OpenLegislation

Paragraph 2 Member studying full-timeF1

(F21)

A member—

(a)

who, at the date of claim, is F3a qualifying young person within the meaning of section 142 of the Benefits Act;

(b)

who, at the date of claim, is a full-time student; or

(c)

to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.

(1A)

This sub-paragraph applies to a member who—

(a)

as at the date of claim—

(i)

had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or

(ii)

had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and

(b)

is either—

(i)

a qualifying young person within the meaning of section 142 of the Benefits Act; or

(ii)

a full-time student.

(2)

This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course)—

(a)

within one month of—

(i)

the last day of a previous course of study; or

(ii)

the day on which the member received examination results relating to a previous course of study; and

(b)

who is either—

(i)

a qualifying young person within the meaning of section 142 of the Benefits Act; or

(ii)

a full-time student.

(3)

A member to whom any provision of regulation 13(2)(b) to (e) of the Income Support Regulations (persons receiving relevant education who are severely handicapped, orphans and persons estranged from their parents or guardian) applies.

Annotations

Textual amendments

F1

Sch. A1 inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), regs. 1(1), 2(4), Sch. 1

F2

Sch. A1 para. 2(1)(1A)(2) substituted for Sch. A1 para. 2(1)(2) (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(b)

F3

Words in Sch. A1 para. 2 substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 3(9)(a)

Notes on the whole SI

Textual amendments

F1

1995 c.18.

F2

Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".

F3

1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".

F4

1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".

F5

See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

Notes on Schedule A1

Textual amendments

F2

Words in Sch. A1 heading substituted (19.3.2001) by The Social Security Amendment (Joint Claims) Regulations 2001 (S.I. 2001/518), regs. 1(2), 2(6)(a)