
2004 No. 300
HOUSING; RATES; SOCIAL SECURITY
The Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2004
Made 8th July 2004
Coming into operation in accordance with regulation 1
The Department for Social Development, in exercise of the powers conferred by sections 122(1)(a) and (d), 132(3) and (4)(b), 133(2)(h) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and Articles 14(1) and (4)(b) and 36 of the Jobseekers (Northern Ireland) Order 1995 and now vested in it, and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel, in so far as regulations 2(1), (2) and (3)(a), 3(1), (4) and (5)(a), 4 and 7 are concerned and after agreement by the Social Security Advisory Committee that proposals in respect of those Regulations should not be referred to it, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Students and Income-related Benefits) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation –
(a) for the purposes of this regulation, on 1st August 2004; and
(b) for the purposes of regulations 2 to 7 –
(i) in the case of a person whose period of study begins on or after 1st August 2004 but before 1st September 2004, on the day the period of study begins; and
(ii) in any other case, on 1st September 2004.
(2) In these Regulations –
 ...
 “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
 “the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996;
 “period of study” has the same meaning as in regulation 61 of the Income Support Regulations.
Amendments in relation to the disregard of travel costs and the cost of books and equipment
2 

(1) In sub-paragraph (a) of each of the provisions specified in paragraph (3) for “£270” there shall be substituted “£275”.
(2) In sub-paragraph (b) of each of the provisions specified in paragraph (3) for “£335” there shall be substituted “£343”.
(3) The provisions specified for the purposes of paragraphs (1) and (2) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulations 62(2A) and 66A(5) of the Income Support Regulations;
(c) regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
Amendments in relation to the disregard of child care costs of a child dependant
3 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In regulation 62(2) of the Income Support Regulations (calculation of grant income) –
(a) in sub-paragraph (i) delete “or child care costs”;
(b) after sub-paragraph (i) there shall be added the following sub-paragraph –“
(j) intended for the child care costs of a child dependant.”.
(3) In regulation 131(2) of the Jobseeker’s Allowance Regulations (calculation of grant income) –
(a) in sub-paragraph (h) delete “or child care costs”;
(b) after sub-paragraph (h) add –“
(i) intended for the child care costs of a child dependant.”.
(4) Omit sub-paragraphs (c), (cc) and (d) of each of the provisions specified in paragraph (5).
(5) The provisions specified in this paragraph for the purposes of paragraph (4) are –
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) regulation 62(2B) of the Income Support Regulations;
(c) regulation 131(3A) of the Jobseeker’s Allowance Regulations.
Amendment of the Housing Benefit Regulations in relation to income and capital disregards
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Income Support Regulations
5 

(1) The Income Support Regulations shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 61(1) (interpretation) –
(a) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” there shall be substituted “a Scottish national qualification (higher or advanced higher)”;
(b) in the definition of “grant” after “a payment from access funds” there shall be added “or any payment to which paragraph 11 of Schedule 9 or paragraph 56 of Schedule 10 applies”.
(3) For paragraph 11 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph –“
11 

(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
(4) For paragraph 56 of Schedule 10 (capital to be disregarded) there shall be substituted the following paragraph –“
56 

(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
Amendment of the Jobseeker’s Allowance Regulations
6 

(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” there shall be substituted “a Scottish national qualification (higher or advanced higher)”.
(3) In regulation 130 (interpretation) in the definition of “grant” after “a payment from access funds” there shall be added “or any payment to which paragraph 12 of Schedule 6 or paragraph 50 of Schedule 7 applies”.
(4) For paragraph 12 of Schedule 6 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph –“
12 

(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
(5) For paragraph 50 of Schedule 7 to the Jobseeker’s Allowance Regulations (capital to be disregarded) there shall be substituted –“
50 

(1) Any payment by way of an education maintenance allowance made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986.
(2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to Article 50 or 51 of the Education and Libraries (Northern Ireland) Order 1986 in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).”.
Amendment of the Housing Benefit Regulations in relation to payment of housing benefit to students
7 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sealed with the Official Seal of the Department for Social Development on 8th July 2004.
John O'Neill
A senior officer of the
Department for Social Development
The Department of Finance and Personnel hereby consents to regulations 2(1), (2) and (3)(a), 3(1), (4) and (5)(a), 4 and 7.Sealed with the Official Seal of the Department of Finance and Personnel on 9th July 2004.
Ciaran Doran
A senior officer of the
Department of Finance and Personnel
