{
  "url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-40",
  "json_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992/regulation-40.json",
  "legislation": "uksi/1992/1814",
  "legislation_title": "The Council Tax Benefit (General) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/council-tax-benefit-general-regulations-1992",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Students who are excluded from entitlement to council tax benefit",
  "text": "(1) Except to the extent that a student may be entitled to an alternative maximum council tax benefit by virtue of section 131(3) and (6) of the Contributions and Benefits Act 1992, a student to whom paragraph (2) applies is a person of a prescribed class for the purposes of section 131(3)(b) of that Act (persons excluded from entitlement to council tax benefit).\n(2) Subject to paragraph (3), this paragraph applies to a full-time student and students to whom regulation 41(1) refers (students from abroad).\n(3) Except with respect to students to whom regulation 41(2) refers, paragraph (2) shall not apply to a student—\n(a) who is a person on income support;\n(b) whose applicable amount would, but for this regulation, include the lone parent premium, pensioner premium for persons under 75 or, as the case may be, persons 75 or over, higher pensioner premium, disability premium or severe disability premium;\n(c) who has a partner who is also a full-time student, if he or that partner is treated as responsible for a child or young person;\n(d) who is a single claimant with whom a child is placed by a local authority or voluntary organisation within the meaning of the Children Act 1989 or, in Scotland, boarded out within the meaning of the Social Work (Scotland) Act 1968;\n(e) who is aged under 19 and whose course of study is not a course of higher education;\n(f) in respect of whom—\n(i) a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987or the Education (Mandatory Awards) Regulations 1988, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1991; or\n(ii) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 6 of the Students' Allowances (Scotland) Regulations 1987 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988 in respect of expenses incurred; or\n(iii) a payment has been made under section 2 of the Education Act 1962; or\n(iv) a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987, paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988, paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards (No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986,\non account of his disability by reason of deafness.\n(4) In paragraph (3)(e) reference to a course of higher education is a reference to a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 or any course to which Schedule 1 to the Education (Student Loans) Act 1990 refers.\n(5) A full-time student to whom sub-paragraph (f) of paragraph (3) applies, shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment as the case may be.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 40 in force at 1.4.1993, see reg. 1(b)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 41."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1968 c. 49."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1987/1261; revoked by S.I. 1988/1360."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1988/1360; revoked by S.I. 1989/1458."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "S.I. 1989/1458; revoked by S.I. 1990/1628."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 1990/1628; revoked by S.I. 1991/1838."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 1991/1838."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "S.I. 1987/864."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.I. 1988/1042."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "1962 c. 12."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "S.R. 1987 No. 420; revoked by S.R. 1988 No. 445."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "S.R. 1988 No. 445; revoked by S.R. 1990 No. 23."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "S.R. 1990 No. 23; revoked by S.R. 1990 No. 427."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "S.R. 1990 No. 427."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "S.I. 1986/594 (N.I. 3)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "1988 c. 40."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "1990 c. 6."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/1996/1803",
      "affecting_title": "The Child Benefit, Child Support and Social Security (Miscellaneous Amendments) Regulations 1996"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1996/1944",
      "affecting_title": "The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/1996/1944",
      "affecting_title": "The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/1996/1944",
      "affecting_title": "The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/1996/1510",
      "affecting_title": "The Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2002/1763",
      "affecting_title": "The Social Security Amendment (Intercalating Students) Regulations 2002"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2002/1763",
      "affecting_title": "The Social Security Amendment (Intercalating Students) Regulations 2002"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2000/1981",
      "affecting_title": "The Social Security Amendment (Students) Regulations 2000"
    },
    {
      "type": "added",
      "affecting": "uksi/2000/1981",
      "affecting_title": "The Social Security Amendment (Students) Regulations 2000"
    },
    {
      "type": "inserted",
      "affecting": "uksi/1998/766",
      "affecting_title": "The Social Security Amendment (Lone Parents) Regulations 1998"
    },
    {
      "type": "word inserted",
      "affecting": "uksi/1998/766",
      "affecting_title": "The Social Security Amendment (Lone Parents) Regulations 1998"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/1998/766",
      "affecting_title": "The Social Security Amendment (Lone Parents) Regulations 1998"
    },
    {
      "type": "inserted",
      "affecting": "uksi/1997/1790",
      "affecting_title": "The Social Security (Lone Parents) (Amendment) Regulations 1997"
    },
    {
      "type": "word inserted",
      "affecting": "uksi/1997/1790",
      "affecting_title": "The Social Security (Lone Parents) (Amendment) Regulations 1997"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/1997/1790",
      "affecting_title": "The Social Security (Lone Parents) (Amendment) Regulations 1997"
    },
    {
      "type": "inserted",
      "affecting": "uksi/1995/626",
      "affecting_title": "The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulation 1995"
    },
    {
      "type": "inserted",
      "affecting": "uksi/1995/626",
      "affecting_title": "The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulation 1995"
    },
    {
      "type": "amended",
      "affecting": "uksi/2000/1922",
      "affecting_title": "The Social Security Amendment (Students and Income-related Benefits) Regulations 2000"
    },
    {
      "type": "amended",
      "affecting": "uksi/2000/1981",
      "affecting_title": "The Social Security Amendment (Students) Regulations 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/1814/regulation/40",
    "retrieved_at": "2026-11-06T03:35:39.387743+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}