The Social Security Amendment (Intercalating Students) Regulations 2002

Statutory Instruments

2002 No. 1763

SOCIAL SECURITY

The Social Security Amendment (Intercalating Students) Regulations 2002

Made

10th July 2002

Coming into force

1st August 2002

Whereas a draft of this Instrument was laid before Parliament in accordance with section 37(2) of the Jobseekers Act 1995F1 and approved by resolution of each House of Parliament.

Now, therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 123(1)(d) and (e), 131(3)(b), 137(1) and (2)(j) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992F2 and sections 6(4), 35(1) and 36(2) of the Jobseekers Act 1995F3 and of all other powers enabling him in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to him to be representative of the authorities concernedF4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to itF5 , hereby makes the following Regulations:

F1 1995 c.18.

F2 1992 c.4; sections 123(1)(e) and 131 were inserted and section 137 amended, with respect to council tax benefit, by Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraphs 1, 4 and 9. Section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

F3 Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

F4 See section 176(1) of the Social Security Administration Act 1992.

F5 See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

Citation and commencement

1.  These Regulations may be cited as the Social Security Amendment (Intercalating Students) Regulations 2002 and shall come into force on 1st August 2002.

Intercalating students

2.—(1) In each of the provisions specified in paragraph (2) below—

(a) after the words “is the period” there shall be inserted the words “ , not exceeding one year, ”;

(b) for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b) the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,”.

(2) The provisions specified for the purposes of paragraph (1) above are—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulation 1(3E) of the Jobseeker’s Allowance Regulations 1996 F7 (interpretation).

F6 Reg. 2(2)(a)(b) revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

F7 S.I. 1996/207; the relevant amending instrument is S.I. 2000/1981.

Signed by authority of the Secretary of State for Work and Pensions.

P. Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) and the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) in so far as those Regulations apply to students.

In particular, regulation 2 makes a change to the period during which students, who have taken a break from their courses due to illness or caring responsibilities, may claim housing benefit, council tax benefit and jobseeker’s allowance.

These Regulations do not impose any charge on business.