Regulation 40 Students who are excluded from entitlement to council tax benefitI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 40(3)(b) words substituted by Child Benefit, Child Support and Social Security 1996 reg. 24
reg. 40(2) words substituted by Income-related Benefits Schemes and Social Fund 1996 reg. 2(6)(a)
reg. 40(3) words substituted by Income-related Benefits Schemes and Social Fund 1996 reg. 2(6)(b)
reg. 40(2)(g) words omitted by Income-related Benefits Schemes and Social Fund 1996 reg. 2(7)(b)
reg. 40(3)(a) words inserted by Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) 1996 reg. 33
reg. 40(7) words inserted by Social Security Amendment (Intercalating Students) 2002 reg. 2(1)(a)
reg. 40(7)(b) substituted by Social Security Amendment (Intercalating Students) 2002 reg. 2(1)(b)
reg. 40(2) words substituted by Social Security Amendment (Students) 2000 reg. 2(3)(a)
reg. 40(6)(7) added by Social Security Amendment (Students) 2000 reg. 2(3)(b)
reg. 40(3)(aa) inserted by Social Security Amendment (Lone Parents) 1998 reg. 3(a)
reg. 40(3)(b) word inserted by Social Security Amendment (Lone Parents) 1998 reg. 3(b)(i)
reg. 40(3)(b) words omitted by Social Security Amendment (Lone Parents) 1998 reg. 3(b)(ii)
reg. 40(3)(aa) inserted by Social Security (Lone Parents) 1997 reg. 2(a)
reg. 40(3)(b) word inserted by Social Security (Lone Parents) 1997 reg. 2(b)(i)
reg. 40(3)(b) words omitted by Social Security (Lone Parents) 1997 reg. 2(b)(ii)
reg. 40(3)(ba)(bb) inserted by Housing Benefit and Council Tax Benefit Regulation 1995 reg. 14(2)
reg. 40(3A) inserted by Housing Benefit and Council Tax Benefit Regulation 1995 reg. 14(3)
reg.40 amended by Social Security Amendment (Students and Income-related Benefits) 2000 reg 5(4)
reg.40 amended by Social Security Amendment (Students) 2000 reg.2(3)

(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).

(2)

Subject to paragraph (3), this paragraph applies to a full-time student and students to whom regulation 41(1) refers (students from abroad).

(3)

Except with respect to students to whom regulation 41(2) refers, paragraph (2) shall not apply to a student—

(a)

who is a person on income support;

(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;

(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;

(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^f1 or, in Scotland, boarded out within the meaning of the Social Work (Scotland) Act 1968^f2;

(e)

who is aged under 19 and whose course of study is not a course of higher education;

(f)

in respect of whom—

(i)

a supplementary requirement has been determined under paragraph 15 of Schedule 2 to the Education (Mandatory Awards) Regulations 1987^f3or the Education (Mandatory Awards) Regulations 1988^f4, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1989^f5, paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1990^f6 or paragraph 12 of Schedule 2 to the Education (Mandatory Awards) Regulations 1991^f7; or

(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^f8 or, as the case may be, the Education Authority Bursaries (Scotland) Regulations 1988^f9 in respect of expenses incurred; or

(iii)

a payment has been made under section 2 of the Education Act 1962^f10; or

(iv)

a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987^f11, paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988^f12, paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990^f13 or paragraph 12 of Schedule 7 to the Students Awards (No. 2) Regulations (Northern Ireland) 1990^f14 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986^f15,

on account of his disability by reason of deafness.

(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^f16 or any course to which Schedule 1 to the Education (Student Loans) Act 1990^f17 refers.

(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.

Annotations

Commencement

I1: Reg. 40 in force at 1.4.1993, see reg. 1(b)

Footnotes

f1: 1989 c. 41.
f2: 1968 c. 49.
f3: S.I. 1987/1261; revoked by S.I. 1988/1360.
f4: S.I. 1988/1360; revoked by S.I. 1989/1458.
f5: S.I. 1989/1458; revoked by S.I. 1990/1628.
f6: S.I. 1990/1628; revoked by S.I. 1991/1838.
f7: S.I. 1991/1838.
f8: S.I. 1987/864.
f9: S.I. 1988/1042.
f10: 1962 c. 12.
f11: S.R. 1987 No. 420; revoked by S.R. 1988 No. 445.
f12: S.R. 1988 No. 445; revoked by S.R. 1990 No. 23.
f13: S.R. 1990 No. 23; revoked by S.R. 1990 No. 427.
f14: S.R. 1990 No. 427.
f15: S.I. 1986/594 (N.I. 3).
f16: 1988 c. 40.
f17: 1990 c. 6.