The Social Security (Students Amendment) Regulations (Northern Ireland) 2000

Amendment of the Income Support Regulations

3.—(1) The Income Support (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) to (5).

(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”(2) 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”(3), 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”(4) there shall be substituted the following definition—

““period of study” means the period beginning on, and including, 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 (interpretation of Chapter VIII of Part V—students) shall be renumbered regulation 61(1) and in that renumbered paragraph—

(a) after the definition of “education authority” 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;”;

(b) in the definition of “standard maintenance grant”(5), in paragraph (a), after “attending” there shall be inserted “or undertaking”;

(c) for the definition of “student”(6) 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 added 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, and including, 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, and including, 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 purposes 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 “student” there shall be substituted “full-time student”.

(1)

S.R. 1987 No. 459: relevant amending Regulations are S.R. 1988 No. 318, S.R. 1990 No. 297, S.R. 1991 Nos. 46, 204 and 338, S.R. 1992 Nos. 147 and 201, S.R. 1995 No. 434, S.R. 1996 Nos. 199 and 405, S.R. 1997 Nos. 22 and 412, S.R. 1998 No. 81 and S.R. 2000 No. 71

(2)

The definition of “employment” was inserted by regulation 2(b) of S.R. 1988 No. 318

(3)

The definition of “last day of the course” was inserted by regulation 2 of S.R. 1991 No. 338

(4)

The definition of “period of study” was substituted by regulation 4(2) of S.R. 1990 No. 297

(5)

The definition of “standard maintenance grant” was substituted by regulation 5(8)(a) of S.R. 1996 No. 405

(6)

The definition of “student” was amended by regulation 6 of S.R. 1992 No. 147