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The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2001

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Treatment of loan income of former students

5.—(1) For regulation 40(3A) of the Income Support Regulations(1) (calculation of income other than earnings) there shall be substituted the following paragraphs—

(3A) Paragraph (3AA) applies where—

(a)a relevant payment has been made to a person in an academic year, and

(b)that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

(3AA) 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—

where—

  • A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 66A(5);

  • B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;

  • C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 66A(2) had the person not abandoned, or been dismissed from, his course and, in the case of a person who was not entitled to income support immediately before he abandoned, or was dismissed from, his course, had that person, at that time, been entitled to income support;

  • D = the number of benefit weeks in the assessment period.

(3AB) In paragraphs (3A) and (3AA)—

  • “academic year” and “student loan” shall have the same meanings as for the purposes of Chapter VIII (students);

  • “assessment period” means 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 and for the purposes of this definition “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001;

  • “relevant payment” means either a student loan or an amount intended for the maintenance of dependents referred to in regulation 62(3B) or both..

(2) For regulation 103(5) of the Jobseeker’s Allowance Regulations(2) (calculation of income other than earnings) there shall be substituted the following paragraphs—

(5) Paragraph (5ZA) applies where—

(a)a relevant payment has been made to a person in an academic year, and

(b)that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

(5ZA) 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—

where—

  • A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 136(5);

  • B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;

  • C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 136(2) had the person not abandoned, or been dismissed from, his course and, in the case of a person who was not entitled to a jobseeker’s allowance immediately before he abandoned, or was dismissed from, his course, had that person, at that time, been entitled to a jobseeker’s allowance;

  • D = the number of benefit weeks in the assessment period.

(5ZB) In paragraphs (5) and (5ZA)—

  • “academic year” and “student loan” shall have the same meanings as for the purposes of Chapter IX (students);

  • “assessment period” means 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 and for the purposes of this definition “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001;

  • “relevant payment” means either a student loan or an amount intended for the maintenance of dependents referred to in regulation 131(5A) or both..

(3) For regulation 33(3A) of the Housing Benefit Regulations(3) (calculation of income other than earnings) there shall be substituted the following paragraphs—

(3A) Paragraph (3B) applies where—

(a)a relevant payment has been made to a person in an academic year, and

(b)that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

(3B) 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—

where—

  • A = the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 57A(5);

  • B = the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week which includes the day on which the person abandoned, or was dismissed from, his course;

  • C = the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 57A(2) had the person not abandoned, or been dismissed from, his course and, in the case of a person who was not entitled to housing benefit immediately before he abandoned, or was dismissed from, his course, had that person, at that time, been entitled to housing benefit;

  • D = the number of benefit weeks in the assessment period.

(3C) In paragraphs (3A) and (3B)—

  • “academic year” and “student loan” shall have the same meanings as for the purposes of Part VII (students);

  • “assessment period” means the period beginning with the benefit week immediately following that 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 and for the purposes of this definition “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2001;

  • “relevant payment” means either a student loan or an amount intended for the maintenance of dependents referred to in regulation 53(3B) or both..

(1)

Paragraph (3A) was inserted by regulation 4(4)(b) of S.R. 1990 No. 297 and was amended by regulation 8 of S.R. 1991 No. 46, regulation 5(3) of S.R. 1997 No. 412 and by the Schedule to S.R. 2000 No. 241

(2)

Paragraph (5) was amended by regulation 5(11) of S.R. 1997 No. 130

(3)

Paragraph (3A) was inserted by regulation 3(4)(b) of S.R. 1990 No. 297 and amended by regulation 4 of S.R. 1991 No. 47

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