The Social Security (Students and Income-Related Benefits Amendment) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”), the Income Support (General) Regulations (Northern Ireland) 1987 (“the Income Support Regulations”) and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (“the Jobseeker’s Allowance Regulations”).

In particular, they make various amendments to the rules on the treatment of students in relation to those benefits. The definitions of “grant”, “period of study” and “sandwich course” are amended and a definition of “access fund” is inserted (regulations 2(2), 3(2) and (4) and 4(2)). The amounts disregarded in respect of books and equipment and travel costs are increased from “£250” to “£255” and from “£303” to “£311” respectively (regulations 2(3)(b) and (4)(c), 3(5)(b) and (6)(c) and 4(5)(a) and (7)(c)).

Amendments are made to the rule apportioning student loans and grants for the maintenance of dependents so that, in some circumstances, those grants are to be apportioned over the same period as student loans (regulations 2(3)(d) and (e) and (4)(b), 3(5)(d) and (e) and (6)(b) and 4(5)(b) and (c) and (7)(b)). Specific rules are introduced about disregards applicable to payments from access funds (regulations 2(5), (6) and (8), 3(7), (8) and (9) and 4(8), (9) and (10)). Hardship loans are to be disregarded as income (regulations 2(4)(a), 3(6)(a) and 4(7)(a)).

The Housing Benefit Regulations are amended so as to disregard as income, grants for school meals for dependents or meals for dependent children aged 3 or 4 (regulation 4(6)). The deductions from rent that can be made in calculating eligible rent are increased (regulation 4(4)). The description of students with a disability by reason of deafness has been updated in the Income Support Regulations and the Housing Benefit Regulations (regulations 2(7) and 4(3)).

The amendments made to the Income Support Regulations and the Jobseeker’s Allowance Regulations by the Income Support (General) and Jobseeker’s Allowance (Amendment) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 222) are undone (regulations 2(3)(a) and (c) and 3(5)(a) and (c)). This is because the amendments made by those Regulations are only intended to have application in respect of the period commencing on 26th June 2000 and ending on the day the period of study begins (if it begins on or after 1st August and before 28th August) or on 28th August 2000 in any other case.

In so far as these Regulations are required, for the purposes of regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), 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 Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.