The Social Security Amendment (Students) 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 1987 (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 by providing new or amended definitions of “course of study” (regulations 2(2)(a), 3(2)(a), 5(2)(a) and 6(2)(a)(i)), “full-time course of advanced education” (regulations 5(3)(a) and 6(2)(a)(ii)), “full-time student” (regulation 5(2)(b)), “period of study” (regulations 5(2)(d) and 6(3)), “standard maintenance grant” (regulations 2(2)(b), 3(2)(b), 5(3)(c) and 6(4)(b)) and “student” (regulations 2(2)(c), 3(2)(c) and 5(3)(d)).

They prescribe the period when full-time students are to be treated as attending or undertaking a full-time course of study by reference to modular courses (which are defined) and non-modular courses (regulations 4, 5(4) and 6(2)(b)). They also prescribe that full-time students, for the purposes of council tax benefit, housing benefit or jobseeker’s allowance, are not, in certain circumstances, to be regarded as attending or undertaking a course in the period after ceasing caring responsibilities or after recovering from an illness until they return to their course (regulations 2(3), 3(3) and 6(2)(b)).

Regulations 5(2)(c) and (e) and (5) and 6(4)(a) and the Schedule make consequential amendments.

The Report of the Social Security Advisory Committee dated 8th May 1998 on the proposals referred to them in respect of these Regulations, together with a statement showing the extent to which these Regulations give effect to the recommendations of the Committee, and in so far as they do not give effect to them, the reasons why not, are contained in Command Paper Cm. 4739 published by The Stationery Office Limited.

These Regulations do not impose any charge on business.