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The Secretary of State for Social Security, in exercise of powers conferred on him by sections 123(1), 130(2) and (4), 136(3), (4) and (5), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 1992[1] and sections 12(1), (2) and (4), 35(1) and 36(1) and (2) of the Jobseekers Act 1995[2] 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 con cerned[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 Amendment (Students) Regulations 1999 and shall come into force -
(b) for the purposes of regulations 2 and 3 -
(ii) in any other case, on 30th August 1999;
(c) for the purposes of regulations 4 and 5 -
(ii) in any other case, on 30th August 1999;
(d) for the purposes of regulations 6 and 7 -
(ii) in any other case, on 31st August 1999.
(2) In regulation 1(1) of these Regulations, a reference to a numbered regulation is a reference to the regulation in these Regulations bearing that number.
(b) for the definition of "year" there shall be substituted the following definitions -
(3) In regulation 131 (calculation of grant income) -
(b) for paragraph (3) there shall be substituted the following paragraph -
(b) where no amount has been disregarded under paragraph (2)(f), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(4) In regulation 135(1) (other amounts to be disregarded) for the words "and 133(1)(a) or (b) (calculation of grant income and covenant income)" there shall be substituted the words ", 133(1)(a) or (b) and 136(5) (calculation of grant income, covenant income and treatment of student loans)".
(b) he could acquire such a loan in respect of that year by taking reasonable steps to do so.
(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5) -
(ii) in the case of a student who satisfies the additional conditions for a disability premium specified in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has actually been paid to him;
(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if -
(ii) no deduction in that loan was made by virtue of the application of a means test.
(5) There shall be deducted from the amount of income taken into account under paragraph (4) -
(b) where no amount has been disregarded under regulation 131(2)(f), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(6) In regulation 137 (disregard of contribution) after the word "grant" there shall be inserted the words "or student loan".
(c) any contribution as defined in Chapter IX of Part VIII which -
(ii) has been paid.".
Amendment of the Income Support (General) Regulations
(b) for the definition of "year"[14] there shall be substituted the following definitions -
(3) In regulation 62 (calculation of grant income) -
(b) for paragraph (2A)[19] there shall be substituted the following paragraph -
(b) where no amount has been disregarded under paragraph (2)(g), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(4) In regulation 66(1) (other amounts to be disregarded)[20] for the words "and 64(1)(a) or (b) (calculation of grant income and covenant income)" there shall be substituted the words ", 64(1)(a) or (b) and 66A(5) (calculation of grant income, covenant income and treatment of student loans)".
(b) he could acquire such a loan in respect of that year by taking reasonable steps to do so.
(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5) -
(ii) in the case of a student to whom paragraph 1, 2, 10, 11 or 12 of Schedule 1B applies (lone parent or disabled student), any contribution which has actually been paid to him;
(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if -
(ii) no deduction in that loan was made by virtue of the application of a means test.
(5) There shall be deducted from the amount of income taken into account under paragraph (4) -
(b) where no amount has been disregarded under regulation 62(2)(g), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(6) In regulation 67 (disregard of contribution)[22] after the word "grant" there shall be inserted the words "or student loan".
(c) any contribution as defined in Chapter VIII of Part V which -
(ii) has been paid.".
Amendment of the Council Tax Benefit (General) Regulations
(b) for the definition of "year" there shall be substituted the following definitions -
(3) In regulation 42 (calculation of grant income) -
(b) for paragraph (3) there shall be substituted the following paragraph -
(b) where no amount has been disregarded under sub-paragraph (2)(g), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(4) In regulation 46 (other amounts to be disregarded)[30] for the words "or 44(1)(a) or (c) (calculation of grant and covenant income)" there shall be substituted the words ", 44(1)(a) or (c) or 47(5) (calculation of grant income, covenant income and treatment of student loans)".
(b) he could acquire such a loan in respect of that year by taking reasonable steps to do so.
(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5) -
(ii) any contribution whether or not it has been paid to him;
(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if -
(ii) no deduction in that loan was made by virtue of the application of a means test.
(5) There shall be deducted from the amount of income taken into account under paragraph (4) -
(b) where no amount has been disregarded under regulation 42(2)(g), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.".
(6) In regulation 48 (disregard of contribution)[32] after the word "grant" there shall be inserted the words "or student loan".
(b) at the end of sub-paragraph (c) of paragraph 17 there shall be added "or (d) the student's student loan,"; (c) in paragraph 18(1)(a), for the words "or grant" there shall be substituted the words ", grant or student loan".
Notes: [1] 1992 c.4; sections 123, 130 and 137 were amended to have effect with respect to council tax benefit by section 103 of, and 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 ascribed to the word "prescribed".back [2] 1995 c.18; section 35(1) is an interpretation provision and is cited because of the meanings ascribed to the words "prescribed" and "regulations".back [3] See the Social Security Administration Act 1992 (c.5), section 176(1) as amended by section 103 of, and paragraph 23 of Schedule 9 to, the Local Government Finance Act 1992.back [4] See the Social Security Administration Act 1992, sections 170 and 173(1)(b) and (7); 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 be referred to the Committee. Section 173(7) defines "regulations".back [6] The definition of "contribution" was amended by S.I. 1998/563.back [7] 1998 c.30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the Education (Student Loans) Regulations 1998 (S.I. 1998/211).back [8] 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1), see the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999/1131 (S.91)) and the Education (Student Loans) Regulations 1998.back [9] S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1st September 1998.back [10] The relevant amending instruments are S.I. 1996/1516, 1997/1671 and 1998/1379.back [11] Regulation 137A was inserted by S.I. 1998/563.back [13] The definition of "contribution" was substituted by S.I. 1996/1944 and amended by S.I. 1998/563.back [14] The definition of "year" was amended by S.I. 1996/1944.back [15] 1998 c.30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the Education (Student Loans) Regulations 1998 (S.I. 1998/211).back [16] 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1); see the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999/1001 (S.71)) and the Education (Student Loans) Regulations 1998.back [17] S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1st September 1998.back [18] The relevant amending instruments are S.I. 1996/1944, 1997/1671 and 1998/1379.back [19] Regulation 62(2A) was inserted by S.I. 1992/468.back [20] Regulation 66(1) was amended by S.I. 1994/527.back [21] Regulation 66A was inserted by S.I. 1990/1549 and amended by S.I. 1991/236 and 1559 and 1996/462.back [22] Regulation 67 was amended by S.I. 1996/462.back [23] Regulation 67A was inserted by S.I. 1998/563.back [25] The definition of "contribution" was substituted by S.I. 1996/1944 and amended by S.I. 1998/563.back [26] 1998 c.30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the Education (Student Loans) Regulations 1998 (S.I. 1998/211).back [27] 1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c.30), section 29(1); see the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999/1001 (S.71)) and the Education (Student Loans) Regulations 1998.back [28] S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1st September 1998.back [29] The relevant amending instruments are S.I. 1996/1944, 1997/1671 and 1998/1379.back [30] Regulation 46 was amended by S.I. 1994/578.back [31] Regulation 47 was amended by S.I. 1996/462.back [32] Regulation 48 was amended by S.I. 1996/462.back [33] Regulation 48A was inserted by S.I. 1998/563.back
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