The Social Security Amendment (Students and Income-related Benefits) Regulations 2000

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 (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. The definitions of “grant”, “period of study” and “sandwich course” are amended and a definition of “access funds” is inserted; regulations 2(2) and (3), 3(2) and (4), 4(2) and (3) and 5(2) and (3). The amounts disregarded in respect of books and equipment and travel costs are increased from “£250” to “£255” and from “£303” to “£311” respectively; regulations 2(4)(b) and (5)(c), 3(6)(b) and (7)(c), 4(6)(a) and (8)(c), and 5(5)(a) and (7)(c).

Amendments are made to the rule apportioning student loans, and grants for the maintenance of dependants so that, in some circumstances, those grants are to be apportioned over the same period as student loans; regulations 2(4)(d) and (e) and (5)(b), 3(6)(d) and (e) and (7)(b), 4(6)(b) and (c) and (8)(b), and 5(5)(b) and (c) and (7)(b). Specific rules are introduced about disregards applicable to payments from access funds; regulations 2(6), (7) and (9), 3(8), (9) and (10), 4(9), (10) and (11) and 5(8), (9) and (10). Hardship loans are to be disregarded as income; regulations 2(5)(a), 3(7)(a), 4(8)(a), and 5(7)(a).

The Housing Benefit (General) Regulations and the Council Tax Benefit (General) Regulations are amended so as to disregard as income, grants for school meals for dependants or meals for dependent children aged 3 or 4; regulations 4(7) and 5(6). The deductions from rent that can be made in calculating eligible rent are increased; regulation 4(5). The description of students with a disability by reason of deafness has been updated in the Income Support (General) Regulations, the Housing Benefit (General) Regulations and the Council Tax Benefit (General) Regulations; regulations 2(8), 4(4) and 5(4).

The amendments made to the Income Support (General) Regulations and the Jobseeker’s Allowance Regulations by the Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2000 (S.I. 2000/1444) are undone; regulations 2(4)(a) and (c) and 3(6)(a) and (c). This is because the amendments made by those Regulations are only intended to have application in respect of the period commencing on 26th June 2000 and ending on the day the period of study begins (if it begins on or after 1st August and before 28th August) or on 28th August 2000 in any other case.

These Regulations do not impose a charge on business.