# The Social Security (Students and Income-related Benefits) Amendment Regulations 2004, Regulation 5: Amendment of the Income Support Regulations


(1) In regulation 61(1) of the Income Support Regulations (students – interpretation)—
(a) 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) ”;
(b) 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 ”.
(2) For paragraph 11 of Schedule 9 to the Income Support Regulations (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).”.
(3) For paragraph 63 of Schedule 10 to the Income Support Regulations (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).”.

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Source: https://www.legislation.gov.uk/uksi/2004/1708/regulation/5 (the official version)
Page: https://openlegislation.uk/social-security-students-and-income-related-benefits-amendment-regulations-2004/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.