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The Social Security (Students Responsible for Children or Young Persons) Amendment Regulations 2008
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- UK Statutory Instruments
- 2008 No. 1826
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Income Support (General) Regulations 1987 (“the Income Support Regulations”) and the Jobseeker’s Allowance Regulations 1996 (“the Jobseeker’s Allowance Regulations”).
A person may claim income support only if he or she is within a category of persons prescribed in Schedule 1B to the Income Support Regulations. Regulation 4ZA(3)(c) provides that a full-time student can fall within certain prescribed categories (for example carers or those who are incapable of work) only during the summer vacation and only then if he or she: (a) has a partner who is also a full-time student, and (b) is a person (or whose partner is a person) with responsibility for a child or young person. While retaining the requirement that, if a person has a partner, that partner must also be a full-time student so as to fall within those prescribed categories during the summer vacation, these Regulations extend the provision so that a full-time student who does not have a partner can also fall within the prescribed categories.
A person claiming a jobseeker’s allowance has to be available for employment (see section 1(2)(a) of the Jobseekers Act 1995). Regulation 15 of the Jobseeker’s Allowance Regulations specifies that a full-time student is not to be regarded as available for employment except – for the period only of the summer vacation – where the claimant: (a) has a partner who is also a full-time student, and (b) is a person (or whose partner is a person) with responsibility for a child or young person. While retaining the requirement that, if a person has a partner, that partner must also be a full-time student for the exception to apply, these Regulations extend the provision so that a full-time student who does not have a partner can also fall within the exception – and recast regulation 15 so as to incorporate that extension.
A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.
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