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The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

S.R. 2008/262 · Made 23 June 2008 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 17 April 2012.

Housing; Rates; Social Security

Made 23rd June 2008

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, sections 5(1)(hh) and (k) and 165(1), (4) and (6) of the Social Security Administration (Northern Ireland) Act 1992f2 and Articles 14(1) to (3) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995f3, and now vested in itf4.

Regulation 5 is made with the consent of the Department of Finance and Personnelf5.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 5 should not be referred to itf6

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

1992 c. 8; section 5(1)(hh) was inserted by Article 70 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by paragraph 21 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 165(6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998

f3

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

f4

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

f5

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

f6

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 Social Security (Claims and Payments) Regulations
  4. 4Amendment of the Jobseeker’s Allowance Regulations
  5. 5Amendment of the Housing Benefit Regulations
  6. Signature
  7. Explanatory note

1Citation commencement and interpretationI1

(1)

These Regulations may be cited as the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraph (2) and (3), shall come into operation on 1st August 2008.

(2)

Regulations 2, 4 and 5 shall come into operation—

(a)

in the case of a person whose period of study begins on or after 1st August 2008 but before 1st September 2008, on the day the period of study begins; and

(b)

in any other case, on 1st September 2008.

(3)

Regulation 3 shall come into operation on 25th August 2008.

(4)

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.

(5)

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 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 40 (calculation of income other than earnings)—

(a)

in paragraph (3A)f1 for “Paragraph (3AA) applies” substitute “Paragraphs (3AA) and (3AAA) apply”;

(b)

in paragraph (3AA) at the beginning insert “Where a relevant payment is made quarterly,”;

(c)

after paragraph (3AA) insert—

“(3AAA)

Where a relevant payment is made by two or more instalments in a quarter, 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 in paragraph (3AA) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 66A(5).

”; and

(d)

in paragraph (3AB)—

(i)

for “paragraphs (3A) and (3AA)” substitute “ this regulation”, and

(ii)

for the definition of “assessment period” substitute—

  • ““assessment period” means—

    1. (a)

      in a case where a relevant payment is made quarterly, 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;

    2. (b)

      in a case where the relevant payment is made by two or more instalments in a quarter, 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—

      1. (i)

        the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

      2. (ii)

        the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

      whichever of those dates is earlier;

  • “quarter” in relation to an assessment period means a period in that year beginning on (and including)—

    1. (a)

      1st January and ending on 31st March;

    2. (b)

      1st April and ending on 30th June;

    3. (c)

      1st July and ending on 31st August; or

    4. (d)

      1st September and ending on 31st December;”.

F1(3)

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

(4)

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

3Amendment of the Social Security (Claims and Payments) RegulationsI1

In regulation 32(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987f1 (information to be given and changes to be notified)—

(a)

in sub-paragraph (a) for “at the end of an assessed income period, the information and evidence required” substitute “in connection with the setting of a new assessed income period, the information and evidence which the Department may require”; and

F1(b)

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

4Amendment of the Jobseeker’s Allowance RegulationsI1I2

(1)

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

(2)

In regulation 103 (calculation of income other than earnings)—

(a)

in paragraph (5)f2 for “Paragraph (5ZA) applies” substitute “Paragraphs (5ZA) and (5AZA) apply”;

(b)

in paragraph (5ZA) at the beginning inset “Where a relevant payment is made quarterly”;

(c)

after paragraph (5ZA) insert—

“(5AZA)

Where a relevant payment is made by two or more instalments in a quarter, 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 in paragraph (5ZA) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 136(5).

”; and

(d)

in paragraph (5ZB)—

(i)

for “paragraphs (5) and (5ZA)” substitute “this regulation”, and

(ii)

for the definition of “assessment period” substitute—

  • ““assessment period” means—

    1. (a)

      in a case where a relevant payment is made quarterly, 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;

    2. (b)

      in a case where the relevant payment is made by two or more instalments in a quarter, 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—

      1. (i)

        the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

      2. (ii)

        the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

      whichever of those dates is earlier;

  • “quarter” in relation to an assessment period means a period in that year beginning on (and including)—

    1. (a)

      1st January and ending on 31st March;

    2. (b)

      1st April and ending on 30th June;

    3. (c)

      1st July and ending on 31st August; or

    4. (d)

      1st September and ending on 31st December;”.

F1(3)

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

(4)

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

5Amendment of the Housing Benefit RegulationsI1I2

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 are amended in accordance with paragraphs (2) to (4).

(2)

In regulation 37 (calculation of income other than earnings)—

(a)

in paragraph (5) for “Paragraph (6) applies” substitute “Paragraphs (6) and (6A) apply”;

(b)

in paragraph (6) at the beginning insert “Where a relevant payment is made quarterly,”;

(c)

after paragraph (6) insert—

“(6A)

Where a relevant payment is made by two or more instalments in a quarter, 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 in paragraph (6) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 61(5).

”; and

(d)

in paragraph (7)—

(i)

for “paragraphs (5) and (6)” substitute “this regulation”, and

(ii)

for the definition of “assessment period” substitute—

  • ““assessment period” means—

    1. (a)

      in a case where a relevant payment is made quarterly, 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;

    2. (b)

      in a case where the relevant payment is made by two or more instalments in a quarter, 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—

      1. (i)

        the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

      2. (ii)

        the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

      whichever of those dates is earlier;

  • “quarter” in relation to an assessment period means a period in that year beginning on—

    1. (a)

      1st January and ending on 31st March;

    2. (b)

      1st April and ending on 30th June;

    3. (c)

      1st July and ending on 31st August; or

    4. (d)

      1st September and ending on 31st December;”.

F1(3)

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

(4)

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

Signature

Sealed with the Official Seal of the Department for Social Development on 23rd June 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 5.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th June 2008

(L.S.)

Adrian Arbuthnot

A senior officer of the Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations)

These Regulations amend a number of different regulations relating to social security.

Regulations 2, 4 and 5 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 in so far as they relate to students and sums to be disregarded in the calculation of their entitlement to benefit. The amendments provide—

  • for increases in the amounts of grant and loan income to be disregarded in respect of travel costs and the costs of books and equipment;

  • that where student loans are paid on the basis of two or more instalments in a quarter and the student abandons or is dismissed from his course, the loan payment is taken into account for an appropriate period for the purposes of a benefit claim.

Regulation 3 amends regulation 32(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so as to give the Department discretion as to the circumstances in which it may require information or evidence to be notified in connection with the setting of a new assessed income period in state pension credit cases.

In so far as these Regulations are required, for the purposes of regulation 5, 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.