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

© Crown Copyright 2004

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Students and Income-related Benefits) Amendment Regulations 2004, ISBN 011049475X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992[5];

"the Housing Benefit Regulations" means the Housing Benefit (General) Regulations 1987[6];

"the Income Support Regulations" means the Income Support (General) Regulations 1987[7];

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations 1996[8];

"period of study" for the purposes of paragraph (1) has the same meaning as in regulation 61 of the Income Support 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 - 

(a) regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;

(b) regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;

(c) regulations 62(2A) and 66A(5) of the Income Support Regulations;

(d) regulations 131(3) and 136(5) of the Jobseeker's Allowance Regulations.

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 - 

" (i) intended for the child care costs of a child dependant.".

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

(a) regulation 42(2) of the Council Tax Benefit Regulations;

(b) regulation 53(2) of the Housing Benefit Regulations.

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

(a) in sub-paragraph (i) delete "or child care costs";

(b) after sub-paragraph (i) add - 


" (j) intended for the child care costs of a child dependant.".

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

(a) in sub-paragraph (h) delete "or child care costs";

(b) after sub-paragraph (h) add - 


" (i) intended for the child care costs of a child dependant.".

    (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 - 

(a) regulation 42(3A) of the Council Tax Benefit Regulations;

(b) regulation 53(2B) of the Housing Benefit Regulations;

(c) regulation 62(2B) of the Income Support Regulations;

(d) regulation 131(3A) of the Jobseeker's Allowance Regulations.

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 - 

(a) regulation 38 of the Council Tax Benefit Regulations;

(b) regulation 46 of the Housing Benefit Regulations.

    (3) For paragraph 10 of - 

(a) Schedule 4 to the Council Tax Benefit Regulations[15] (sums to be disregarded in the calculation of income other than earnings); and

(b) Schedule 4 to the Housing Benefit Regulations[16] (sums to be disregarded in the calculation of income other than earnings),

substitute - 

     " 10.  - (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[17] (payment of school expenses; grant of scholarships etc);

(ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980[18] (power to assist persons to take advantage of educational facilities);

(iii) directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992[19] (provision of financial assistance to students); or



(b) corresponding to such an education maintenance allowance, made pursuant to - 



(i) section 14 or section 181 of the Education Act 2002[20] (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); 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 60 of - 

(a) Schedule 5 to the Council Tax Benefit Regulations[21] (capital to be disregarded); and

(b) Schedule 5 to the Housing Benefit Regulations[22] (capital to be disregarded),

substitute - 

     " 60.  - (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).".

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

(a) 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)";

(b) in the definition of "grant" after "a payment from access funds" add "or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies".

    (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 - 

     " 11.  - (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).".

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

     " 63.  - (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).".

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 - 

     " 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[29] (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).".

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) - 

(a) in paragraph (1) for "paragraphs (2) and (3)" substitute "paragraphs (2) to (4)";

(b) in paragraph (2) for "Where" substitute "Subject to paragraph (4), where";

(c) after paragraph (3) add - 

    " (4) Housing benefit shall be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending where the student - 


(a) is one who falls within a category specified in regulation 48A(2); or

(b) would fall within a category specified in regulation 48A(2)(aa) to (g) if he were a full-time student.".

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

[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