The Social Security Amendment (Students and Income-related Benefits) Regulations 2002

Treatment of student loans

5.—(1) This regulation amends the provisions specified in paragraph (6) below and references in this regulation to sub-paragraphs are to the relevant sub-paragraphs of those provisions.

(2) For sub-paragraph (a), there shall be substituted the following—

“(a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—

(i) except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;

(ii) where the student is required to start attending the course in August or where the course is of less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;”.

(3) In sub-paragraph (aa), for the words “immediately following that which includes the first day of that academic year and ending with the benefit week which includes”, there shall be substituted the words “, the first day of which coincides with, or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with, or immediately precedes,”.

(4) In sub-paragraph (b)—

(a) the words “the earlier of” shall be omitted;

(b) for heads (i) and (ii), there shall be substituted the following heads—

“(i) except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;

(ii) where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term;”;

(c) for the words “the last day of the last benefit week before”, there shall be substituted the words “the benefit week, the last day of which coincides with, or immediately precedes,”.

(5) In sub-paragraph (c)—

(a) for head (ii), there shall be substituted the following head—

“(ii) the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,”;

(b) for the words “the last day of the last benefit week in June”, there shall be substituted the words “the benefit week, the last day of which coincides with, or immediately precedes, the last day of June”.

(6) The provisions specified for the purposes of this regulation(1) above are—

(a) regulation 47(2) of the Council Tax Benefit Regulations;

(b) regulation 57A(2) of the Housing Benefit Regulations;

(c) regulation 66A(2) of the Income Support Regulations;

(d) regulation 136(2) of the Jobseeker’s Allowance Regulations.

(1)

The relevant amending instruments are S.I. 1990/1549, 2000/1922 and 2001/2319.