2009 No. 1575
The Social Security (Students and Miscellaneous Amendments) Regulations 2009
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by—
sections 123(1)(a), (d) and (e), 136(3) and (5)(b), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921;
sections 4(5), 12(1) and (4)(b), 35(1) and 36(2)(a) and (b)(ii) of the Jobseekers Act 19952;
sections 17(1) and (3)(b), 24(1), 25(2) and (3)(b) of the Welfare Reform Act 20073.
In respect of the provisions in these Regulations relating to housing benefit and council tax benefit, the Secretary of State has consulted the organisations appearing to him to be representative of the authorities concerned4.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it5.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Students and Miscellaneous Amendments) Regulations 2009.
2
Subject to paragraph (3), these regulations shall come into force on 1st August 2009.
3
Regulation 2 shall come into force—
a
in the case of a person whose period of study begins on or after 1st August 2009 but before 1st September 2009, on the day the period of study begins; and
b
in any other case, on 1st September 2009.
4
In these Regulations—
“the Income Support Regulations” means the Income Support (General) Regulations 19876;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19967;
“the Housing Benefit Regulations” means the Housing Benefit Regulations 20068;
“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 20069;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 200810;
“period of study” for the purposes of paragraph (3) has the same meaning as in regulation 61 of the Income Support Regulations.
Amendments in relation to the calculation of grant income2
1
The following amendments shall have effect.
2
In sub-paragraph (a) of each of the provisions specified in paragraph (4) for “£295” substitute “£303”.
3
In sub-paragraph (b) of each of the provisions specified in paragraph (4) for “£380” substitute “£390”.
4
The provisions 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—
b
regulations 131(3) and 136(5)13 of the Jobseeker’s Allowance Regulations;
c
regulations 59(3) and 64(5)14 of the Housing Benefit Regulations;
d
regulations 46(3) and 51(5)15 of the Council Tax Benefit Regulations;
e
regulations 132(3) and 137(6)16 of the Employment and Support Allowance Regulations.
Amendment of the Jobseeker’s Allowance Regulations 19963
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In paragraph 1(3)(f)17 of Schedule 1 (applicable amounts)—
a
in sub-paragraph (ii) for “and” substitute “or”;
b
for sub-paragraph (iii) substitute—
iii
satisfies requirements for entitlement to income support or who would do so if he were not a member of a couple, other than the requirement to make a claim for it; or
iv
satisfies requirements for entitlement to an income-related employment and support allowance other than the requirement to make a claim for it;
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)