Housing Benefits Amendment (No. 3) Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/1009 |
| Year | 1986 |
1986 No. 1009
HOUSING ENGLAND AND WALES
HOUSING, SCOTLAND
RATING AND VALUATION
The Housing Benefits Amendment (No. 3) Regulations 198616thJune 1986
18thJune 1986
The Secretary of State for Social Services, in exercise of the powers conferred upon him by section 28(1) of the Social Security and Housing Benefits Act 1982(a) ("the 1982 Act") and section 166(2) and (3) of the Social Security Act 1975(b) (as applied by section 45(1) of the 1982 Act), with the consent of the Treasury, after consultation with organisations appearing to him to be representative of authorities concerned (c) and after reference to the Social Security Advisory Committee (d), hereby makes the following regulations:—
Citation and commencement
1.—(1) These regulations may be cited as the Housing Benefits Amendment (No. 3) Regulations 1986 and, except as provided in paragraph (2), shall come into operation on 28th July 1986.
(2) The following provisions shall come into operation on 1st September 1986—
regulation 2(1);
regulation 2(4) as it applies to paragraphs 3 to 14 inclusive of Schedule 1A;
regulation 5.
Eligibility and entitlement of students
2. The Housing Benefits Regulations 1985(e) shall be amended in accordance with the following paragraphs—
(1) There shall be deleted—
(a) the definition in regulation 2(1) of "grant-aided student" except for the purposes of regulation 5(1) (transitional provisions);
(b) paragraphs (2)(e) and (5) of regulation 18 and, from paragraph (8) of that regulation, the words "other than that referred to in sub-paragraph (e) thereof" and all the words following "rent paid by each such person";
(c) Schedule 1, except for the purposes of regulation 5(1);
(a) 1982 c.24.
(b) 1975 c.14.
(c) See section 36(1)(a) Social Security and Housing Benefits Act 1982 (c.24).
(d) See sections 9 and 10 of the Social Security Act 1980 (c.30).
(e) S.I. 1985/677; relevant amending instruments are S.I. 1985/1100, 1445 and 1986/852.
(d) paragraph 13 of Schedule 2.
(2) After the definition of "shared ownership tenancy" in regulation 2(1) there shall be inserted the following:—
'"student" has the meaning ascribed to it in paragraph 1 of Schedule 1A;'.
(3) For the existing regulation 12 (students from abroad) there shall be substituted a new Part IIA as follows:—
"PART IIA
ELIGIBILITY AND ENTITLEMENT OF STUDENTS
Modification of Parts II to IV and VI in relation to students
12. The provisions of Parts II to IV and VI (eligibility, amount of housing benefit, benefit period and payment) shall have effect in relation to students and their partners subject to the modifications set out in Schedule 1A hereto."
(4) There shall be inserted, after Schedule 1, a Schedule 1A, the terms of which are set out in the Schedule to these regulations.
Deductions for students who are members of the eligible person's household
3. Regulation 20(13) of the Housing Benefits Regulations 1985 shall be amended by substituting for the words" 'relevant student' means a person who is receiving full-time education at an educational establishment and whose requirements are provided for, in whole or in part, by the eligible person" the following words—
"'relevant student' means a student in full-time education who is a member of the household of the eligible person but does not include such a person during any period which is not a period of study as defined in paragraph 1 of Schedule 1A".
Disregard of income
4. Paragraph 5 of Schedule 2 to the Housing Benefits Regulations 1985 shall be amended by inserting, after the words "Any sums", where they first appear, the words "in respect of a course of study attended by a dependent child" and by deleting the words "any sums" where they appear for a second time.
Transitional provisions
5.—(1) Until 1st April 1988, paragraph 10 of Schedule 1A (student deduction) shall not have effect in the case of a student who is attending a course which he was attending immediately before 1st September 1986, except where he is attending as a grant-aided student.
(2) Paragraph 3 of Schedule 1A (eligibility of students outside the period of study) and Parts III to VI inclusive (amount of housing benefit for students, benefit period, payment and partners) shall not have effect in relation to any period of a student's summer vacation in 1986.
Signed by authority of the Secretary of State for Social Services.
Tony Newton, Minister of State, Department of Health and Social Security
13th June 1986.
We consent,
T. Garel-Jones, A. G. Hamilton, Two of the Lords Commissioners of Her Majesty's Treasury.
16th June 1986.
Regulation 2(4)
SCHEDULE
Regulation 12
"SCHEDULE 1A
MODIFICATION OF PARTS II TO IV AND VI OF THE REGULATIONS IN RELATION TO STUDENTS
PART I
INTERPRETATION
1. In this Schedule, unless the context otherwise requires—
"contribution" means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority takes into account in assessing the amount of the student's grant and by which the amount is, as a consequence, reduced;
"course of study" means any full-time or part-time course of study or sandwich course, whether or not a grant is made for attending it;
"covenant income" means the gross income payable to a student...
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