Legalize
Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2000

Type Ni-Statutory-Rule
Publication 2000-07-24
Last updated 2006-11-20
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
PDF Download
articles Not indexed
Reform history JSON API

Made: 24th July 2000

Coming into operation: 1st August 2000

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 129(2) and (4), 132(3) and (4), 171(1) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and Articles 14 and 36 of the Jobseekers (Northern Ireland) Order 1995[^f00002] and now vested in it[^f00003], and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[^f00004] in so far as regulation 4 is concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of those regulations should not be referred to it[^f00005], hereby makes the following Regulations:

Citation, commencement and interpretation

1

Amendment of the Income Support (General) Regulations

2

  • “access funds” means—grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993[^f00009], or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997[^f00010] in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;grants made under section 7 of the Further and Higher Education Act 1992[^f00011] and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”, orgrants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980[^f00012];
  • “grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
  • “sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000[^f00015], regulation 5(2) of the Education (Student Support) Regulations 2000[^f00016] or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000[^f00017], as the case may be;

(i) in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, the day before the start of the next year of the course, or

(3B) Any amount intended for the maintenance of dependents under provisions other than those referred to in paragraph (3) shall be apportioned over the same period in the same manner as the student’s loan is apportioned or would have been apportioned had he had one.

(1) A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded. (1A) For the purposes of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000, regulation 21 of the Education (Student Support) Regulations 2000 or regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000.

(2) In calculating the weekly amount of the loan to be taken into account as income— (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with, and including— (i) the start of the single academic year, or (ii) where the course is of less than an academic year’s duration, the first day of the course, and ending with the last day of the course; (b) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with, and including, the earlier of— (i) the first day of the first benefit week in September, or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week before the last day of the course; (c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with, and including, the earlier of— (i) the first day of the first benefit week in September, or (ii) the first day of the the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week in June, and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

(66B) (1) This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies. (2) A payment from access funds, other than a payment to which paragraph (3) applies, shall be disregarded as income. (3) Subject to paragraph (4) and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in homes for persons in need and nursing homes), of a single claimant or, as the case may be, of any other member of his family, shall be disregarded as income to the extent of £20 per week. (4) Where a payment from access funds is made— (a) on, and including, or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan, or (b) before the first day of the course to a person in anticipation of that person becoming a student, that payment shall be disregarded as income.

(2) An amount paid from access funds as a single lump sum shall be treated as capital. (3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 9), household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in homes for persons in need and nursing homes), of a single claimant or, as the case may be, of any other member of his family, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

A person who is a full-time student in respect of whom— (a) a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 1999 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986; (b) a grant has been made under regulation 13 of the Education (Student Support) Regulations (Northern Ireland) 2000 or under regulation 13 of the Education (Student Support) Regulations 2000; (c) a payment has been made under section 2 of the Education Act 1962[^f00030]; (d) a supplementary requirement has been determined under paragraph 9 of Part II of Schedule 2 to the Education (Mandatory Awards) Regulations 1999[^f00031], or (e) an allowance, or as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students' Allowances (Scotland) Regulations 1999[^f00032] or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority (Bursaries) (Scotland) Regulations 1995, in respect of expenses incurred, on account of his disability by reason of deafness.

Amendment of the Jobseeker’s Allowance Regulations

3

(i) in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one, the day before the start of the next year of the course, or

  • “sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000, regulation 5(2) of the Education (Student Support) Regulations 2000 or regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000, as the case may be;
  • “access funds” means—grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”, orgrants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980;
  • “grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;

(5A) Any amount intended for the maintenance of dependents under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.

(1) A student loan shall be treated as income unless it is a hardship loan in which case it shall be disregarded. (1A) For the purposes of paragraph (1), “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000, regulation 21 of the Education (Student Support) Regulations 2000 or regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000.

(2) In calculating the weekly amount of the loan to be taken into account as income— (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with, and including— (i) the start of the single academic year, or (ii) where the course is of less than an academic year’s duration, the first day of the course, and ending with the last day of the course; (b) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with, and including, the earlier of— (i) the first day of the first benefit week in September, or (ii) the first day of the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week before the last day of the course; (c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with, and including, the earlier of— (i) the first day of the first benefit week in September, or (ii) the first day of the the first benefit week following the beginning of the autumn term, and ending with the last day of the last benefit week in June, and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

(136A) (1) This regulation applies to payments from access funds that are not payments to which regulation 138(2) or (3) (income treated as capital) applies. (2) A payment from access funds, other than a payment to which paragraph (3) applies, shall be disregarded as income. (3) Subject to paragraph (4) and paragraph 38 of Schedule 6, any payments from access funds which are intended and used for food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 6), household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (applicable amounts for persons in residential care and nursing homes), of a single claimant or, as the case may be, of any other member of his family, shall be disregarded as income to the extent of £20 per week. (4) Where a payment from access funds is made— (a) on, and including, or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan, or (b) before the first day of the course to a person in anticipation of that person becoming a student, that payment shall be disregarded as income.

(2) An amount paid from access funds as a single lump sum shall be treated as capital. (3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear (which has the same meaning as in paragraph 15(2) of Schedule 6), household fuel, rent or rates for which housing benefit is payable, any housing costs to the extent that they are met under regulation 83(f) or 84(1)(g) (housing costs) or any accommodation charges to the extent that they are met under regulation 86 (applicable amounts for persons in residential care and nursing homes), of a single claimant or, as the case may be, of any other member of his family, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

Amendment of the Housing Benefit (General) Regulations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department for Social Development on 24th July 2000.

