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The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2006

S.R. 2006/301 · Made 4 July 2006 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2007.

HOUSING; RATES; SOCIAL SECURITY

Made 4th July 2006

Coming into operation in accordance with regulation 1

The Department for Social Development makes the following Regulations in exercise of the powers conferred 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 1992f1 and Articles 14(1) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f2, and now vested in itf3.

Regulation 3 is made with the consent of the Department of Finance and Personnelf4.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 3 should not be referred to itf5.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

f2

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)

f3

See Article 8(b) of S.R. 1999 No. 481

f4

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

f5

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Income Support Regulations
  3. 3Amendment of the Housing Benefit (General) Regulations Repealed
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2006 and, subject to paragraph (2), shall come into operation on 1st August 2006.

(2)

Regulations 2 to 5 shall come into operation—

(a)

in the case of a person whose period of study begins on or after 1st August 2006 but before 1st September 2006, on the day the period of study begins; and

(b)

in any other case, on 1st September 2006.

(3)

In these Regulations—

  • “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987f1;

  • “period of study”f2 for the purposes of paragraph (2) has the same meaning as in regulation 61 of the Income Support Regulations.

(4)

The Interpretation Act (Northern Ireland) 1954f3 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Income Support RegulationsI1I2

(1)

The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).

F1(2)

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

(3)

Omit regulation 62(2B)f1.

(4)

After regulation 66B insert—

“Treatment of fee loans

66C

A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998f2, section 22 of the Teaching and Higher Education Act 1998f3 or section 73(f) of the Education (Scotland) Act 1980f4, shall be disregarded as income.”.

3Amendment of the Housing Benefit (General) RegulationsF1

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

4Amendment of the Jobseeker’s Allowance RegulationsI1I2

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (4).

F1(2)

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

(3)

Omit regulation 131(3A)f2.

(4)

After regulation 136A insert—

“Treatment of fee loans

136B

A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.”.

5RevocationI1I2

The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2005f1 are revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 4th July 2006

L.S.

John O'Neill

A senior officer of the

Department for Social Development

The Department of Finance and Personnel consents to regulation 3.

Sealed with the Official Seal of the Department of Finance and Personnel on 4th July 2006

L.S.

Fiona Hamill

A senior officer of the

Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Income-related Benefits Regulations”) in so far as they relate to students and sums to be disregarded in the calculation of their entitlement to benefit under the Income-related Benefit Regulations.

The Income-related Benefits Regulations are amended to increase the amounts of grant and loan income to be disregarded in respect of travel costs and the costs of books and equipment and to take account of changes to the provision of support to students by introducing a disregard for tuition fee loans from the calculation of a student’s income.

These Regulations also:

  • remove an obsolete provision from the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 relating to a grant previously paid to certain students under certain legislation;

  • make a minor drafting change to the Housing Benefit (General) Regulations (Northern Ireland) 1987; and

  • make a consequential revocation.

In so far as these Regulations are required, for the purposes of regulation 3, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, 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, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.