The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2007

Statutory Rules of Northern Ireland

2007 No. 298

Housing; Rates; Social security

The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2007

Made

7th June 2007

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) and Articles 14(1) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995(2), and now vested in it(3).

Regulation 4 is made with the consent of the Department of Finance and Personnel(4).

The Social Security Advisory Committee has agreed that proposals in respect of regulation 4 should not be referred to it(5).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2007 and, subject to paragraph (2), shall come into operation on 1st August 2007.

(2) Regulations 2 to 5 shall come into operation—

(a) in the case of a person whose period of study begins on or after 1st August 2007 but before 1st September 2007, on the day the period of study begins; and

(b) in any other case, on 1st September 2007.

(3) In these Regulations—

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(6);

“period of study”(7) for the purposes of paragraph (2) has the same meaning as in regulation 61 of the Income Support Regulations.

(4) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Income Support Regulations

2.—(1) The Income Support Regulations are amended in accordance with paragraphs (2) and (3).

(2) In regulation 62(2A)(9) (calculation of grant income)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

(3) In regulation 66A(5)(10) (treatment of student loans)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

Amendment of the Jobseeker’s Allowance Regulations

3.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996(11) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 131(3)(12) (calculation of grant income)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

(3) In regulation 136(5)(13) (treatment of student loans)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

Amendment of the Housing Benefit Regulations

4.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(14) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 56(3) (calculation of grant income)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

(3) In regulation 61(5) (treatment of student loans)—

(a) in sub-paragraph (a) for “£285” substitute “£290 per academic year”; and

(b) in sub-paragraph (b) for “£361” substitute “£370 per academic year”.

Revocations

5.  In the Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2006(15) regulations 2(2) and 4(2) are revoked.

Sealed with the Official Seal of the Department for Social Development on 7th June 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel consents to regulation 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 8th June 2007

(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 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 increase the amounts of grant and loan income to be disregarded in respect of travel costs and the costs of books and equipment and clarify that the disregards only apply once in every academic year.

The Regulations also make consequential revocations.

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, 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)

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 (S.I. 1999/671)

(3)

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

(4)

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

(5)

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

(6)

S.R. 1987 No. 459; relevant amending Regulations are S.R. 1990 No. 297, S.R. 1999 No. 317, S.R. 2001 No. 278 and S.R. 2006 No. 301

(7)

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

(8)

1954 c. 33 (N.I.)

(9)

Paragraph (2A) was substituted by regulation 3(3)(b) of S.R. 1999 No. 317 and amended by regulation 3(2) and (3)(b) of S.R. 2001 No. 278 and regulation 2(2) of S.R. 2006 No. 301

(10)

Regulation 66A was inserted by regulation 4(7) of S.R. 1990 No. 297 and paragraph (5) was substituted by regulation 3(5)(b) of S.R. 1999 No. 317 and amended by regulation 3(2) and (3)(b) of S.R. 2001 No. 278 and regulation 2(2) of S.R. 2006 No. 301

(11)

S.R. 1996 No. 198; relevant amending Regulations are S.R. 1999 No. 317, S.R. 2001 No. 278 and S.R. 2006 No. 301

(12)

Paragraph (3) was substituted by regulation 2(3)(b) of S.R. 1999 No. 317 and amended by regulation 3(2) and (3)(c) of S.R. 2001 No. 278 and regulation 4(2) of S.R. 2006 No. 301

(13)

Paragraph (5) was substituted by regulation 2(5)(b) of S.R. 1999 No. 317 and amended by regulation 3(2) and (3)(c) of S.R. 2001 No. 278 and regulation 4(2) of S.R. 2006 No. 301

(14)

S.R. 2006 No. 405

(15)

S.R. 2006 No. 301