation of Part VII—students) shall be renumbered regulation 46(1) and in that renumbered paragraph—

(a)in the definition of “course of study”, the words from “and for the purposes” to the end of the definition shall be omitted;

(b)in the definition of “standard maintenance grant”, in paragraph (a), after the word “attending” there shall be inserted the words “or undertaking”;

(c)for the definition of “student” there shall be substituted the following definition—

• ““student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—

  (a)

  a course of study at an educational establishment; or

  (b)

  a qualifying course;”.

(3) After regulation 48A(4)(10) (full-time students to be treated as not liable to make payments in respect of a dwelling) there shall be added the following paragraphs—

“(5) Paragraph (1) shall not apply to a full-time student for the period specified in paragraph (6) if—

(a)at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i)engaged in caring for another person; or

(ii)ill;

(b)he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c)he is not eligible for a grant or a student loan in respect of the period specified in paragraph (6).

(6) The period specified for the purposes of paragraph (5) is the period beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a)the day on which he resumes attending or undertaking the course; or

(b)the first day of the following academic year,

whichever shall first occur.”.

Common amendments to the Council Tax Benefit Regulations and to the Housing Benefit Regulations

4.  There shall be added as—

(a)regulation 38(2), (3) and (4) of the Council Tax Benefit Regulations;

(b)regulation 46(2), (3) and (4) of the Housing Benefit Regulations,

the following paragraphs—

“(2) For the purposes of the definition of “full-time student” in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study or as being on a sandwich course—

(a)subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—

(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—

(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(4) In paragraph (2), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.”.

Amendment of the Income Support (General) Regulations 1987

5.—(1) The Income Support (General) Regulations 1987(11) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation)—

(a)for the definition of “course of study”, there shall be substituted the following definition—

““course of study” means any course of study, whether or not it is a sandwich course (within the meaning prescribed in regulation 61(1)) and whether or not a grant is made for attending or undertaking it;”;

(b)after the definition of “employment” there shall be inserted the following definition—

• ““full-time student” has the meaning prescribed in regulation 61(1);”;

(c)for the definition of “last day of the course”(12), there shall be substituted the following definition—

• ““last day of the course” has the meaning prescribed in regulation 61(1);”;

(d)for the definition of “period of study”(13), there shall be substituted the following definition—

““period of study” means the period beginning with the date on which a person starts attending or undertaking a course of study and ending with the last day of the course or such earlier date (if any) as he finally abandons it or is dismissed from it;”;

(e)the definition of “student” shall be omitted.

(3) Regulation 61(14) (interpretation of Chapter VIII of Part V—students) shall be renumbered regulation 61(1) and in that renumbered paragraph—

(a)in the definition of “full-time course of advanced education”—

(i)the words “taken by a person who is” shall be omitted;

(ii)in paragraph (a), the word “attending” shall be omitted;

(iii)in both paragraphs (b) and (c), the word “undertaking” shall be omitted;

(b)after the definition of “full-time course of study” there shall be inserted the following definition—

• ““full-time student” means a person, who is—

  (a)

  aged less than 19 and is attending or undertaking a full-time course of advanced education;

  (b)

  aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or

  (c)

  on a sandwich course;”;

(c)in the definition of “standard maintenance grant”, in paragraph (a), after the word “attending” there shall be inserted the words “or undertaking”;

(d)for the definition of “student” there shall be substituted the following definition—

““student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;”.

(4) After the renumbered regulation 61(1) there shall be inserted the following paragraphs—

“(2) For the purposes of the definition of “full-time student” in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—

(a)subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—

(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—

(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(4) In paragraph (2), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.”.

(5) In the provisions specified in the Schedule to these Regulations, for the word “student” there shall be substituted the words “full-time student”.

Amendment of the Jobseeker’s Allowance Regulations 1996

6.—(1) The Jobseeker’s Allowance Regulations 1996(15) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1—

(a)in paragraph (3) (interpretation)—

(i)for the definition of “course of study” there shall be substituted the following definition—

““course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it;”;

(ii)in the definition of “full-time course of advanced education”(16)—

(aa)the words “taken by a person who is” shall be omitted;

(bb)in paragraph (a), the word “attending” shall be omitted;

(cc)in both paragraphs (b) and (c), the word “undertaking” shall be omitted;

(b)after paragraph (3) there shall be added the following paragraphs—

“(3A) For the purposes of the definition of “full-time student” in paragraph (3) but subject to paragraph (3D), a person shall be regarded as attending or, as the case may be, undertaking a course of study or as being on a sandwich course—

