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The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend—

the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459) (regulation 2),

the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) (regulation 3),

the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28) (regulation 4),

the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405) (regulation 5),

the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 406) (regulation 6),

the Employment and Support Allowance Regulations (Northern Ireland) 2008 (S.R. 2008 No. 280) (regulation 7),

the Universal Credit Regulations (Northern Ireland) 2016 (S.R. 2016 No. 216) (regulation 8), and

the Universal Credit (Transitional Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 226) (regulation 9).

Regulations 2(2) to (5) and (10) to (12), 3(2) to (5) and (10) to (12), 4(2) to (4)(a), 5(2) to (5) and (10), (11) and (12)(b) and (c), 6(2) to (4)(a), 7(2) to (5) and (10) to (12) and 8(5) make amendments that provide for payments to a benefit recipient from the National Emergencies Trust, the Child Migrants Trust or in relation to the fire at Grenfell Tower on 14th June 2017 to be disregarded and not taken into account for the purposes of calculating benefit entitlement. The National Emergencies Trust launches public appeals in response to domestic disasters and emergencies, and coordinates the distribution of funds raised to victims and their families. The Child Migrants Trust makes payments to former British child migrants, who were separated from their families and sent overseas as part of the UK government’s historic participation in child migration programmes.

Regulations 4(4)(b) and (c), 5(12)(a), 6(4)(b) and (c) and 9 make amendments that provide for compensatory payments made for an assessment of a claimant’s entitlement to contributory employment and support allowance (under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance) being prevented or delayed to be disregarded and not taken into account for the purposes of calculating entitlement to other benefits.

Regulations 2(6) to (9), 3(6) to (9), 5(6) to (9), 7(6) to (9) and 8(2) to (4) and (6) make amendments in relation to student finance. A definition of “postgraduate loan” is inserted and references to such loans are added where appropriate. The definition of “postgraduate loan” includes any loan for a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998 (c. 30). 30% of the maximum amount of any such loan that a student could acquire is to be taken into account in calculating the student’s income for the purposes of determining the amount of an award of benefit.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen.

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