HOUSING; RATES; SOCIAL SECURITY 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 Housing Benefit Regulations ” means the Housing Benefit (General) Regulations (Northern Ireland) 1987 ; “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 regulations 53(2A) and 57A(5) of the Housing Benefit Regulations; 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 In regulation 53(2) of the Housing Benefit Regulations (calculation of grant income) after sub-paragraph (h) there shall be added the following sub-paragraph – i intended for the child care costs of a child dependant. . 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 regulation 53(2B) of the Housing Benefit Regulations ; 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 1 The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (4). 2 In regulation 46(1) (interpretation), in the definition of “grant” after “a payment from access funds” there shall be added “or any payment to which paragraph 10 of Schedule 4 or paragraph 58 of Schedule 5 applies”. 3 For paragraph 10 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), there shall be substituted the following paragraph – 10 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 (provisions of awards by boards). 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 (provision of awards by Department), 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 58 of Schedule 5 (capital to be disregarded), there shall be substituted the following paragraph – 58 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 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 In regulation 50 of the Housing Benefit Regulations (eligible housing costs) – a in paragraph (1) for “paragraphs (2) and (3)” there shall be substituted “paragraphs (2) to (4)”; b in paragraph (2) for “Where” there shall be substituted “Subject to paragraph (4), where”; c after paragraph (3) there shall be added the following paragraph – 4 Housing benefit shall be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending where the student – a is one who falls within a category specified in regulation 48A(2), or b would fall within a category specified in regulation 48A(2)(aa) to (g) if he were a full-time student.”. 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