The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 262

Housing; Rates; Social Security

The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

Made

23rd June 2008

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(1), sections 5(1)(hh) and (k) and 165(1), (4) and (6) of the Social Security Administration (Northern Ireland) Act 1992(2) and Articles 14(1) to (3) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995(3), and now vested in it(4).

Regulation 5 is made with the consent of the Department of Finance and Personnel(5).

The Social Security Advisory Committee has agreed that proposals in respect of regulation 5 should not be referred to it(6)

Citation commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraph (2) and (3), shall come into operation on 1st August 2008.

(2) Regulations 2, 4 and 5 shall come into operation—

(a)in the case of a person whose period of study begins on or after 1st August 2008 but before 1st September 2008, on the day the period of study begins; and

(b)in any other case, on 1st September 2008.

(3) Regulation 3 shall come into operation on 25th August 2008.

(4) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(7);

“period of study”(8) for the purposes of paragraph (2) has the same meaning as in regulation 61 of the Income Support Regulations.

(5) The Interpretation Act (Northern Ireland) 1954(9) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1Reg. 1 in operation at 1.8.2008, see reg. 1(1)

Amendment of the Income Support RegulationsN.I.

2.—(1) The Income Support Regulations are amended in accordance with paragraphs (2) to (4).

(2) In regulation 40 (calculation of income other than earnings)—

(a)in paragraph (3A)(10) for “Paragraph (3AA) applies” substitute “Paragraphs (3AA) and (3AAA) apply”;

(b)in paragraph (3AA) at the beginning insert “Where a relevant payment is made quarterly,”;

(c)after paragraph (3AA) insert—

“(3AAA) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula in paragraph (3AA) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 66A(5).”; and

(d)in paragraph (3AB)—

(i)for “paragraphs (3A) and (3AA)” substitute “ this regulation”, and

(ii)for the definition of “assessment period” substitute—

““assessment period” means—

(a)

in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;

(b)

in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—

(i)

the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

(ii)

the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

whichever of those dates is earlier;

“quarter” in relation to an assessment period means a period in that year beginning on (and including)—

(a)

1st January and ending on 31st March;

(b)

1st April and ending on 30th June;

(c)

1st July and ending on 31st August; or

(d)

1st September and ending on 31st December;”.

F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 1.8.2008 for specified purposes, see reg. 1(2)(a)

I3Reg. 2 in operation at 1.9.2008 in so far as not already in operation, see reg. 1(2)(b)

Amendment of the Social Security (Claims and Payments) RegulationsN.I.

3.  In regulation 32(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(11) (information to be given and changes to be notified)—

(a)in sub-paragraph (a) for “at the end of an assessed income period, the information and evidence required” substitute “in connection with the setting of a new assessed income period, the information and evidence which the Department may require”; and

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 3 in operation at 25.8.2008, see reg. 1(3)

Amendment of the Jobseeker’s Allowance RegulationsN.I.

4.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(12) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 103 (calculation of income other than earnings)—

(a)in paragraph (5)(13) for “Paragraph (5ZA) applies” substitute “Paragraphs (5ZA) and (5AZA) apply”;

(b)in paragraph (5ZA) at the beginning inset “Where a relevant payment is made quarterly”;

(c)after paragraph (5ZA) insert—

“(5AZA) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula in paragraph (5ZA) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 136(5).”; and

(d)in paragraph (5ZB)—

(i)for “paragraphs (5) and (5ZA)” substitute “this regulation”, and

(ii)for the definition of “assessment period” substitute—

““assessment period” means—

(a)

in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;

(b)

in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—

(i)

the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

(ii)

the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

whichever of those dates is earlier;

“quarter” in relation to an assessment period means a period in that year beginning on (and including)—

(a)

1st January and ending on 31st March;

(b)

1st April and ending on 30th June;

(c)

1st July and ending on 31st August; or

(d)

1st September and ending on 31st December;”.

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Reg. 4 in operation at 1.8.2008 for specified purposes, see reg. 1(2)(a)

I6Reg. 4 in operation at 1.9.2008 in so far as not already in operation, see reg. 1(2)(b)

Amendment of the Housing Benefit RegulationsN.I.

5.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(14) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 37 (calculation of income other than earnings)—

(a)in paragraph (5) for “Paragraph (6) applies” substitute “Paragraphs (6) and (6A) apply”;

(b)in paragraph (6) at the beginning insert “Where a relevant payment is made quarterly,”;

(c)after paragraph (6) insert—

“(6A) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula in paragraph (6) but as if—

A =the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 61(5).”; and

(d)in paragraph (7)—

(i)for “paragraphs (5) and (6)” substitute “this regulation”, and

(ii)for the definition of “assessment period” substitute—

““assessment period” means—

(a)

in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;

(b)

in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—

(i)

the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or

(ii)

the last day of the last quarter for which an instalment of the relevant payment was payable to that person,

whichever of those dates is earlier;

“quarter” in relation to an assessment period means a period in that year beginning on—

(a)

1st January and ending on 31st March;

(b)

1st April and ending on 30th June;

(c)

1st July and ending on 31st August; or

(d)

1st September and ending on 31st December;”.

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I7Reg. 5 in operation at 1.8.2008 for specified purposes, see reg. 1(2)(a)

I8Reg. 5 in operation at 1.9.2008 in so far as not already in operation, see reg. 1(2)(b)

Sealed with the Official Seal of the Department for Social Development on 23rd June 2008

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 5.

Sealed with the Official Seal of the Department of Finance and Personnel on 25th June 2008

(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 a number of different regulations relating to social security.

Regulations 2, 4 and 5 amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit Regulations (Northern Ireland) 2006 in so far as they relate to students and sums to be disregarded in the calculation of their entitlement to benefit. The amendments provide—

  • for increases in the amounts of grant and loan income to be disregarded in respect of travel costs and the costs of books and equipment;

  • that where student loans are paid on the basis of two or more instalments in a quarter and the student abandons or is dismissed from his course, the loan payment is taken into account for an appropriate period for the purposes of a benefit claim.

Regulation 3 amends regulation 32(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 so as to give the Department discretion as to the circumstances in which it may require information or evidence to be notified in connection with the setting of a new assessed income period in state pension credit cases.

In so far as these Regulations are required, for the purposes of regulation 5, 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.

(1)

1992 c. 7; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

1992 c. 8; section 5(1)(hh) was inserted by Article 70 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and amended by paragraph 21 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)), section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 165(6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998

(3)

S.I. 1995/2705 (N.I. 15); Article 36(2) was amended by paragraph 55 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(4)

See Article 8(b) of S.R. 1999 No. 481

(5)

See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

(6)

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(8)

The definition of “period of study” was amended by regulation 8(b) of S.R. 1991 No. 338 and regulation 2(2)(c) of S.R. 2000 No. 242

(10)

Paragraphs (3A), (3AA) and (3AB) were substituted for paragraph (3A) by regulation 5(1) of S.R. 2001 No. 278

(11)

S.R. 1987 No. 465; regulation 32(6) was amended by regulation 11(b) of S.R. 2003 No. 191 and regulation 4 of S.R. 2003 No. 421

(13)

Paragraphs (5), (5ZA) and (5ZB) were substituted for paragraph (5) by regulation 5(2) of S.R. 2001 No. 278; paragraph (5ZB) was amended by regulation 7(2)(c) of S.R. 2002 No. 222

(14)

S.R. 2006 No. 405; relevant amending Regulation is S.R. 2007 No. 298