PART 3 AMENDMENTS OF SECONDARY LEGISLATION

CHAPTER 4 EDUCATION AND EMPLOYMENT

45 Amendment of the Education (Student Support) (No. 2) Regulations
1 The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 are amended in accordance with paragraphs (2) to (7).
S.R. 2009 No. 373
2 In regulation 2(1) (interpretation) after the definition of “type 3 teacher training student” insert—

““universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.”

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3 In regulation 43(2) (interpretation of chapter 4)—
(a) at the end of sub-paragraph (f) omit “and”;
(b) at the end of sub-paragraph (g) for “.” substitute “; and”;
(c) after sub-paragraph (g) insert—

“(h) in the case of a dependant who is entitled to an award of universal credit—
(i) any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 (award to include LCW and LCWRA elements), in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity;
S.R. 2016 No. 216
(ii) any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.”

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Regulation 43 was amended by regulation 6 of S.R. 2012 No. 398
4 For regulation 46(3) (childcare grant) substitute—

“3 A does not qualify for a childcare grant is A or A’s partner—
(a) has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or
(b) is entitled to an award of universal credit the calculation of which includes an amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016.”

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Regulation 46 was amended by regulations 8 and 9 of S.R. 2012 No. 398, regulation 4 of S.R. 2014 No. 309 and regulation 5 of S.R. 2016 No. 21
5 In regulation 59(2) (qualifying conditions for the special support grant)—
(a) at the end of sub-paragraph (a) omit “or”;
(b) at the end of sub-paragraph (b) insert “or”; and
(c) after sub-paragraph (b) insert—

“(c) under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.”

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Regulation 59 was amended by regulation 13 of S.R. 2012 No. 398, regulation 11 of S.R. 2013 No. 128 and regulation 7 of S.R.2013 No. 223
6 In regulation 110(1)(a) (amount of support)—
(a) at the end of paragraph (ii) omit “or”; and
(b) after paragraph (iii) insert—

“or
(iv) to universal credit;”

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7 In regulation 127(5)(a) (amount of assistance)—
(a) at the end of paragraph (ii) omit “or”; and
(b) after paragraph (iii) insert—

“or
(iv) to universal credit;”

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Reg. 45 comes into operation in accordance with reg. 1(1)