Regulation 5 Amendment of the Income Support Regulations
In regulation 61(1) of the Income Support Regulations M1 (students – interpretation)—
in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “ a Scottish national qualification (higher or advanced higher) ”;
in the definition of “grant” after “a payment from access funds” add “ or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies ”.
For paragraph 11 of Schedule 9 to the Income Support Regulations M2 (sums to be disregarded in the calculation of income other than earnings) substitute—
“
11(1)Any payment—
(a)by way of an education maintenance allowance made pursuant to—
(i)regulations made under section 518 of the Education Act 1996;
(ii)regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
(iii)directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
(b)corresponding to such an education maintenance allowance, made pursuant to—
(i)section 14 or section 181 of the Education Act 2002; or
(ii)regulations made under section 181 of that Act.
(2)Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—
(a)regulations made under section 518 of the Education Act 1996;
(b)regulations made under section 49 of the Education (Scotland) Act 1980; or
(c)directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
For paragraph 63 of Schedule 10 to the Income Support Regulations M3 (capital to be disregarded) substitute—
“
63(1)Any payment—
(a)by way of an education maintenance allowance made pursuant to—
(i)regulations made under section 518 of the Education Act 1996;
(ii)regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
(iii)directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
(b)corresponding to such an education maintenance allowance, made pursuant to—
(i)section 14 or section 181 of the Education Act 2002; or
(ii)regulations made under section 181 of that Act.
(2)Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—
(a)regulations made under section 518 of the Education Act 1996;
(b)regulations made under section 49 of the Education (Scotland) Act 1980; or
(c)directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
Annotations
Marginal citations
- M1
The relevant amending instruments are S.I. 1996/1944 and 2000/1922.
- M2
Paragraph 11 was substituted by S.I. 2000/55.
- M3
Paragraph 63 was inserted by S.I. 2001/859.