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Regulation 2 Amendment of the Jobseeker’s Allowance RegulationsI1I2

Northern Ireland

(1)

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996f1 shall be amended in accordance with paragraphs (2) to (8).

(2)

In regulation 130 (interpretation of Chapter IX of Part VIII)—

F1(a)

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

(b)

for the definition of “year” there shall be substituted the following definitions—

  • ““student loan” means a loan towards a student’s maintenance pursuant to any 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 of the Education (Scotland) Act 1980f4;

  • “year”, in relation to a course, means the period of 12 months beginning on and including 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course 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.”.

(3)

In regulation 131 (calculation of grant income)—

(a)

in paragraph (2)(f)f5 the words from “or” to the end shall be omitted;

(b)

for paragraph (3) there shall be substituted the following paragraph—

“(3)

Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—

(a)

the sum of £250 in respect of travel costs, and

(b)

where no amount has been disregarded under paragraph (2)(f), the sum of £303 towards the cost of books and equipment,

whether or not any such costs are incurred.”.

(4)

In regulation 135(1) (other amounts to be disregarded) for “and 133(1)(a) or (b) (calculation of grant income and covenant income)” there shall be substituted “, 133(1)(a) or (b) and 136(5) (calculation of grant income, covenant income and treatment of student loans)”.

(5)

In regulation 136 (treatment of student loans)—

(a)

for paragraph (1) there shall be substituted the following paragraph—

“(1)

A student loan shall be treated as income.”;

(b)

for paragraph (3) there shall be substituted the following paragraphs—

“(3)

A student shall be treated as possessing a student loan in respect of an academic year where—

(a)

a student loan has been made to him in respect of that year, or

(b)

he could acquire such a loan in respect of that year by taking reasonable steps to do so.

(4)

Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—

(a)

in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so and either—

(i)

in the case of a student other than one to whom head (ii) refers, any contribution whether or not it has been paid to him, or

(ii)

in the case of a student who satisfies the additional conditions for a disability premium specified in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has actually been paid to him;

(b)

in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—

(i)

he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year, and

(ii)

no deduction in that loan was made by virtue of the application of a means test.

(5)

There shall be deducted from the amount of income taken into account under paragraph (4)—

(a)

the sum of £250 in respect of travel costs, and

(b)

where no amount has been disregarded under regulation 131(2)(f), the sum of £303 towards the cost of books and equipment,

whether or not any such costs are incurred.”.

(6)

In regulation 137 (disregard of contribution) after “grant” there shall be inserted “or student loan”.

(7)

In regulation 137Af6 (further disregard of student’s income) after “grant” there shall be inserted “or student loan”.

(8)

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 57(2)f7 for head (b) there shall be substituted the following heads—

“(b)

any student loan as defined in Chapter IX of Part VIII;

(c)

any contribution as defined in Chapter IX of Part VIII which—

(i)

is taken into account in ascertaining the amount of a student loan referred to in head (b), and

(ii)

has been paid.”.

Annotations

Textual amendments

F1

Reg. 2(2)(a) revoked (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 (S.R. 2009/92), reg. 1(1), Sch.

Commencement

I1

Reg. 2 in operation at 1.8.1999 for specified purposes, see reg. 1(1)(b)(i)

I2

Reg. 2 in operation at 30.8.1999 in so far as not already in operation, see reg. 1(1)(b)(ii)

Footnotes

f1

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1997 No. 222 and S.R. 1998 Nos. 81 and 204

f2

S.I. 1998/1760 (N.I. 14); see the Education (Student Support) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 192) for loans to students commencing courses after 1st September 1998 and the Education (Student Loans) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 58)

f3

1998 c. 30; see the Education (Student Support) Regulations 1999 (S.I. 1999/496) and the Education (Student Loans) Regulations 1998 (S.I. 1998/211)

f4

1980 c. 44; section 73(f) was amended by section 29(1) of the Teaching and Higher Education Act 1998 (c. 30); see the Education (Student Loans) (Scotland) Regulations 1999 (S.I. 1999/1001 (s. 71)) and the Education (Student Loans) Regulations 1998

f5

Regulation 131(2)(f) was amended by regulation 2(e) of S.R. 1998 No. 204

f6

Regulation 137A was inserted by regulation 3(3) of S.R. 1998 No. 81

f7

Paragraph 57 was added by regulation 2(3)(b) of S.R. 1997 No. 22