The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2004

Amendment of the Housing Benefit Regulations in relation to income and capital disregards

4.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 46(1)(1) (interpretation), in the definition of “grant” after “a payment from access funds” there shall be added “or any payment to which paragraph 10 of Schedule 4 or paragraph 58 of Schedule 5 applies”.

(3) For paragraph 10 of Schedule 4(2) (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph –

“10.— (1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 (provisions of awards by boards).

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986(3) (provision of awards by Department), in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.

(4) For paragraph 58 of Schedule 5(4) (capital to be disregarded), there shall be substituted the following paragraph –

“58.— (1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.

(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.

(1)

Regulation 46 was renumbered as 46(1) by regulation 2(2) of S.R. 2000 No. 241 and the definition of “grant” was substituted by regulation 4(2)(b) of S.R. 2000 No. 242

(2)

Paragraph 10 was substituted by regulation 2(1) and 2(2)(a) of S.R. 2000 No. 2

(3)

S.I. 1986/594 (N.I. 3); Article 50 was amended by Article 9 of and Schedule to the Education (Student Support) (Northern Ireland) Order 1998 (S.I. 1998/1760 (N.I. 14)) and Article 51 was substituted by Article 43 of and Schedule 5 to the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))

(4)

Paragraph 58 was added by regulation 2(3) and (4)(a) of S.R. 2000 No. 2