|Made||4th September 2001|
|Coming into operation||15th October 2001|
9. In regulation 31 (modification in respect of child and young person) -
(b) in the definition of "course of study", omit the words from "and for the purposes of" to the end;
(c) for the definition of "grant" substitute -
12. In regulation 42 (determination of grant income) -
(b) after paragraph (3), add -
(5) Any amount intended for the maintenance of dependants under Part III of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2000 shall be apportioned equally over the period of 52 weeks of the year as defined for the purposes of those regulations or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
(6) Any amount intended for the maintenance of dependants to which neither paragraph (5) nor regulation 44(2) (other amounts to be disregarded) apply, shall be apportioned over the same period as the student's loan is apportioned or would have been apportioned had he had one.
(7) In the case of a student on a sandwich course, any periods of experience with the period of study shall be excluded and the student's grant income shall be apportioned equally between the remaining weeks in that period.".
and ending with the last day of the course;
(b) a loan which is payable in respect of the final academic year of a course (not being a course of a single year's duration) shall be apportioned equally between the weeks in the period beginning with the earlier of -
and ending with the last day of the last benefit week before the last day of the course;
(c) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of -
and ending with the last day of the last benefit week in June, and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.".
(c) in paragraph (5) -
Regulation 45A and 45B
15. After regulation 45 (treatment of student loans), insert -
that payment shall be disregarded as income.
Income treated as capital
45B. - (1) Any amount by way of a refund of tax deducted from a student's covenant income shall be treated as capital.
(2) An amount paid from access funds as a single lump sum shall be treated as capital.
(3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rates or rent ("ordinary clothing or footwear" and "eligible rates or rent" have the same meaning as in paragraph 12(2) of Schedule 3), of a single relevant person or, as the case may be, of the relevant person or any other member of his family shall be disregarded as capital but only for a period of 52 weeks from the date of payment.".
(2) In paragraph 2 of Part I of Schedule 1, in the column headed "(2) Amount" -
(3) In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium), for "£14·25" substitute "£14·50".
(4) For paragraph 6 of Part III of Schedule 1 (applicable amounts: premiums) there shall be substituted the following paragraph -
may be applicable in addition to any other premium which may apply under this Schedule.
(2) An enhanced disability premium in respect of a person shall not be applicable in addition to -
(5) After paragraph 13 of Part III of Schedule 1 insert the following paragraph -
(2) An enhanced disability premium shall not be applicable in respect of a child or young person whose capital, if calculated in accordance with Chapter VI of Part IV of these Regulations in like manner as for the relevant person, except as provided in regulation 31 (5), would exceed £6,000.".
(6) In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), in the column headed "(2) Amount" -
(7) After paragraph 18(7), there shall be added to the table the following sub-paragraph -
"(8) Enhanced disability premium.
(b) £11·05 in respect of each person who is neither -
(ii) a member of a couple in respect of whom the conditions specified in paragraph 13A are satisfied;
(c) £16·00 where the relevant person is a member of a couple and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple.
17. In Schedule 4 (capital to be disregarded), at the end, add -
by the Japanese during the Second World War, £10,000.
59. - (1) Subject to sub-paragraph (2), the amount of any trust payment made to the relevant person or a member of the relevant person's family who is -
(2) Where a trust payment is made to -
whichever is the latest.
(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to the relevant person or a member of a relevant person's family who is -
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
(4) Where a payment as referred to in sub-paragraph (3) is made to -
whichever is the latest.
(5) In this paragraph, a reference to a person -
at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
(6) In this paragraph -
Any ex-gratia payment made by the Secretary of State for Northern Ireland to members of the families of the disappeared, but only for a period of 52 weeks from the date of receipt of that payment.".
18. The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Sealed with the Official Seal of the Department for Social Development on
4th September 2001.
A senior officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations
Sealed with the Official Seal of the Department of Finance and Personnel on
4th September 2001.
A senior officer of the Department of Finance and Personnel
Regulation 12 amends regulation 42 of the principal Regulations to:
Regulation 13 amends regulation 44 of the principal Regulations so that certain grants for children's meals will be disregarded for the purposes of the means test.
Regulation 14 amends regulation 45 of the Principal Regulations to:
Regulation 15 inserts in the principal Regulations new regulations 45A and 45B which set out the circumstances in which payments from access funds are to be disregarded or treated as capital.
Regulation 16 amends Schedule 1 to the principal Regulations to uprate the applicable amounts and premiums, and to add an enhanced disability premium.
Regulation 17 amends Schedule 4 to the principal Regulations to provide that the following shall be disregarded as capital for the purposes of the means test:
Regulation 18 makes transitional provisions.