# The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2009

S.R. 2009/261 · made 7 July 2009

These Regulations amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Jobseeker’s Allowance Regulations), the Housing Benefit Regulations (Northern Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 122, Section 132, Section 171); The Jobseekers (Northern Ireland) Order 1995 (Article 6, Article 14, Article 4, Article 36); Welfare Reform Act (Northern Ireland) 2007 (Section 17, Section 25)

PDFs: Printed copy https://openlegislation.uk/social-security-students-and-miscellaneous-amendments-regulations-northern-ireland-2009/pdf/nisr_20090261_en.pdf; Explanatory Memorandum https://openlegislation.uk/social-security-students-and-miscellaneous-amendments-regulations-northern-ireland-2009/pdf/nisrem_20090261_en.pdf

## Introductory text

Housing; Rates; Social Security
Made 7th July 2009
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 1992, Articles 6(5), 14(1) and 4(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it, and sections 17(1) and (3)(b) and 25(2) of the Welfare Reform Act (Northern Ireland) 2007.
Regulation 2(1), (2) and (3)(c) is made with the consent of the Department of Finance and Personnel.
The Social Security Advisory Committee has agreed that proposals in respect of regulation 2(1), (2) and (3)(c) should not be referred to it.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2009 and, subject to paragraph (2), shall come into operation on 1st August 2009.
(2) Regulations 2 and 4(a) and (c) shall come into operation—
(a) in the case of a person whose period of study begins on or after 1 August 2009 but before 1st September 2009, on the day the period of study begins; and
(b) in any other case, on 1st September 2009.
(3) In these regulations—
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;
“period of study” 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) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

## 2 Amendments in relation to the calculation of grant income

(1) In sub-paragraph (a) of each of the provisions specified in paragraph (3) for “£295” substitute “£303”.
(2) In sub-paragraph (b) of each of the provisions specified in paragraph (3) for “£380” substitute “£390”.
(3) The provisions specified for the purposes of paragraphs (1) and (2) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are—
(a) regulations 62(2A) and 66A(5) of the Income Support Regulations;
(b) regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations;
(c) regulations 56(3) and 61(5)(b) of the Housing Benefit Regulations; and
(d) regulations 132(3) and 137(6) of the Employment and Support Allowance Regulations.

## 3 Amendment of the Jobseeker’s Allowance Regulations

In column 1 of paragraph 1(3)(f) of Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts)—
(a) at the end of sub-paragraph (ii) for “and” substitute “or”; and
(b) for sub-paragraph (iii) substitute—
“(iii) satisfies requirements for entitlement to income support or would do so if he were not a member of a couple other than the requirement to make a claim for it; or
(iv) satisfies requirements for entitlement to an income-related employment and support allowance other than the requirement to make a claim for it;”.

## 4 Revocations

The following regulations are revoked—
(a) regulations 2(3) and (4), 4(3) and (4) and 5(3) and (4) of the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008;
(b) regulation 19(24)(b) of the Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008; and
(c) regulation 3(23) and (24) of the Employment and Support Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2008.

## Signature

Sealed with the Official Seal of the Department for Social Development on 7th July 2009
(L.S.)
Anne McCleary
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulation 2(1), (2) and (3)(c).
Sealed with the Official Seal of the Department of Finance and Personnel on 8th July 2009
(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 the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (Jobseeker’s Allowance Regulations), the Housing Benefit Regulations (Northern Ireland) 2006 and the Employment and Support Allowance Regulations (Northern Ireland) 2008.
Regulation 2 increases the amounts of grant and loan income to be disregarded in respect of travel costs and the costs of books and equipment.
Regulation 3 amends the Jobseeker’s Allowance Regulations so that couples, where one member is aged 18 or over and the other member is aged under 18, are entitled to same amount of personal allowance as a couple in similar circumstances claiming Income Support.
Regulation 4 makes consequential revocations.
In so far as these Regulations are required, for the purposes of regulation 2(1), (2) and (3)(c), 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.

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Source: https://www.legislation.gov.uk/nisr/2009/261 (the official version)
Page: https://openlegislation.uk/social-security-students-and-miscellaneous-amendments-regulations-northern-ireland-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.