Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Educational Maintenance Allowance Amendment) Regulations (Northern Ireland) 1999 and shall, subject to paragraph (2), come into operation on 16th August 1999.

(2) In relation to any particular claimant for either family credit or disability working allowance, regulation 2 shall have effect, where a claimant has an award of either of those benefits—

(a)which expires on 16th August 1999, on 17th August 1999;

(b)which expires after 16th August 1999, on the day following the expiration of that award.

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Disregard of educational maintenance allowance

2.—(1) For each of the paragraphs specified in paragraph (2) (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph—

• “Any—

  (a)

  educational maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996(6) (payment of school expenses; grant of scholarships etc.), or

  (b)

  sum (not being an allowance coming within sub-paragraph (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under Article 50, 51 or 55(1) of the Education and Libraries (Northern Ireland) Order 1986(7) (provisions to assist persons to take advantage of educational facilities).”.

(2) The paragraphs specified for the purposes of paragraph (1) are—

(a)paragraph 9 of Schedule 3 to the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(8);

(b)paragraph 9 of Schedule 2 to the Family Credit (General) Regulations) (Northern Ireland) 1987(9);

(c)paragraph 10 of Schedule 4 to the Housing Benefit (General) Regulations (Northern Ireland) 1987(10);

(d)paragraph 11 of Schedule 9 to the Income Support (General) Regulations (Northern Ireland) 1987(11);

(e)paragraph 12 of Schedule 6 to the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(12).

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Disability Working Allowance (General) Regulations (Northern Ireland) 1992, the Family Credit (General) Regulations (Northern Ireland) 1987, the Housing Benefit (General) Regulations (Northern Ireland) 1987, the Income Support (General) Regulations (Northern Ireland) 1987 and the Jobseeker’s Allowance Regulations (Northern Ireland) 1996.

In particular, regulation 2 provides that educational maintenance allowances payable by virtue of regulations made under section 518 of the Education Act 1996 shall be disregarded in the calculation of a person’s income for the purpose of ascertaining entitlement to the benefits referred to above.

In so far as these Regulations are required, for the purposes of regulation 2(1) and 2(c). to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.