Explanatory note

These Regulations amend the Social Security (Invalid Care Allowance) Regulations 1976 (“the principal Regulations”).

Regulation 2 substitutes a new regulation 5 of the principal Regulations. It provides that for the purposes of section 37(3) of the Social Security Act 1975 a person shall be treated as receiving full-time education if he attends a university, college, school or other educational establishment for 21 hours or more per week. It specifies the activities to be taken into account in calculating the hours of attendance and provides for vacations and temporary interruptions to be included when determining the duration of a period of full-time education.

Regulation 3 increases, from £30 to £40, the amount specified in regulation 8(1) of the principal Regulations so that a person shall not be treated as gainfully employed on any day in a week unless his earnings in the immediately preceding week have exceeded £40.

Regulation 4 contains a revocation consequent upon the coming into force of these Regulations.