
2008 No. 262
Housing; Rates; Social Security
The Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008
Made 23rd June 2008
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, sections 5(1)(hh) and (k) and 165(1), (4) and (6) of the Social Security Administration (Northern Ireland) Act 1992 and Articles 14(1) to (3) and (4)(b) and 36(2) of the Jobseekers (Northern Ireland) Order 1995, and now vested in it.
Regulation 5 is made with the consent of the Department of Finance and Personnel.

The Social Security Advisory Committee has agreed that proposals in respect of regulation 5 should not be referred to it
Citation commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Students and Miscellaneous Amendments) Regulations (Northern Ireland) 2008 and, subject to paragraph (2) and (3), shall come into operation on 1st August 2008.
(2) Regulations 2, 4 and 5 shall come into operation—
(a) in the case of a person whose period of study begins on or after 1st August 2008 but before 1st September 2008, on the day the period of study begins; and
(b) in any other case, on 1st September 2008.
(3) Regulation 3 shall come into operation on 25th August 2008.
(4) In these Regulations—
 “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987;
 “period of study” for the purposes of paragraph (2) has the same meaning as in regulation 61 of the Income Support Regulations.
(5) The Interpretation Act (Northern Ireland) 1954 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) to (4).
(2) In regulation 40 (calculation of income other than earnings)—
(a) in paragraph (3A) for “Paragraph (3AA) applies” substitute “Paragraphs (3AA) and (3AAA) apply”;
(b) in paragraph (3AA) at the beginning insert “Where a relevant payment is made quarterly,”;
(c) after paragraph (3AA) insert—“
(3AAA) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula in paragraph (3AA) but as if—
A = the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 66A(5).”; and
(d) in paragraph (3AB)—
(i) for “paragraphs (3A) and (3AA)” substitute “ this regulation”, and
(ii) for the definition of “assessment period” substitute—“
 “assessment period” means—
(a) in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
(b) in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—
(i) the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or
(ii) the last day of the last quarter for which an instalment of the relevant payment was payable to that person,whichever of those dates is earlier;
 “quarter” in relation to an assessment period means a period in that year beginning on (and including)—
(a) 1st January and ending on 31st March;
(b) 1st April and ending on 30th June;
(c) 1st July and ending on 31st August; or
(d) 1st September and ending on 31st December;”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Social Security (Claims and Payments) Regulations
3 
In regulation 32(6) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—
(a) in sub-paragraph (a) for “at the end of an assessed income period, the information and evidence required” substitute “in connection with the setting of a new assessed income period, the information and evidence which the Department may require”; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Jobseeker’s Allowance Regulations
4 

(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 103 (calculation of income other than earnings)—
(a) in paragraph (5) for “Paragraph (5ZA) applies” substitute “Paragraphs (5ZA) and (5AZA) apply”;
(b) in paragraph (5ZA) at the beginning inset “Where a relevant payment is made quarterly”;
(c) after paragraph (5ZA) insert—“
(5AZA) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula in paragraph (5ZA) but as if—
A = the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 136(5).”; and
(d) in paragraph (5ZB)—
(i) for “paragraphs (5) and (5ZA)” substitute “this regulation”, and
(ii) for the definition of “assessment period” substitute—“
 “assessment period” means—
(a) in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
(b) in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—
(i) the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or
(ii) the last day of the last quarter for which an instalment of the relevant payment was payable to that person,whichever of those dates is earlier;
 “quarter” in relation to an assessment period means a period in that year beginning on (and including)—
(a) 1st January and ending on 31st March;
(b) 1st April and ending on 30th June;
(c) 1st July and ending on 31st August; or
(d) 1st September and ending on 31st December;”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Housing Benefit Regulations
5 

(1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 37 (calculation of income other than earnings)—
(a) in paragraph (5) for “Paragraph (6) applies” substitute “Paragraphs (6) and (6A) apply”;
(b) in paragraph (6) at the beginning insert “Where a relevant payment is made quarterly,”;
(c) after paragraph (6) insert—“
(6A) Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula in paragraph (6) but as if—
A = the total amount of the relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 61(5).”; and
(d) in paragraph (7)—
(i) for “paragraphs (5) and (6)” substitute “this regulation”, and
(ii) for the definition of “assessment period” substitute—“
 “assessment period” means—
(a) in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
(b) in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—
(i) the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued, or
(ii) the last day of the last quarter for which an instalment of the relevant payment was payable to that person,whichever of those dates is earlier;
 “quarter” in relation to an assessment period means a period in that year beginning on—
(a) 1st January and ending on 31st March;
(b) 1st April and ending on 30th June;
(c) 1st July and ending on 31st August; or
(d) 1st September and ending on 31st December;”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sealed with the Official Seal of the Department for Social Development on 23rd June 2008
(L.S.)John O’Neill
A senior officer of the Department for Social Development
The Department of Finance and Personnel consents to regulation 5.Sealed with the Official Seal of the Department of Finance and Personnel on 25th June 2008
(L.S.)Adrian Arbuthnot
A senior officer of the Department of Finance and Personnel
