S.I.

1999 No. 1677
The Social Security Amendment (Educational Maintenance Allowance) Regulations 19991
 

Made

14th June 1999

Laid before parliament

21st June 1999

Coming into force

16th August 1999

The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 123(1), 136(5)(b), 137(1) and 175(1) and (3) to (5) of the Social Security Contributions and Benefits Act 19922 and sections 12(4)(b), 35(1) and 36(1), (2) and (4) of the Jobseekers Act 19953 and of all other powers enabling him 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 concerned4 and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it5, hereby makes the following Regulations:
Citation and commencement
1.-(1) These Regulations may be cited as the Social Security Amendment (Educational Maintenance Allowance) Regulations 1999 and shall, subject to paragraph (2) of this regulation, come into force on 16th August 1999.
(2) In relation to any particular claimant for either family credit or disability working allowance, regulation 2 of these Regulations shall have effect, where a claimant has an award of either of those benefits-

    (a) which expires on 16th August 1999, on 17th August 1999;
    (b) which expires after 16th August 1999, on the day following the expiration of that award.
    [Regulation 2 amends Schedule 4 to S.I. 1992/1814, Schedule 3 to S.I. 1991/2887, Schedule 2 to S.I. 1987/1973, Schedule 4 to S.I. 1987/1971, Schedule 9 to S.I. 1987/1967 and Schedule 7 to S.I. 1996/207.]

Signed by authority of the Secretary of State for Social Security.

 

Angela Eagle

 

Parliamentary Under-Secretary of State,

14th June 1999

Department of Social Security

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207), the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814), the Family Credit (General) Regulations 1987 (S.I. 1987/1973) and the Disability Working Allowance (General) Regulations 1991 (S.I. 1991/2887).
In particular, regulation 2 of these Regulations provides that educational maintenance allowances shall be disregarded in the calculation of a person's income for the purpose of ascertaining entitlement to the benefits referred to above.
These Regulations do not impose a charge on business.

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1 This instrument revoked by S.I. 2000/55, reg. 3, as from 7/2/00 and, in relation to tax credits, by S.I. 2000/421, reg. 5 as from 14/3/00.

2 Sections 123 and 137 were amended to have effect in relation to council tax benefit by Schedule 9 to the Local Government Finance Act 1992 , paragraphs 1 and 9; section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word "prescribed".

3 Section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words "prescribed" and "regulations".

4 See section 176(1) of the Social Security Administration Act 1992.

5 See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of "relevant enactments" in respect of which regulations must normally be referred to the Committee.