Office of Public Sector Information

PART 5 GRANTS FOR LIVING COSTS

General qualifying conditions for grants for living costs

23.—(1) An eligible student qualifies for a grant under this Part provided that —

(a) the student is not excluded from qualification by any of the following paragraphs, regulation 6 or regulation 7; and

(b) the student satisfies the qualifying conditions for the particular grant for which he or she is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of any academic year —

(a) during which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income;

(b) during which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income; or

(c) of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) Paragraph (3)(c) does not apply for the purposes of regulation 24.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” (“gwasanaeth di-dâl”) means —

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his or her course, in an overseas institution; or

(e) unpaid service with —

(i) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977(44) (“the 1977 Act”) or a Special Health Authority established pursuant to section 11 of the 1977 Act(45) or pursuant to section 22 of the National Health Service (Wales) Act 2006(46) or a Local Health Board established pursuant to section 16BA to the 1977(47) Act or pursuant to section 22 of the National Health Service (Wales) Act 2006 ;

(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978(48); or

(iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(49).

(7) Subject to paragraph (8), an eligible student does not qualify for a grant under regulation 35, 36 or 37 in respect of an academic year of the designated course if the student does not qualify for relevant support in respect of that academic year.

(8) Paragraph (7) does not apply if the reason that the student does not qualify for relevant support is because —

(a) he or she is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS and his or her course is a course referred to in regulation 5(1)(d); and all the periods of study during the academic year are at an institution outside the United Kingdom; or

(b) the degree course is a flexible postgraduate ITT course.

(9) In paragraph (7) “relevant support” (“cymorth perthnasol”) means, in the case of a grant under regulation 35, a grant for fees, or, in the case of a grant under regulations 36 or 37, a loan for fees.

(10) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (11), the student may qualify for a particular grant in accordance with this Part in respect of that academic year but does not qualify for a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(11) The events referred to in paragraph (10) are —

(a) the student’s course becomes a designated course;

(b) the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee or is granted leave to enter or remain;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(e) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(f) the student becomes the child of a Swiss national.

Grants for disabled students' living costs

24.—(1) An eligible student qualifies in accordance with this regulation for a grant to assist with the additional expenditure which the National Assembly is satisfied the student is obliged to incur in respect of his or her undertaking a designated course by reason of a disability to which the student is subject.

(2) An eligible student does not qualify for a grant under this regulation unless the student undertakes the course in the United Kingdom.

(3) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the National Assembly considers appropriate.

(4) The amount of the grant must not exceed —

(a) £12,425 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,910 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred —

(i) within the United Kingdom for the purpose of attending the institution,

(ii) within or outside the United Kingdom for the purpose of attending, as a part of his or her course, any period of study at an overseas institution or for the purpose of attending the University of London Institute in Paris ;

(d) £1,645 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

(5) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (4)(b) is reduced by the amount of those payments.

(6) The maximum amount of grant under paragraphs (4)(a) and (4)(d) is £9,325 and £1,230, respectively where —

(a) an eligible student attends a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time attendance (including attendance for the purpose of teaching practice) are in aggregate less than 6 weeks.

Grants for dependants — general

25.—(1) The grant for dependants consists of the following elements —

(a) adult dependants' grant;

(b) childcare grant;

(c) parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 26 to 29.

(3) A deduction may be made from any element of the grant for dependants in accordance with regulation 54.

Grants for dependants — adult dependants' grant

26.—(1) An eligible student qualifies for an adult dependants' grant in connection with his or her attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of a dependant of an eligible student who is either —

(a) the eligible student’s partner; or

(b) an adult dependant of the eligible student whose net income does not exceed £3,615.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being —

(a) £2,515; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2, 515 as the National Assembly considers reasonable in the circumstances.

(4) The amount of adult dependants' grant calculated under regulation 29 is reduced by one half where —

(a) the eligible student’s partner —

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he or she is entitled under the statutory award.

Grants for dependants — childcare grant

27.—(1) An eligible student qualifies, in connection with his or her attendance on a designated course, for a grant in respect of prescribed childcare charges incurred in relation to each dependent child in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), an eligible student qualifies for a childcare grant in respect of an academic year in which he or she incurs prescribed childcare charges for —

(a) a child who is under the age of 15 immediately before the beginning of the academic year; or

(b) a child who has special educational needs within the meaning of section 312 of the Education Act 1996(50) and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if the student or the student’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(51).

