# The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008, Regulation 2: Amendment of the Income Support (General) Regulations

Extent: N.I.

(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended in accordance with paragraphs (2) to (10).
(2) In regulation 2(1) (interpretation)—
(a) omit the definitions of—
(i) “community charge benefit”;
(ii) “the Independent Living Fund”;
(iii) “the Independent Living Funds”;
(iv) “the Independent Living (Extension) Fund”, and
(v) “the Independent Living (1993) Fund”;
(b) in the definition of “non-dependant deduction” for “paragraph 11” substitute “paragraph 18”;
(c) in the definition of “training allowance”—
(i) for “Department of Economic Development” in each place where it occurs, substitute “Department for Employment and Learning”, and
(ii) omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”; and
(d) in the definition of “youth training programme” omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In regulation 32(1) (calculation of weekly amount of income)—
(a) after “other than earnings)” insert “and regulations 31(3) (date on which income is treated as paid)” and after “a payment” insert “of income or tax credit”; and
(b) for sub-paragraph (b)(iii) substitute—
“(iii) in a case where that period is a year and the payment is an award of working tax credit, by dividing the payment by the number of days in the year and multiplying the result by 7; and
(iiia) in a case where that period is a year and the payment is income other than an award of working tax credit, by dividing the amount of the payment by 52;”.
(5) In—
(a) regulation 42(4ZA)(a) (notional income);
(b) regulation 48(10)(c) (income treated as capital);
(c) regulation 51(3A)(a) (notional capital);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) paragraph 18(8)(b) of Schedule 3 (housing costs);
(f) paragraphs 21(2) and 39(1) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and
(g) paragraph 22(1)of Schedule 10 (capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
(6) In regulation 61(1) (interpretation)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the definition of “sandwich course” substitute—
““sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations (Northern Ireland) 2008, regulation 2(10) of the Education (Student Support) Regulations (No. 2) 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, as the case may be;”;
(c) in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and
(d) in the definition of “student loan” for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007”.
(7) In regulation 66A (treatment of student loans)—
(a) in paragraph (1) omit “unless it is a hardship loan in which case it shall be disregarded”; and
(b) omit paragraph (1A).
(8) In Schedule 3 (housing costs)—
(a) in paragraph 4(10)(b) (housing costs not met) for “children” substitute “persons” and for “who belong to the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”;
(b) in paragraph 14(3) (linking rule) omit “under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945”;
(c) in paragraph 16(2)(l) (loans for repairs and improvements to the dwelling occupied as the home) for “children” substitute “persons” and for “who are part of the same family as the claimant” substitute “but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible”; and
(d) for paragraph 18(7)(b) (non-dependant deductions) substitute—
“(b) if he is in receipt of an allowance paid in connection with a youth training programme provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950.”.
(9) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 45.
(10) In Schedule 10 (capital to be disregarded) in paragraph 29 omit “, the Independent Living (1993) Fund”.

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Source: https://www.legislation.gov.uk/nisr/2008/428/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-5-regulations-northern-ireland-2008/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.