(a)subject to paragraph (3B), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study, for a period beginning on the day on which that part of the course starts and ending—

(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;

(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

(3B) For the purpose of sub-paragraph (a) of paragraph (3A), the period referred to in that sub-paragraph shall include—

(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

(3C) In paragraph (3A), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

(3D) A full-time student shall not be regarded as undertaking a full-time course of advanced education or a full-time course of study for the period specified in paragraph (3E) if—

(a)at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i)engaged in caring for another person; or

(ii)ill;

(b)he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c)he is not eligible for a grant or a student loan (as defined in regulation 130) in respect of the period specified in paragraph (3E).

(3E) The period specified for the purposes of paragraph (3D) is the period beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a)the day on which he resumes attending or undertaking the course; or

(b)the first day of the following academic year,

whichever shall first occur.”.

(3) In regulation 4 (interpretation of Parts II, IV and V), for the definition of “period of study” there shall be substituted the following definition—

• ““period of study” means—

  (a)

  the period during which the student is regarded as attending or undertaking the course of study; and

  (b)

  any period of attendance by the student at his educational establishment or any period of study undertaken by the student, in connection with the course, which occurs before or after the period during which he is to be regarded as undertaking the course of study;”.

(4) In regulation 130 (interpretation of Chapter IX of Part VIII—full-time students)—

(a)the definition of “last day of the course” shall be omitted;

(b)in the definition of “standard maintenance grant”, in paragraph (a), after the word “attending” there shall be inserted the words “or undertaking”.

Regulation 5(5)

SCHEDULEPROVISIONS IN THE INCOME SUPPORT (GENERAL) REGULATIONS 1987 IN WHICH REFERENCES TO “STUDENT” ARE TO BE SUBSTITUTED WITH REFERENCES TO “FULL-TIME STUDENT”

• Regulation 4ZA(2) and (3)(17) (prescribed categories of person)

• Regulation 26 (calculation of income and capital of students)

• Regulation 29(2B)(18) (calculation of earnings derived from employed earner’s employment and income other than earnings)

• Regulation 32(6A)(19) (calculation of weekly amount of income)

• Regulation 40(3A)(20) (calculation of income other than earnings) except in the titles of the legislation referred to in that paragraph

• Title to Chapter VIII of Part V

• Schedule 1B(21) (prescribed categories of person)—

  • paragraph 10 (disabled students)

  • paragraph 11

  • paragraph 12 (deaf students)

• Schedule 3(22) (housing costs)—

  • paragraph 3(3), (6)(b) and (11)(c)(viii)

  • paragraph 14(5B)(b)

• Schedule 9(23) (sums to be disregarded in the calculation of income other than earnings)—

  • paragraph 39(4)(b)(ii) and (5)(b)(ii)

  • paragraph 61(1)

  • paragraph 65(2)

• Schedule 10(24) (capital to be disregarded)—

  • paragraph 22(4)(b)(ii) and (5)(b)(ii)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

In particular, they make various amendments to the rules on the treatment of students in relation to those benefits by providing new or amended definitions of “course of study” (regulations 2(2)(a), 3(2)(a), 5(2)(a) and 6(2)(a)(i)), “full-time course of advanced education” (regulations 5(3)(a) and 6(2)(a)(ii)), “full-time student” (regulation 5(2)(b)), “period of study” (regulations 5(2)(d) and 6(3)), “standard maintenance grant” (regulations 2(2)(b), 3(2)(b), 5(3)(c) and 6(4)(b)) and “student” (regulations 2(2)(c), 3(2)(c) and 5(3)(d)).

They prescribe the period when full-time students are to be treated as attending or undertaking a full-time course of study by reference to modular courses (which are defined) and non-modular courses (regulations 4, 5(4) and 6(2)(b)). They also prescribe that full-time students, for the purposes of council tax benefit, housing benefit or jobseeker’s allowance, are not, in certain circumstances, to be regarded as attending or undertaking a course in the period after ceasing caring responsibilities or after recovering from an illness until they return to their course (regulations 2(3), 3(3) and 6(2)(b)).

Regulations 5(2)(c) and (e) and (5) and 6(4)(a) and the Schedule make consequential amendments.

The Report of the Social Security Advisory Committee dated 8th May 1998 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 4739 published by The Stationery Office Limited.

These Regulations do not impose any charge on business.