Regulation 5 Amendment of the Income Support Regulations

In regulation 61(1) of the Income Support Regulations M1 (students – interpretation)—

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).”.