# The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008, Regulation 4: Amendment of the Jobseeker’s Allowance Regulations

Extent: N.I.

(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (9).
(2) In regulation 1(2) (citation, commencement and interpretation)—
(a) omit the definitions of—
(i) “the Independent Living Fund”;
(ii) “the Independent Living Funds”;
(iii) “the Independent Living (Extension) Fund”, and
(iv) “the Independent Living (1993) Fund”;
(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) (No. 2) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 as the case may be;”; and
(c) in the definition of “training allowance” omit “sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In regulation 97(1) (calculation of weekly amount of income)—
(a) after “other than earnings)” insert “and regulation 96(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 105(10A)(a) (notional income);
(b) regulation 110(10)(c) (income treated as capital);
(c) regulation 113(3A)(a) (notional capital);
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) paragraph 17(8)(b) of Schedule 2 (housing costs);
(f) paragraphs 22(2) and 41(1) of Schedule 6 (sums to be disregarded in the calculation of income other than earnings); and
(g) paragraphs 27(1) and 31 of Schedule 7 (capital to be disregarded),
for “Funds” substitute “Fund (2006)”.
(6) In regulation 130 (interpretation)—
(a) in paragraph (c) of the definition of “standard maintenance grant” omit “and paid under the Further and Higher Education (Scotland) Act 1992”; and
(b) in the definition of “student loan” for “the Students’ Allowances (Scotland) Regulations 1999” substitute “the Students’ Allowances (Scotland) Regulations 2007”.
(7) In regulation 136 (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 2 (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 a 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 13(3) (linking rule) omit “provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 or”;
(c) in paragraph 15(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 17(7)(b) (non-dependant deductions) substitute—
“(b) if he is in receipt of an allowance paid in connection with training 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 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;”.
(9) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) omit paragraph 44.

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Source: https://www.legislation.gov.uk/nisr/2008/428/regulation/4 (the official version)
Page: https://openlegislation.uk/social-security-miscellaneous-amendments-no-5-regulations-northern-ireland-2008/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.