The Social Security (Miscellaneous Amendments) Regulations 2012

PART 3 Amendments relating to full-time, non-advanced education

Amendments relating to full-time, non-advanced education: income support

11.  In paragraph 15A of Schedule 1B to the Income Support Regulations(1) (prescribed categories of persons: persons under 21 with no parents, or living away from their parents, undertaking full-time, non-advanced education)—

(a) for the heading substitute—

“Certain persons who have enrolled on, been accepted for or are undertaking full-time, non-advanced education”;

(b) for sub-paragraphs (1) to (4) substitute—

“(1) A person (“P”) who satisfies the following conditions.

(2) The first condition is that P has enrolled on, been accepted for or is undertaking a course of full-time, non-advanced education.

(3) The second condition is that P is—

(a) under the age of 21; or

(b) 21 and attained that age whilst undertaking a course of full-time, non-advanced education.

(4) The third condition is that—

(a) P has no parent;

(b) of necessity P has to live away from P’s parents because—

(i) P is estranged from P’s parents,

(ii) P is in physical or moral danger, or

(iii) there is a serious risk to P’s physical or mental health; or

(c) P is living away from P’s parents because they are unable to support P financially and are—

(i) chronically sick or mentally or physically disabled,

(ii) detained in custody pending trial or sentencing upon conviction or under a sentence imposed by a court, or

(iii) prohibited from entering or re-entering Great Britain.”;

(c) sub-paragraph (5) is omitted;

(d) in sub-paragraph (6), for the definition of “course of full-time, non-advanced education”, substitute—

““course of full-time, non-advanced education” means a course of full-time education which is not a course of advanced education and which is not provided to P by virtue of P’s employment or any office held by P, which is—

(a)

provided at a school or college, or

(b)

provided elsewhere but is approved by the Secretary of State as being such a course,

and for this purpose, “course of advanced education” has the same meaning as in regulation 61(1)”

Amendments relating to full-time non-advanced education: housing benefit

12.  In regulation 56 of the Housing Benefit Regulations(2) (full-time students to be treated as not liable to make payments in respect of a dwelling)—

(a) for paragraph (2)(h) substitute—

“(h) who is—

(i) aged under 21 and whose course of study is not a course of higher education;

(ii) aged 21 and attained that age during a course of study which is not a course of higher education; or

(iii) a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);”;

(b) for paragraph (2A) substitute—

“(2A) Paragraph (2)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.”.

Amendments relating to full-time non-advanced education: council tax benefit

13.  In regulation 45 of the Council Tax Benefit Regulations(3) (students who are excluded from entitlement to council tax benefit)—

(a) for paragraph (3)(h) substitute—

“(h) who is—

(i) aged under 21 and whose course of study is not a course of higher education;

(ii) aged 21 and attained that age during a course of study which is not a course of higher education; or

(iii) a qualifying young person or child within the meaning of section 142 of the Act (child and qualifying young person);”;

(b) for paragraph (3A) substitute—

“(3A) Paragraph (3)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.”.

(1)

Schedule 1B is inserted by S.I.1996/206. Paragraph 15A is inserted by S.I.2009/583 and amended by S.I.2009/2665.

(2)

Regulation 56(2)(h) is substituted by S.I. 2006/718 and amended by S.I.2009/583. Paragraph (2A) is inserted by S.I. 2009/583 and amended by S.I.2010/641. There are other amendments to regulation 56 which are not material to these Regulations.

(3)

Regulation 45(3)(h) is substituted by S.I.2006/718 and amended by S.I.2009/583. Paragraph (3A) is inserted by S.I. 2009/583 and amended by S.I.2010/641. There are other amendments to regulation 45 which are not material to these Regulations.