Office of Public Sector Information
119. In this Chapter—
“claimant” includes a young claimant;
“liable relative” means—
a spouse, former spouse, civil partner or former civil partner of a claimant or of a member of the claimant’s family;
a parent of a child or young person who is a member of the claimant’s family or of a young claimant;
a person who has not been adjudged to be the father of a child or young person who is a member of the claimant’s family or of a young claimant where that person is contributing towards the maintenance of that child, young person or young claimant and by reason of that contribution the claimant may reasonably be treated as the father of that child, young person or young claimant;
a person liable to maintain another person by virtue of section 78(6)(c) of the Administration Act (liability to maintain) where the latter is the claimant or a member of the claimant’s family,
and, in this definition, a reference to a child’s, young person’s or young claimant’s parent includes any person in relation to whom the child, young person or young claimant was treated as a child or a member of the family;
“payment” means a periodical payment or any other payment made by or derived from a liable relative including, except in the case of a discretionary trust, any payment which would be so made or derived upon application being made by the claimant but which has not been acquired by the claimant but only from the date on which it could be expected to be acquired were an application made; but it does not include any payment—
arising from a disposition of property made in contemplation of, or as a consequence of—
an agreement to separate;
any proceedings for judicial separation, divorce or nullity of marriage; or
any proceedings for separation, dissolution or nullity in relation to a civil partnership;
made after the death of the liable relative;
made by way of a gift but not in aggregate or otherwise exceeding £250 in the period of 52 weeks beginning with the date on which the payment, or if there is more than one such payment the first payment, is made; and, in the case of a claimant who continues to be in receipt of an income-related allowance at the end of the period of 52 weeks, this provision is to continue to apply thereafter with the modification that any subsequent period of 52 weeks is to begin with the first day of the benefit week in which the first payment is made after the end of the previous period of 52 weeks;
made—
to a third party in respect of the claimant or a member of the claimant’s family; or
to the claimant or to a member of the claimant’s family in respect of a third party,
where having regard to the purpose of the payment, the terms under which it is made and its amount it is unreasonable to take it into account;
in kind;
to, or in respect of, a child or young person who is to be treated as not being a member of the claimant’s household under regulation 156 (circumstances in which a person is to be treated as being or not being a member of the same household);
which is not a periodical payment, to the extent that any amount of that payment—
has already been taken into account under this Part by virtue of a previous claim or determination;
has been recovered under section 74 of the Administration Act(151) (income support and other payments) or is currently being recovered; or
at the time the determination is made, has been used by the claimant except where the claimant has deprived himself or herself of that amount for the purpose of securing entitlement to an income-related allowance or increasing the amount of that allowance;
“periodical payment” means—
a payment which is made or is due to be made at regular intervals in pursuance of a court order or agreement for maintenance;
in a case where the liable relative has established a pattern of making payments at regular intervals, any such payment;
any payment not exceeding the amount of an income-related allowance payable had that payment not been made;
any payment representing a commutation of payments to which paragraph (a) or (b) of this definition applies whether made in arrears or in advance,
but does not include a payment due to be made before the first benefit week pursuant to the claim which is not so made;
“young claimant” means a person aged 16 or over but under 20 who makes a claim for an income-related allowance.
120. Subject to regulation 121(disregard of payments treated as not relevant income) and except where regulation 126(1) (liable relative payments to be treated as capital) applies a payment—
(a) to the extent that it is not a payment of income, is to be treated as income;
(b) is to be taken into account in accordance with the following provisions of this Chapter.
121. Where the Secretary of State treats any payment as not being relevant income for the purposes of section 74A of the Administration Act(152) (payment of benefit where maintenance payments collected by Secretary of State), that payment is to be disregarded in calculating a claimant’s income.
122.—(1) The period over which a periodical payment is to be taken into account is to be—
(a) in a case where the payment is made at regular intervals, a period equal to the length of that interval;
(b) in a case where the payment is due to be made at regular intervals but is not so made, such number of weeks as is equal to the number (and any fraction is to be treated as a corresponding fraction of a week) obtained by dividing the amount of that payment by the weekly amount of that periodical payment as calculated in accordance with regulation 124(4) (calculation of the weekly amount of a liable relative payment);
(c) in any other case, a period equal to a week.
(2) The period under paragraph (1) is to begin on the date on which the payment is treated as paid under regulation 125 (date on which a liable relative payment is to be treated as paid).
