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The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2001

Type Ni-Statutory-Rule
Publication 2001-07-11
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 11th July 2001

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 132(3) and (4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and Article 14(1) and (4)(b) 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 regulations 2(1) and (2)(a), 3(1), (2) and (3)(a), (4)(a) and (5), 4(a), 5(3), 6(a) and 7 are 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

Definitions

2
  • “academic year” means the period of twelve months beginning on, and including, 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;

or (d) discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000[^f00010];

(c) in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980[^f00011], the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland[^f00012], or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority and paid under the Further and Higher Education (Scotland) Act 1992[^f00013];

Disregards and deductions

3

(b) the sum of £319 towards the costs of books and equipment,

the following paragraph—

  • There shall also be excluded from a student’s grant income—any grant of £250 for an only or eldest dependant child payable under regulation 15(1)(c) of the Education (Student Support) Regulations (Northern Ireland) 2001[^f00024] (grants for dependants);any grant of £500 in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 15(8) of those Regulations;any grant for childcare costs payable under regulation 16 of those Regulations (grants for dependants — childcare costs);any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice.

Treatment of student loans

4

After paragraph (2)(a)[^f00026] in—

there shall be inserted the following sub-paragraph—

(aa) in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week immediately following that which includes the first day of that academic year and ending with the benefit week which includes the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Department, the longest of any vacation is taken and for the purposes of this sub-paragraph “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001;

Treatment of loan income of former students

5

(3A) Paragraph (3AA) applies where— (a) a relevant payment has been made to a person in an academic year, and (b) that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment. (3AA) The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula— $$A-(B×C)D$where—A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 66A(5);B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 66A(2) had the person not abandoned, or been dismissed from, his course and, in the case of a person who was not entitled to income support immediately before he abandoned, or was dismissed from, his course, had that person, at that time, been entitled to income support;D = the number of benefit weeks in the assessment period.$ (3AB) In paragraphs (3A) and (3AA)— - “academic year” and “student loan” shall have the same meanings as for the purposes of Chapter VIII (students); - “assessment period” means the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001; - “relevant payment” means either a student loan or an amount intended for the maintenance of dependents referred to in regulation 62(3B) or both.

(5) Paragraph (5ZA) applies where— (a) a relevant payment has been made to a person in an academic year, and (b) that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment. (5ZA) The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula— $$A-(B×C)D$where—A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 136(5);B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 136(2) had the person not abandoned, or been dismissed from, his course and, in the case of a person who was not entitled to a jobseeker’s allowance immediately before he abandoned, or was dismissed from, his course, had that person, at that time, been entitled to a jobseeker’s allowance;D = the number of benefit weeks in the assessment period.$ (5ZB) In paragraphs (5) and (5ZA)— - “academic year” and “student loan” shall have the same meanings as for the purposes of Chapter IX (students); - “assessment period” means the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001; - “relevant payment” means either a student loan or an amount intended for the maintenance of dependents referred to in regulation 131(5A) or both.

NHS Dependent Grants

6

At the beginning of—

(calculation of grant income) there shall be inserted “Any grant paid in respect of dependents under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00032] (provisions relating to training) and”.

Grants for school meals

7

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

Signed

Sealed with the Official Seal of the Department for Social Development on 11th July 2001.

Bryan Davis — Senior Officer of the — Department for Social Development

The Department of Finance and Personnel hereby consents to regulations 2(1) and (2)(a), 3(1), (2) and (3)(a), (4)(a) and (5), 4(a), 5(3), 6(a) and 7 of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 11th July 2001.

William Pauley — 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 Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 in so far as those Regulations apply to students and former students.

In particular, they—

In so far as these Regulations are required, for the purposes of regulations 2(1) and (2)(a), 3(1), (2) and (3)(a), (4)(a) and (5), 4(a), 5(3), 6(a) and 7, 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 Work and Pensions 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)

[^f00003]: See Article 8(b) of 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)); see also Article 6(b) of S.R. 1999 No. 481

[^f00005]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 c. 8

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