The Jobseeker’s Allowance Regulations 1996

Interpretation

130.  In this Chapter, unless the context otherwise requires—

• “contribution" means any contribution in respect of the income [F1 of a student or] of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant [F2 or student loan ], or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Students’ Allowances (Scotland) Regulations 1991 F3 or the Education Authority (Bursaries) (Scotland) Regulations 1995 F4 , the Secretary of State or education authority takes into account being sums which the Secretary of State or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;

• “covenant income" means the income payable to a student under a deed of covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;

• “education authority" means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 F5 , a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 F6 , an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986 F7 , any body which is a research council for the purposes of the Science and Technology Act 1965 F8 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;

• “grant" means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, section 65 of the Further and Higher Education Act 1992 F9 or section 73 of the Education (Scotland) Act 1980 F10 ;

• “grant income" means–

  (a)

  any income by way of a grant;

  (b)

  in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid;

  (c)

  in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which has been paid,

  and any such contribution which is paid by way of a covenant shall be treated as part of the student’s grant income;

• “last day of the course" means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;

• “periods of experience" has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1995 F11 ;

• “standard maintenance grant" means–

  (a)

  except where paragraph (b) or (c) applies, in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 regulations") for such a student;

  (b)

  except where paragraph (c) applies, in the case of a student residing at his parents’ home, the amount specified in paragraph 3(2) thereof;

  (c)

  in the case of a student receiving an allowance or bursary under the Students’ Allowances (Scotland) Regulations 1991 or the Education Authority (Bursaries) (Scotland) Regulations 1995, the amount of money specified as “standard maintenance allowance" for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;

  (d)

  in any other case, the amount specified in paragraph 2(2) of the 1995 regulations other than in sub-paragraph (a) or (b) thereof;

• “student" means a full-time student;

• [F12 “student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 , section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998;

• “year", in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.]

Textual Amendments

F1 Words in reg. 130 inserted (coming into force in accordance with reg. 1(2)(3)(4)(5)(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 4(1)(2)(f)

F2 Words in reg. 130 inserted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(2)(a)

F3 S.I. 1991/1522.

F4 S.I. 1995/1739.

F5 1944 c.31, as amended by S.I. 1974/595 and 1977/293.

F6 1973 c.65.

F7 S.I. 1986/594 (N.I. 3).

F8 1965 c.4.

F9 1992 c.13.

F10 1980 c.44.

F11 S.I. 1995/3321.

F12 Words in reg. 130 substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(2)(b)