123.—(1) Subject to paragraph (2), the number of weeks over which a payment other than a periodical payment is to be taken into account is to be equal to the number (and any fraction is to be treated as a corresponding fraction of a week) obtained by dividing that payment by the aggregate of £2 and the amount of an income-related allowance which would be payable had the payment not been made.
(2) Where a liable relative makes a periodical payment and any other payment concurrently and the weekly amount of that periodical payment, as calculated in accordance with regulation 124 (calculation of the weekly amount of a liable relative payment), is less than the aggregate of £2 and the amount of an income-related allowance which would be payable had the payments not been made that other payment, subject to paragraph (3), is to be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction is to be treated as a corresponding fraction of a week) by dividing that payment by an amount equal to the extent of the difference between the amount as calculated under this paragraph and the weekly amount of the periodical payment.
(3) If—
(a) the liable relative ceases to make periodical payments, the balance (if any) of the other payment is to be taken into account over the number of weeks equal to the number (and any fraction is to be treated as a corresponding fraction of a week) obtained by dividing that balance by the amount referred to in paragraph (1);
(b) the amount of any subsequent periodical payment varies, the balance (if any) of the other payment is to be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction is to be treated as a corresponding fraction of a week) by dividing that balance by an amount equal to the extent of the difference between the amount referred to in paragraph (2) and the weekly amount of the subsequent periodical payment.
(4) The period under paragraph (1) or (2) is to begin on the date on which the payment is treated as paid under regulation 125 (date on which a liable relative payment is to be treated as paid) and under paragraph (3) is to begin on the first day of the benefit week in which the cessation or variation of the periodical payment occurred.
124.—(1) Where a periodical payment is made or is due to be made at intervals of one week, the weekly amount is to be the amount of that payment.
(2) Where a periodical payment is made or is due to be made at intervals greater than one week and those intervals are monthly, the weekly amount is to be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
(3) Where a periodical payment is made or is due to be made at intervals and those intervals are neither weekly nor monthly, the weekly amount is to be determined by dividing that payment by the number equal to the number of weeks (including any part of a week) in that interval.
(4) Where a payment is made and that payment represents a commutation of periodical payments whether in arrears or in advance, the weekly amount is to be the weekly amount of the individual periodical payments so commuted as calculated under paragraphs (1) to (3) as is appropriate.
(5) The weekly amount of a payment to which regulation 123 (period over which payments other than periodical payments are to be taken into account) applies, is to be equal to the amount of the divisor used in calculating the period over which the payment or, as the case may be, the balance is to be taken into account.
125.—(1) A periodical payment is to be treated as paid—
(a) in the case of a payment which is due to be made before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
(b) in any other case, on the first day of the benefit week in which it is due to be paid unless, having regard to the manner in which an income-related allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
(2) Subject to paragraph (3), any other payment is to be treated as paid—
(a) in the case of a payment which is made before the first benefit week pursuant to the claim, on the day in the week in which it is paid which corresponds to the first day of the benefit week;
(b) in any other case, on the first day of the benefit week in which it is paid unless, having regard to the manner in which an income-related allowance is due to be paid in the particular case, it would be more practicable to treat it as paid on the first day of a subsequent benefit week.
(3) Any other payment paid on a date which falls within the period in respect of which a previous payment is taken into account, not being a periodical payment, is to be treated as paid on the first day following the end of that period.
126.—(1) Subject to paragraph (2), where a liable relative makes a periodical payment concurrently with any other payment, and the weekly amount of the periodical payment as calculated in accordance with regulation 124(1) to (4) is equal to or greater than the amount referred to in regulation 123(2) less the £2 referred to therein, the other payment is to be treated as capital.
(2) If, in any case, the liable relative ceases to make periodical payments, the other payment to which paragraph (1) applies is to be taken into account under paragraph (1) of regulation 123 but, notwithstanding paragraph (4) thereof, the period over which the payment is to be taken into account is to begin on the first day of the benefit week following the last one in which a periodical payment was taken into account.
127. Subject to regulation 130 (disregard of payments treated as not relevant income), all payments of child support maintenance are, to the extent that they are not payments of income, to be treated as income and are to be taken into account on a weekly basis in accordance with the following provisions of this Chapter.
128.—(1) The weekly amount of child support maintenance is to be determined in accordance with the following provisions of this regulation.
(2) Where payments of child support maintenance are made weekly, the weekly amount is to be the amount of that payment.
