The Social Security Amendment (Education Maintenance Allowance) Regulations 2000

Disregard of education maintenance allowance

2.—(1) For each of the paragraphs specified in paragraph (2) of this regulation (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

• “Any—

  (a)

  education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996(1) (payment of school expenses; grant of scholarships etc.) (“the 1996 Act”); or

  (b)

  sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the 1996 Act, section 49 of the Education (Scotland) Act 1980(2) (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992(3) (provision of financial assistance to students).”.

(2) The paragraphs specified for the purposes of paragraph (1) of this regulation are—

(a) paragraph 10 of Schedule 4 to the Council Tax Benefit Regulations;

(b) paragraph 10 of Schedule 4 to the Housing Benefit Regulations;

(c) paragraph 11 of Schedule 9 to the Income Support Regulations;

(d) paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations.

(3) At the end of each of the Schedules specified in paragraph (4) of this regulation (which relate to capital to be disregarded) there shall be added the following paragraph bearing the respective specified paragraph number(4)—

• “Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.) which is payable as a termly bonus or as an achievement bonus at the end of an academic term but only for a period of 52 weeks from the date of receipt of that allowance.”.

(4) The paragraphs specified for the purposes of paragraph (3) of this regulation are—

(a) paragraph 59 of Schedule 5 to the Council Tax Benefit Regulations;

(b) paragraph 59 of Schedule 5 to the Housing Benefit Regulations;

(c) paragraph 56 of Schedule 10 to the Income Support Regulations;

(d) paragraph 51 of Schedule 8 to the Jobseeker’s Allowance Regulations.

(1)

1996 c. 56; section 518 was substituted by section 129 of the School Standards and Framework Act 1998 (c. 31).

(2)

1980 c. 44.

(3)

1992 c. 37.

(4)

The Schedules specified in paragraph (4) were modified to include the paragraphs preceding those specified in that paragraph by S.I. 1998/2825.