2002 No. 270

HOUSING; RATES; SOCIAL SECURITY

The Social Security (Students and Income-Related Benefits Amendment No. 2) Regulations (Northern Ireland) 2002

Made

Coming into operation

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(a) and (d), 132(4)(b) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and Article 14(4)(b) of the Jobseekers (Northern Ireland) Order 19952 and now vested in it3, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel4, in so far as regulation 2(1) and (2)(a) are concerned, and after agreement by the Social Security Advisory Committee that proposals in respect of that regulation should not be referred to it5, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security (Students and Income-Related Benefits Amendment No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 2nd September 2002.

2

The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Assembly.

Calculation of grant income2

1

For sub-paragraphs (a) to (c) of each of the provisions specified in paragraph (2) there shall be substituted the following sub-paragraphs –

a

any grant of £255 for an only or eldest dependant child payable under regulation 16(1)(c) of the Education (Student Support) Regulations (Northern Ireland) 20027 (grants for dependants);

b

any grant of £510 in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 16(8) of those Regulations;

c

any grant for childcare costs payable under regulation 17 of those Regulations (grants for dependants – childcare costs);

2

The provisions specified for the purposes of paragraph (1) (which relate to the calculation of grant income) are –

a

regulation 53(2B) of the Housing Benefit (General) Regulations (Northern Ireland) 19878;

b

regulation 62(2B) of the Income Support (General) Regulations (Northern Ireland) 19879;

c

regulation 131(3A) of the Jobseeker’s Allowance Regulations (Northern Ireland) 199610.

Sealed with the Official Seal of the Department for Social Development on 27th August 2002.

Bryan DavisSenior Officer of theDepartment for Social Development

The Department of Finance and Personnel hereby consents to regulation 2(1) and (2)(a) of the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 27th August 2002

N. TaylorSenior Officer of theDepartment of Finance and Personnel

(This note is not part of the Regulations.)

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

In particular, they increase the disregard for grants paid for an eldest or dependant child and in respect of expenditure on travel, books and equipment (to £255 and £510 respectively) under the Education (Student Support) Regulations (Northern Ireland) 2002 and make consequential amendments to references to those Regulations.

In so far as these Regulations are required, for the purposes of regulation 2(1) and (2)(a), to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 Act”), 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, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.