(3) Where payments of child support maintenance are made monthly, the weekly amount is to be determined by multiplying the amount of the payment by 12 and dividing the product by 52.
(4) Where payments of child support maintenance are made at intervals and those intervals are not a week or a month, the weekly amount is to be determined by dividing those payments by the number equal to the number of weeks (including any part of a week) in that interval.
(5) Where a payment is made and that payment represents a commutation of child support maintenance the weekly amount is to be the weekly amount of the individual child support maintenance payments so commuted as calculated in accordance with paragraphs (2) to (4) as appropriate.
(6) Paragraph (2), (3) or, as the case may be, (4) is to apply to any payments made at the intervals specified in that paragraph whether or not—
(a) the amount paid is in accordance with the maintenance assessment or the maintenance calculation, as the case may be; and
(b) the intervals at which the payments are made are in accordance with the intervals specified by the Secretary of State under regulation 4 of the Child Support (Collection and Enforcement) Regulations 1992(153).
129.—(1) Subject to paragraph (2), a payment of child support maintenance is to be treated as paid—
(a) subject to sub-paragraph (b), in the case of a payment which is due to be paid before the first benefit week pursuant to the claim, on the day in the week in which it is due to be paid which corresponds to the first day of the benefit week;
(b) in the case of any amount of a payment which represents arrears of maintenance for a week prior to the first benefit week pursuant to a claim, on the day of the week in which it became due which corresponds to the first day of the benefit week;
(c) in any other case, on the first day of the benefit week in which it is due to be paid or the first day of the first succeeding benefit week in which it is practicable to take it into account.
(2) Where a payment to which paragraph (1)(c) refers is made to the Secretary of State and then transmitted to the claimant entitled to receive it, the payment is to be treated as paid on the first day of the benefit week in which it is transmitted or, where it is not practicable to take it into account in that week, the first day of the first succeeding benefit week in which it is practicable to take the payment into account.
130. Where the Secretary of State treats any payment of child support maintenance as not being relevant income for the purposes of section 74A of the Administration Act (payment of benefit where maintenance payments collected by Secretary of State), that payment is to be disregarded in calculating a claimant’s income.
131.—(1) In this Chapter—
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course is to be considered to begin in the autumn rather than the summer;
“access funds” means—
grants made under section 7 of the Further and Higher Education Act 1992(154) and described as “learner support funds” or grants made under section 68 of that Act for the purpose of providing funds on a discretionary basis to be paid to students;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980(155);
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993(156), or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997(157) in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;
discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000(158); or
Financial Contingency Funds made available by the Welsh Ministers;
“college of further education” means, in Scotland, an educational establishment by which further education is provided;
“contribution” means any contribution in respect of the income of a student or of any other person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of the student’s grant or student loan, or any sums, which in determining the amount of a student’s allowance or bursary in Scotland under the Education (Scotland) Act 1980(159), the Scottish Ministers or education authority take into account being sums which the Scottish Ministers or the education authority consider that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse or civil partner can reasonably be expected to contribute towards the holder’s expenses;
“course of advanced education” means—
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
any other course which is of a standard above advanced GNVQ, or equivalent, including a course which is of a standard above a general certificate of education (advanced level), a Scottish national qualification (higher or advanced higher);
“covenant income” means the income payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student’s grant or award;
“education authority” means a government department, a local education authority as defined in section 212 of the Education Act 2002(160) (interpretation), an education authority as defined in section 123 of the Local Government (Scotland) Act 1973(161), an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986(162), any body which is a research council for the purposes of the Science and Technology Act 1965(163) or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
“full-time course of advanced education” means a course of advanced education which is—
a full-time course of study which is not funded in whole or in part by the Learning and Skills Council for England or by the Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;
a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
in the case of a course funded by the Learning and Skills Council for England, in the student’s learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
a course of study (not being higher education) which is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
“full-time course of study” means a full-time course of study which—
is not funded in whole or in part by the Learning and Skills Council for England or by the Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;
a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
in the case of a course funded by the Learning and Skills Council for England, in the student’s learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
in the case of a course funded by the Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
is not higher education and is funded in whole or in part by the Scottish Ministers at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;
“full-time student” means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act(164) (child and qualifying young person) and who is—
aged less than 19 and is attending or undertaking a full-time course of advanced education;
aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or
on a sandwich course;
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds or any payment to which paragraph 13 of Schedule 8 or paragraph 52 of Schedule 9 applies;
