Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001

2001 No. 652

SOCIAL SECURITY

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001

Made 2nd March 2001

Laid before Parliament 5th March 2001

Coming into force in accordance with regulation 1

The Secretary of State for Education and Employment, in relation to regulation 5 and the Secretary of State for Social Security, in relation to the remainder of these Regulations, in exercise of the powers conferred upon them by sections 123(1)(a), (d) and (e), 124(1)(e), 136(3), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, sections 3(1)(f), (2) and (4), 3A(1)(e) and (2), 17(1) and (1A), 19(8) and (10)(c), 20A(9), 21, 35(1) and 36(1) of, and paragraphs 8 and 8A of Schedule 1 to, the Jobseekers Act 19952and sections 2A(1), (3)(b) and (d), 189(1) and (4) and 191 of the Social Security Administration Act 19923and of all other powers enabling each of them in that behalf, after consultation, in respect of provisions in these Regulations relating to housing benefit and council tax benefit, with organisations appearing to the Secretary of State to be representative of the authorities concerned4and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5, hereby make the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations shall be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 and shall come into force—

(a)

(a) for the purposes of this regulation and regulations 2, 4 and 5(c), on 26th March 2001;

(b)

(b) for all other purposes, on 1st April 2001.

(2) In these Regulations—

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19926;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19877;

“the Income Support Regulations” means the Income Support (General) Regulations 19878;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 19969.

S-2 Common amendments

Common amendments

2. In regulation 2(1) of each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and the Income Support Regulations and in regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation)—

(a) in paragraph (b) of the definition of “self-employment route”10, for the words “an employment zone programme” there shall be substituted the following—

“—

(i)

(i) an employment zone programme;

(ii)

(ii) a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or Highlands and Islands Enterprise”;

(b) in the definition of “training allowance”11

(i) at the end of paragraph (a), there shall be added the words “, the Learning and Skills Council for England12or the National Assembly for Wales”;

(ii) at the end of paragraph (c), there shall be added the words “or the National Assembly for Wales”.

S-3 Other consequential amendments relating to students

Other consequential amendments relating to students

3.—(1) In each of the provisions specified in paragraph (2) below—

(a)

(a) the definition of “the FEFC” shall be omitted;

(b)

(b) in the definition of “full-time course of study”—

(i) in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales13”;

(ii) for paragraph (b) there shall be substituted the following paragraph—

“(b)

“(b) a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or

(ii) in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or”.

(2) The provisions specified for the purposes of paragraph (1) above14are—

(a)

(a) regulation 38(1) of the Council Tax Benefit Regulations;

(b)

(b) regulation 46(1) of the Housing Benefit Regulations;

(c)

(c) regulation 61(1) of the Income Support Regulations.

(3) In the definition of “full-time course of advanced education” in regulation 61(1) of the Income Support Regulations—

(a)

(a) in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales”;

(b)

(b) for paragraph (b) there shall be substituted the following paragraph—

“(b)

“(b) a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—

(i) in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or

(ii) in the case of a course funded by the National Council for Education...

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