The Social Security (Students and Income-related Benefits) Amendment Regulations 2005

Amendments in relation to the calculation of grant income

2.—(1) The following amendments shall have effect.

(2) In sub-paragraph (a) of each of the provisions specified in paragraph (4) for “£275” substitute “£280”.

(3) In sub-paragraph (b) of each of the provisions specified in paragraph (4) for “£343” substitute “£352”.

(4) The provisions(1) specified for the purposes of paragraphs (2) and (3) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are—

(a) regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;

(b) regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;

(c) regulations 62(2A) and 66A(5) of the Income Support Regulations;

(d) regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.

(5) Omit regulation 42(3A)(a) and (b) of the Council Tax Benefit Regulations and regulation 53(2B)(a) and (b) of the Housing Benefit Regulations(2).

(6) Omit regulation 62(2B) of the Income Support Regulations except in a case to which paragraph (8) applies(3).

(7) Omit regulation 131(3A) of the Jobseeker’s Allowance Regulations except in a case to which paragraph (9) applies(4).

(8) This paragraph applies to a claimant to whom regulation 1(3) of the 2003 Regulations applies and in that case sub-paragraphs (a) and (b) of regulation 62(2B) of the Income Support Regulations shall be omitted(5).

(9) This paragraph applies to a claimant to whom regulation 1(7) of the 2003 Regulations applies and in that case sub-paragraphs (a) and (b) of regulation 131(3A) of the Jobseeker’s Allowance Regulations shall be omitted(6).

(1)

The relevant amending instruments are S.I. 1990/1549, 1999/1935, 2000/1922, 2001/2319, 2002/1589, 2003/1701, 2003/1914, 2004/1708.

(2)

These provisions were inserted by S.I. 2001/2319 and amended by S.I. 2002/1589, 2002/2207, 2003/1701 and 2004/1708.

(3)

Paragraph (2B) as inserted by regulation 3(4)(c) of S.I. 2001/2319 was substituted by regulation 2 of and paragraph 16(b) of Schedule 1 to S.I. 2003/455 except in the case of a claimant to whom regulation 1(3) of S.I. 2003/455 applies.

(4)

Paragraph (3A) as inserted by regulation 3(4)(d) of S.I. 2001/2319 was substituted by regulation 3 of and paragraph 16(b) of Schedule 2 to S.I. 2003/455 except in the case of a claimant to whom regulation 1(7) of S.I. 2003/455 applies.

(5)

Regulation 62(2B)(e) continues to have effect in relation to any person who has not been awarded, or whose partner has not been awarded, a child tax credit – see regulation 1(3) of S.I. 2003/455.

(6)

Regulation 131(3A)(e) continues to have effect in relation to any person who has not been awarded, or whose partner has not been awarded, a child tax credit – see regulation 1(7) of S.I. 2003/455.