Regulation 2 Amendment of the Income Support (General) Regulations 1987

in the appropriate place insert the following definition—

• ““basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 M1 (see section 989 of that Act);”;

omit the definition of “starting rate”M2.

regulation 2(1) (interpretation), in paragraphs (a) and (c) of the definition of “training allowance”M3,

Schedule 1B (prescribed categories of person), in paragraph 28 M4,

Schedule 2 (applicable amounts), in paragraph 7(1)(b) M5, and

Schedule 3 (housing costs), in paragraph 3(13)(d),

omit “the starting rate or, as the case may be, the starting rate and”;

for “starting” substitute “ basic ”.

in paragraph (1)(c) omit “the starting rate of tax or, as the case may be, the starting rate and”;

in paragraph (2) for “starting” substitute “ basic ”.

for the definition of “contribution” substitute—

““contribution” means—

1. (a)

   any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or

2. (b)

   any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—

   1. (i)

      the holder of the allowance or bursary;

   2. (ii)

      the holder's parents;

   3. (iii)

      the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or

   4. (iv)

      the holder's spouse or civil partner;”;

in paragraph (c) of the definition of “grant income”M13 for “or 12 of Schedule 1B applies (lone parent or disabled student)” substitute “ , 12 or 15A of Schedule 1B applies (lone parent, disabled student or persons in education ”.

in paragraph 3(a) before “ill” insert “ temporarily ” ;

after paragraph 15 insert—

“Circumstances in which a person in education will be treated as not being a member of a household

15A

(1)

A person is subject to this regulation if they fulfil the conditions in sub-paragraphs to (5).

(2)

The first condition is that he is under the age of 21.

(3)

The second condition is that he is undertaking a course of full-time, non-advanced education.

(4)

The third condition is that he was accepted to attend, enrolled on, or began the course before attaining the age of 19.

(5)

The fourth condition is that—

(a)

he has no parent;

(b)

of necessity he has to live away from his parents because—

(i)

he is estranged from them,

(ii)

he is in physical or moral danger, or

(iii)

there is a serious risk to his physical or mental health; or

(c)

he is living away from his parents where they are unable financially to support him and are—

(i)

chronically sick or mentally or physically disabled,

(ii)

detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii)

prohibited from entering or re-entering Great Britain.

(6)

In this paragraph—

• “chronically sick or mentally or physically disabled” has the meaning given in regulation 13(3)(b);

• “course of full-time, non-advanced education” means education of a kind referred to in regulation 3(2)(a) or (b) of the Child Benefit (General) Regulations 2006 M16;

• “parent” includes a person acting in place of a parent which—

  1. (a)

     for the purposes of sub-paragraph (5)(a) and (b) has the meaning given in regulation 13(3)(a)(i), and

  2. (b)

     for the purposes of sub-paragraph (5)(c), has the meaning given in regulation 13(3)(a)(ii).”.

after paragraph 39 insert—

“

39A

Any payment made under Part 8A of the Contributions and Benefits Act (entitlement to health in pregnancy grant) M18.”;

in paragraph 67 M19 omit “the Community Care (Direct Payments) Act 1996,”.