
1 

(1) These Regulations may be cited as the Housing Benefit (Amendment) (New Deal) Regulations (Northern Ireland) 1998 and shall come into operation on 19th October 1998.
(2) In these Regulations “the principal Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2 
In regulation 35 of the principal Regulations (notional income)—
(a) in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted “Any payment of income, other than a payment of income specified in paragraph (3A)”;
(b) after paragraph (3) there shall be inserted the following paragraph—“
(3A) Paragraph (3) shall not apply in respect of a payment of income made—
(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
(b) pursuant to section 19(1)(a) of the Coal Industry Act 1994 (concessionary coal);
(c) pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of a person’s participation—
(i) in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations, or
(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.”.
3 
In regulation 43 of the principal Regulations (notional capital)—
(a) in paragraph (3), for the words from the beginning to “regulation 75(1)(b)(ii) of those Regulations” there shall be substituted “Any payment of capital, other than a payment of capital specified in paragraph (3A)”;
(b) after paragraph (3) there shall be inserted the following paragraph—“
(3A) Paragraph (3) shall not apply in respect of a payment of capital made—
(a) under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds;
(b) pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of a person’s participation—
(i) in an employment programme specified in regulation 75(1)(a) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
(ii) in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations, or
(iii) in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations.”.
4 
In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 68 there shall be added the following paragraph—“
69 

(1) Subject to sub-paragraph (2), any discretionary payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.
(2) No amount shall be disregarded pursuant to sub-paragraph (1) in respect of travel expenses incurred as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 57 (other amounts to be disregarded).”.
5 
In Schedule 5 to the principal Regulations (capital to be disregarded) after paragraph 53 there shall be added the following paragraph—“
54 
Any discretionary payment made pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 to meet, or help meet, special needs of a person who is undertaking a qualifying course within the meaning specified in regulation 17A(7) of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 but only for the period of 52 weeks from the date of receipt of that payment.”.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
John O'Neill
Assistant Secretary
15th September 1998.The Department of the Environment for Northern Ireland hereby consents to the foregoing Regulations.Sealed with the Official Seal of the Department of the Environment for Northern Ireland on
J. Ritchie
Assistant Secretary
15th September 1998.