The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

Amount of support

110.—(1) Subject to paragraph (2) and regulation 116(6), the amount of support payable in respect of an academic year is determined as follows—

(a) if at the date of the eligible distance learning student’s application the student or the student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) to income support or housing benefit;

(ii) under Part II of the Jobseekers (Northern Ireland) Order 1995(2) to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950(3) to training allowance or training premium; or

(iii) under Part 1 of the Welfare Reform Act (Northern Ireland) 2007(4) to an income-related employment and support allowance;

the maximum amount of support available under regulation 109(1) is payable;

(b) where the relevant income is less than £16,843, the maximum amount of support available under regulation 109(1) is payable;

(c) where the relevant income is £16,843, the maximum amount of support available under regulation 109(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109(1)(a);

(d) where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is £50;

(f) where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 109(1)(b) is payable and no support is payable under regulation 109(1)(a);

(g) where the relevant income is £26,030 or more but less than £28,067, the amount of support payable under regulation 109(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no support is payable under regulation 109(1)(a);

(h) where the relevant income is £28,067, the amount of support payable under regulation 109(1)(b) is £50, and no support is payable under regulation 109(1)(a);

(i) where the relevant income exceeds £28,067, no support is payable under regulation 109(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 109(1)(a) is determined by deducting from the maximum amount of support available under regulation 109(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £7.59 by which the relevant income exceeds £16,843; or

(b) where the actual fees are less than £1,230, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,230 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109(1)(a) is payable).

(1)

1992 c.7; Part VII was amended by paragraph 4 of Schedule 4 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) (transitory modifications), paragraph 5 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992 No. 3204 (N.I. 20)), Article 3(2) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993 No. 1579 (N.I. 8)), paragraph 31 of Schedule 1 and 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994 No. 1898 (N.I. 12)), paragraphs 13, 14, 15 and 18 of Schedule 2 and Schedule 3 to the Jobseeekers (Northern Ireland) Order 1995 (S.I. 1995 No. 2705 (N.I. 15)), paragraph 26 of Schedule 8 to the Welfare Reform and Pension (Northern Ireland) Order 1999 (S.I. 1999 No. 3147 (N.I. 11)), paragraphs 2, 3 and 4 of Schedule 2 of the State Pension Credit Act (Northern Ireland) 2002 (c. 14), Schedule 6 to the Tax Credit Act 2002 (c. 21), Article 8 of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002 No. 3154 (N.I. 8)), paragraph 200 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraphs 96 to 99 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), Section 30(2) of and, paragraph 3 of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and Article 18 of the Social Security Benefits Up-rating Order (Northern Ireland) 2009 (S.R. 2009 No. 89).

(2)

S.I. 1995/2705 (N.I. 15); Part II was modified by regulations 159 and 160 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) and was amended by Schedule 1 to the Employments Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 N.I. 16)), Schedules 6 and 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Schedules 3, 7, 8 and 10 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2), Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 1 to the National Insurance Contributions Act 2002 (c.19), Schedule 6 to the Income Tax (Earning and Pensions) Act 2003 (c.1), Schedule 24 to the Civil Partnership Act 2004 (c.33) and paragraph 2 of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006 No. 37)

(3)

1950 c. 29 (N.I.) Section 1(1) was substituted and sub-sections 1(A), 1(B) and 1(C) inserted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(4)

N.I. 2007 (c.2)