John O'Neill — Senior Officer of the — Department for Social Development

The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th July 2000.

David Sterling — Senior Officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”), the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”).

In particular, they make various amendments to the rules on the treatment of students in relation to those benefits. The definitions of “grant”, “period of study” and “sandwich course” are amended and a definition of “access fund” is inserted (regulations 2(2), 3(2) and (4) and 4(2)). The amounts disregarded in respect of books and equipment and travel costs are increased from “£250” to “£255” and from “£303” to “£311” respectively (regulations 2(3)(b) and (4)(c), 3(5)(b) and (6)(c) and 4(5)(a) and (7)(c)).

Amendments are made to the rule apportioning student loans and grants for the maintenance of dependents so that, in some circumstances, those grants are to be apportioned over the same period as student loans (regulations 2(3)(d) and (e) and (4)(b), 3(5)(d) and (e) and (6)(b) and 4(5)(b) and (c) and (7)(b)). Specific rules are introduced about disregards applicable to payments from access funds (regulations 2(5), (6) and (8), 3(7), (8) and (9) and 4(8), (9) and (10)). Hardship loans are to be disregarded as income (regulations 2(4)(a), 3(6)(a) and 4(7)(a)).

The Housing Benefit Regulations are amended so as to disregard as income, grants for school meals for dependents or meals for dependent children aged 3 or 4 (regulation 4(6)). The deductions from rent that can be made in calculating eligible rent are increased (regulation 4(4)). The description of students with a disability by reason of deafness has been updated in the Income Support Regulations and the Housing Benefit Regulations (regulations 2(7) and 4(3)).

The amendments made to the Income Support Regulations and the Jobseeker’s Allowance Regulations by the Income Support (General) and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 222) are undone (regulations 2(3)(a) and (c) and 3(5)(a) and (c)). This is because the amendments made by those Regulations are only intended to have application in respect of the period commencing on 26th June 2000 and ending on the day the period of study begins (if it begins on or after 1st August and before 28th August) or on 28th August 2000 in any other case.

In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: S.I. 1995/2705 (N.I. 15); Article 36(2)(a) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00003]: See Article 8(b) of, and Part II of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481)

[^f00004]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); consent function transferred from the Department of the Environment to the Department of Finance and Personnel; see Article 6(b) of, and Part II of Schedule 4 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999

[^f00005]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992

[^f00006]: 1954 c. 33 (N.I.)

[^f00007]: S.R. 1987 No. 459: relevant amending Regulations are S.R. 1988 No. 146, S.R. 1990 Nos. 131, 297 and 305, S.R. 1991 No. 338, S.R. 1992 No. 147, S.R. 1996 Nos. 93, 199 and 405, S.R. 1999 Nos. 317 and 369 and S.R. 2000 Nos. 213 and 222

[^f00008]: Regulation 61 was renumbered regulation 61(1) by regulation 3(3) of S.R. 2000 No. 241

[^f00009]: S.I. 1993/2810 (N.I. 12)

[^f00010]: S.I. 1997/1772 (N.I. 15)

[^f00011]: 1992 c. 13

[^f00012]: 1980 c. 44; the functions of the Secretary of State were transferred to Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)

[^f00013]: Definition of “grant” was amended by regulation 4(5) of S.R. 1990 No. 297

[^f00014]: Definition of “sandwich course” amended by regulation 5(8)(b)(iv) of S.R. 1996 No. 405

[^f00015]: S.R. 2000 No. 213

[^f00016]: S.I. 2000/1121

[^f00017]: S.S.I. 2000/200

[^f00018]: In the definition of “period of study” paragraph (b) was amended by regulation 8(b) of S.R. 1991 No. 338

[^f00023]: S.R. 1999 No. 351; relevant amending Regulations are S.R. 1999 No. 369

[^f00024]: Regulation 62(3A) was inserted by regulation 25(b) of S.R. 1988 No. 146

[^f00025]: Regulation 66A was inserted by regulation 4(7) of S.R. 1990 No. 297

[^f00029]: Schedule 1B was inserted by regulation 22, and Schedule 1 to, S.R. 1996 No. 199

[^f00030]: 1962 c. 12

[^f00031]: S.I. 1999/1494

[^f00032]: S.I. 1999/1131 (s. 91)

[^f00033]: Paragraph 36 was amended by regulation 20(d) of S.R. 1990 No. 131, regulation 4(4) of S.R. 1990 No. 305 and regulation 7 of S.R. 1996 No. 93

[^f00034]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1999 No. 317 and S.R. 2000 No. 222

Editorial notes

[^key-19e9374c9f88f5e7fc066615b265a330]: Reg. 1 in operation at 1.8.2000, see reg. 1(1)(a)

[^key-8dbab9cf1e83275a1279a3d29649902d]: Reg. 2 in operation at 1.8.2000 for specified purposes, see reg. 1(1)(b)(i)

[^key-ea3a4ee2dd150eeac9bf30af6737d73f]: Reg. 3 in operation at 1.8.2000 for specified purposes, see reg. 1(1)(b)(i)

[^key-be3375bf04151a6bbda6b1580885cec9]: Reg. 2 in operation at 28.8.2000 in so far as not already in operation, see reg. 1(1)(b)(ii)

[^key-be2213cda2909825981520682d618ec1]: Reg. 3 in operation at 28.8.2000 in so far as not already in operation, see reg. 1(1)(b)(ii)

[^key-8bd5b7112347f4ff6bb8ab98a8db3cd4]: Reg. 4 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.