SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Students and Income-related Benefits) Amendment Regulations 2004 and shall come into force— a for the purposes of this regulation, on 1st August 2004; and b for the purposes of regulations 2 to 7— i in the case of a person whose period of study begins on or after 1st August 2004 but before 1st September 2004, on the day the period of study begins; and ii in any other case, on 1st September 2004. 2 In these Regulations— “ the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ; “ the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; “ the Income Support Regulations ” means the Income Support (General) Regulations 1987 ; “ the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ; “ period of study ” for the purposes of paragraph (1) has the same meaning as in regulation 61 of the Income Support Regulations. Amendments in relation to the disregard of travel costs and the cost of books and equipment 2 1 In sub-paragraph (a) of each of the provisions specified in paragraph (3) for “£270” substitute “ £275 ” . 2 In sub-paragraph (b) of each of the provisions specified in paragraph (3) for “£335” substitute “ £343 ” . 3 The provisions specified for the purposes of paragraphs (1) and (2) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c regulations 62(2A) and 66A(5) of the Income Support Regulations; d regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations. Amendments in relation to the disregard of child care costs of a child dependant 3 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulation 62(2) of the Income Support Regulations — a in sub-paragraph (i) delete “or child care costs”; b after sub-paragraph (i) add— j intended for the child care costs of a child dependant. . 4 In regulation 131(2) of the Jobseeker’s Allowance Regulations — a in sub-paragraph (h) delete “or child care costs”; b after sub-paragraph (h) add— i intended for the child care costs of a child dependant. . 5 Omit sub-paragraphs (c), (cc) and (d) of each of the provisions specified in paragraph (6). 6 The provisions specified in this paragraph for the purposes of paragraph (5) are— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c regulation 62(2B) of the Income Support Regulations; d regulation 131(3A) of the Jobseeker’s Allowance Regulations. Amendment of the Council Tax Benefit Regulations and the Housing Benefit Regulations in relation to income and capital disregards 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Income Support Regulations 5 1 In regulation 61(1) of the Income Support Regulations (students – interpretation)— a in the definition of “ course of advanced education ” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “ a Scottish national qualification (higher or advanced higher) ” ; b in the definition of “ grant ” after “a payment from access funds” add “ or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies ” . 2 For paragraph 11 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) substitute— 11 1 Any payment— a by way of an education maintenance allowance made pursuant to— i regulations made under section 518 of the Education Act 1996; ii regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980; iii directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or b corresponding to such an education maintenance allowance, made pursuant to— i section 14 or section 181 of the Education Act 2002; or ii regulations made under section 181 of that Act. 2 Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to— a regulations made under section 518 of the Education Act 1996; b regulations made under section 49 of the Education (Scotland) Act 1980; or c directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1). . 3 For paragraph 63 of Schedule 10 to the Income Support Regulations (capital to be disregarded) substitute— 63 1 Any payment— a by way of an education maintenance allowance made pursuant to— i regulations made under section 518 of the Education Act 1996; ii regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980; iii directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or b corresponding to such an education maintenance allowance, made pursuant to— i section 14 or section 181 of the Education Act 2002; or ii regulations made under section 181 of that Act. 2 Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to— a regulations made under section 518 of the Education Act 1996; b regulations made under section 49 of the Education (Scotland) Act 1980; or c directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1). . Amendment of the Jobseeker’s Allowance Regulations 6 1 In regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “ a Scottish national qualification (higher or advanced higher) ” . 2 In regulation 130 of the Jobseeker’s Allowance Regulations (students – interpretation) in the definition of “ grant ” after “a payment from access funds” add “ or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies ” . 3 For paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) substitute— 12 1 Any payment— a by way of an education maintenance allowance made pursuant to— i regulations made under section 518 of the Education Act 1996; ii regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980; iii directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or b corresponding to such an education maintenance allowance, made pursuant to— i section 14 or section 181 of the Education Act 2002; or ii regulations made under section 181 of that Act. 2 Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to— a regulations made under section 518 of the Education Act 1996; b regulations made under section 49 of the Education (Scotland) Act 1980; or c directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1). . 4 For paragraph 52 of Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded) substitute— 52 1 Any payment— a by way of an education maintenance allowance made pursuant to— i regulations made under section 518 of the Education Act 1996; ii regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980; iii directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or b corresponding to such an education maintenance allowance, made pursuant to— i section 14 or section 181 of the Education Act 2002; or ii regulations made under section 181 of that Act. 2 Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to— a regulations made under section 518 of the Education Act 1996; b regulations made under section 49 of the Education (Scotland) Act 1980; or c directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992, in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1). . Amendment of the Housing Benefit Regulations in relation to payment of housing benefit to students 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by authority of the Secretary of State for Work and Pensions. Chris Pond Parliamentary Under-Secretary of State, Department for Work and Pensions