The Social Security Amendment (Students) Regulations 2000

Amendment of the Council Tax Benefit Regulations

2.—(1) The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) Regulation 38(1) (interpretation of Part V—students) shall be renumbered regulation 38(1) and in that renumbered paragraph—

(a) in the definition of “course of study”, the words from “and for the purposes” to the end of the definition shall be omitted;

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

(c) for the definition of “student” 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)

  a course of study at an educational establishment; or

  (b)

  a qualifying course;”.

(3) In regulation 40 (students who are excluded from entitlement to council tax benefit)—

(a) in paragraph (2), for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (6)”;

(b) after paragraph (5) there shall be added the following paragraphs—

“(6) Paragraph (2) shall not apply to a full-time student for the period specified in paragraph (7) if—

(a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

(i) engaged in caring for another person; or

(ii) ill;

(b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

(c) he is not eligible for a grant or a student loan in respect of the period specified in paragraph (7).

(7) The period specified for the purposes of paragraph (6) is the period beginning on the day on which he ceased to be engaged in caring for that person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

(a) the day on which he resumes attending or undertaking the course; or

(b) the first day of the following academic year,

whichever shall first occur.”.

(1)

The definitions of “course of study” and of “standard maintenance grant” were substituted by S.I. 1996/1944 and the definition of “student” was substituted by S.I. 1998/1274.