(4) An eligible student does not qualify for a grant under this regulation if the prescribed childcare charges that he or she incurs are paid or to be paid by the student to his or her partner in respect of—

(a) his or her child; or

(b) a child of his or her partner.

(5) Subject to paragraph (6), the basic amount of childcare grant for each week is —

(a) for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £153 per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £ 259.25 per week,

except that the student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant —

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the proportion which the number of days of that week falling within the academic year bears to the number of days in a week.

(7) In this regulation “prescribed childcare charges” (“costau gofal plant rhagnodedig”) means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(52)

Grants for dependants — parents' learning allowance

28.—(1) An eligible student qualifies in connection with the student’s attendance on a designated course for the parents' learning allowance if the student has one or more dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 29, the basic amount being £1,435.

Grants for dependants — calculations

29.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 26 to 28 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A — B) as follows and in the following order —

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 26;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 27; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 28.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where (A — B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of the adult dependants' grant calculated under this regulation must be reduced in accordance with regulation 26(4).

(5) The amount of the childcare grant calculated under this regulation must be reduced in accordance with regulation 27(6).

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation —

(a) A is the aggregate of the net income of each of the eligible student’s dependants; and

(b) B is—

(i) £1,100 where the eligible student has no dependent child;

(ii) £3,300 where the eligible student is not a lone parent and has one dependent child;

(iii) £4,405 where the eligible student is not a lone parent and has more than one dependent child;

(iv) £4,405 where the eligible student is a lone parent and has one dependent child;

(v) £5,510 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs —

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes an eligible student as a result of an event referred to in regulation 23(11).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the National Assembly must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter —

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter”(“chwarter perthnasol”) means —

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the National Assembly, the longest of any vacation occurs.

Grants for dependants — interpretation

30.—(1) In regulations 25 to 29 —

(a) “adult dependant” (“dibynnydd mewn oed”) means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner or former partner (including a spouse or civil partner who is not ordinarily living with the student);

(b) “child” (“plentyn”) in relation to an eligible student includes any child of the student’s partner and any child for whom the student has parental responsibility where those children are dependent on the student;

(c) “dependant” (“dibynnydd”) means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” (“dibynnol”) means wholly or mainly financially dependent;

(e) “lone parent” (“rhiant unigol”) means an eligible student who does not have a partner and who has a dependent child or dependent children;

(f) “net income” (“incwm net”) has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i), (j) and (k), “partner” (“partner”) means any of the following —

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if he or she were his or her spouse where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1 September 2000;

(iv) a person ordinarily living with an eligible student as if they were the student’s civil partner where an eligible student falls within paragraph 2(a) of Schedule 5 and begins the designated course on or after 1 September 2005;

(h) a person who would otherwise be a partner under sub-paragraph (g) is not treated as a partner if —

(i) in the opinion of the National Assembly, that person and the eligible student have ceased ordinarily to live together; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(i) for the purposes of sub-paragraph (a), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 5;

(j) for the purposes of sub-paragraphs (b) and (e), a person is treated as a partner if the person would be a partner under sub-paragraph (g) but for the date on which the eligible student began the student’s course or the fact that the eligible student with whom the person is ordinarily living does not fall within paragraph 2(a) of Schedule 5.

(k) for the purposes of regulation 27 —

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if he or she would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom he or she is ordinarily living does not fall within paragraph (2) (1) (a) of Schedule 5.

(2) Subject to paragraph (3), a dependant’s net income is the dependant’s income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding —

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(53);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002(54);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child in the care of a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(55);

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002.

(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by —

(a) an amount equal to the payments in question for the academic year, if in the opinion of the National Assembly the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the National Assembly considers appropriate if, in its opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependent is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

Qualifying conditions for the grant for travel

31.—(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he or she is obliged to incur in an academic year for the purpose of attending in connection with his or her course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

(2) A grant is available to an eligible student who attends an overseas institution or the University of London Institute in Paris as part of his or her course in respect of the travel expenses that he or she is obliged to incur in each qualifying quarter.

Amount of the grant for travel

32.—(1) The amount of grant payable under regulation 31 (1) in respect of an academic year is equal to the reasonable expenditure that the National Assembly determines the eligible student is obliged to incur for the purposes set out in that regulation less £290.

