Amendment of the Employment and Support Allowance Regulations

6.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended in accordance with paragraphs (2) and (3).

(2) In regulation 106(2) (notional income – deprivation and income on application) after sub- paragraph (ga)(1) insert—

“(gb) any sum to which regulation 137(4A) (treatment of student loans) applies;”.

(3) In regulation 137 (treatment of student loans)—

(a) in paragraph (4)(b) before “the student” insert “subject to paragraph (4A)”; and

(b) after paragraph (4) insert—

“(4A) A student is not to be treated as possessing any part of a student loan which has not been paid to that student in respect of an academic year where the educational institution at which the student was attending a course has confirmed in writing that the student has suspended attendance at the course due to a health condition or disability that renders the student incapable of continuing that course.”.

(1)

Sub-paragraph (ga) was inserted by regulation 8(8)(a) of S.R. 2009 No. 338