(2) The amount of grant payable under regulation 31 (2) in respect of an academic year is the aggregate of the travel expenses that the eligible student is obliged to incur in each qualifying quarter less £290.

(3) An eligible student who—

(a) qualifies for a grant under regulation 31(2); and

(b) reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period he or she is attending the overseas institution or the University of London Institute in Paris,

qualifies for additional grant under this regulation equal to the amount incurred.

Deductions from the grant for travel

33.  A deduction may be made from a grant under regulations 30 to 32 in accordance with Part 9.

Interpretation

34.  For the purposes of this Part—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under regulation 24.

(b) “qualifying quarter” (“chwarter cymhwysol”) means a quarter during which the eligible student attends as part of his or her course an overseas institution or the University of London Institute in Paris for at least half the period covered by that quarter;

(c) “travel expenses” (“costau teithio”) means reasonable expenditure on travel within or outside the United Kingdom for the purposes of attending as a part of a designated course an overseas institution or the University of London Institute in Paris.

Higher education grants

35.—(1) An old system eligible student qualifies in accordance with this regulation for a higher education grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system eligible student does not qualify for a higher education grant unless he or she began the designated course on or after 1 September 2004.

(3) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(4) An eligible student who qualifies for a higher education grant is entitled to receive an amount as follows —

(a) in any case where the household income is £16,355 or less, he or she is entitled to receive the maximum amount of grant available;

(b) in any case where the household income exceeds £16,355 and does not exceed £22,340, he or she receives an amount equal to M — A, where M is £1,000 and A is £1 for every complete £6.30 by which the household income exceeds £ 16,355; and

in any case where the household income exceeds £22,340, no grant is payable under this regulation.

Maintenance grant

36.—(1) A new system eligible student qualifies in accordance with this regulation for a maintenance grant for living costs in connection with his or her attendance on a designated course.

(2) A new system eligible student does not qualify for a maintenance grant if he or she qualifies for a special support grant.

(3) An eligible student does not qualify for a maintenance grant unless he or she begins the designated course on or after 1 September 2006.

(4) The maximum amount of maintenance grant available in respect of an academic year is —

(a) in the case of a type 1 teacher training student, £1,380;

(b) in the case of a type 2 teacher training student, £2,765; and

(c) in the case of a new system student other than a type 1 or type 2 teacher training student, £2765.

(5) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £1,380;

(b) where household income exceeds £17,920 but does not exceed £ 27,160, he or she receives an amount equal to M-(A/2) where M is £1,380 and A is £1 for every £6 by which household income exceeds £17,920; and

(c) where the household income exceeds £27,160, he or she receives £610.

(6) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920; and

(c) where the household income exceeds £27,160, he or she receives £1,225.

(7) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920;

(c) where household income exceeds £27,160 but does not exceed £38,325, he or she receives an amount equal to RM — A, where RM is £1,225 and A is £1 for every complete £9.50 by which household income exceeds £27,160;

(d) where the household income exceeds £38,325, no maintenance grant is payable.

Special Support Grant

37.—(1) A new system eligible student qualifies in accordance with this regulation for a special support grant in connection with his or her attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A new system eligible student qualifies for a special support grant if he or she falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992(56), or if he or she is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act(57).

(3) The maximum amount of special support grant available in respect of an academic year is

(a) in the case of a type 1 teacher training student, £1,380;

(b) in the case of a type 2 teacher training student, £2,765; and

(c) in the case of a new system eligible student other than a type 1 or type 2 teacher training student, £2765.

(4) A type 1 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £1,380;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-(A/2) where M is £1,380 and A is £1 for every £6 by which household income exceeds £17,920; and

(c) where the household income exceeds £27,160, he or she receives £615.

(5) A type 2 teacher training student who qualifies for special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920; and

(c) where the household income exceeds £27,160, or the student opts when applying for the grant not to provide the information needed to calculate the household income he or she receives £1,225.

(6) A new system eligible student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,920 or less, he or she receives £2,765;

(b) where household income exceeds £17,920 but does not exceed £27,160, he or she receives an amount equal to M-A where M is £2,765 and A is £1 for every £6 by which household income exceeds £17,920;

(c) where household income exceeds £27,160 but does not exceed £38,325, he or she receives an amount equal to RM — A, where RM is £1,225 and A is £1 for every complete £9.50 by which household income exceeds £27,160;

(d) where the household income exceeds £38,325, no special support grant is payable.