“grant income” means—
any income by way of a grant;
in the case of a student other than one to whom paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;
in the case of a student who is a lone parent or is a person to whom Part 4 applies, any contribution which has been assessed and which has been paid,
and any such contribution which is paid by way of a covenant is to be treated as part of the student’s grant income;
“higher education” means higher education within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992(165);
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“period of study” means—
in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either—
the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to the student’s studying throughout the year or, if the claimant does not have a grant or loan, where a loan would have been assessed at such a rate had the claimant had one; or
in any other case the day before the start of the normal summer vacation appropriate to the student’s course;
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
“periods of experience” means periods of work experience which form part of a sandwich course;
“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2007(166), regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007(167) or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007(168);
“standard maintenance grant” means—
except where paragraph (b) or (c) applies, in the case of a student attending or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003(169) (“the 2003 Regulations”) for such a student;
except where paragraph (c) applies, in the case of a student residing at the student’s parent’s home, the amount specified in paragraph 3(2) of Schedule 2 to the 2003 Regulations;
in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980(170), the amount of money specified for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority;
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 2003 Regulations other than in paragraph (a) or (b) of that paragraph;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;
“student loan” means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998(171), sections 73(3), 73B and 74 of the Education (Scotland) Act 1980 or article 3 of the Education (Student Support) (Northern Ireland) Order 1998(172) and is to include, in Scotland, amounts paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 2007(173).
(2) For the purposes of the definition of “full-time student” in paragraph (1), a person is to be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—
(a) subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—
(i) on the last day on which the claimant is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
(ii) on such earlier date (if any) as the claimant finally abandons the course or is dismissed from it;
(b) in any other case, throughout the period beginning on the date on which the claimant starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as the claimant finally abandons it or is dismissed from it.
(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph is to include—
(a) where a person has failed examinations or has failed to successfully complete a module relating to a period when the claimant was attending or undertaking a part of the course as a full-time course of study, any period in respect of which the claimant attends or undertakes the course for the purpose of retaking those examinations or that module;
(b) any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which the claimant is required to attend or undertake the course.
(4) In paragraph (2), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.
132.—(1) The amount of student’s grant income to be taken into account, subject to paragraphs (2) and (3), is to be the whole of the student’s grant income.
(2) There is to be disregarded from the amount of a student’s grant income any payment—
(a) intended to meet tuition fees or examination fees;
(b) intended to meet additional expenditure incurred by a disabled student in respect of that student’s attendance on a course;
(c) intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
(d) on account of the student maintaining a home at a place other than that at which the student resides while attending the course but only to the extent that the student’s rent is not met by housing benefit;
(e) on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of that person;
(f) intended to meet the cost of books and equipment;
(g) intended to meet travel expenses incurred as a result of the student’s attendance on the course;
(h) intended for the maintenance of a child dependant;
(i) intended for the child care costs of a child dependant.
(3) Where a student does not have a student loan and is not treated as possessing such a loan, there is to be excluded from the student’s grant income—
(a) the sum of £290 per academic year in respect of travel costs; and
(b) the sum of £370 per academic year towards the costs of books and equipment,
whether or not any such costs are incurred.
(4) Subject to paragraph (6), a student’s grant income except any amount intended for the maintenance of adult dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 is to be apportioned—
(a) subject to paragraph (7), in a case where it is attributable to the period of study, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study;
(b) in any other case, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.
(5) Any grant in respect of an adult dependant paid under section 63(6) of the Health Services and Public Health Act 1968(174) (grants in respect of the provision of instruction to officers of hospital authorities) and any amount intended for the maintenance of an adult dependant under the provisions referred to in paragraph (4) is to be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53 weeks.
(6) In a case where a student is in receipt of a student loan or where that student could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of an adult dependant under provisions other than those referred to in paragraph (4) is to be apportioned over the same period as the student’s loan is apportioned or, as the case may be, would have been apportioned.
(7) In the case of a student on a sandwich course, any periods of experience within the period of study is to be excluded and the student’s grant income is to be apportioned equally between the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study.
133.—(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of the student’s covenant income to be taken into account for that period and any summer vacation immediately following is to be the whole amount of the student’s covenant income less, subject to paragraph (3), the amount of the contribution.
(2) The weekly amount of the student’s covenant income is to be determined—
(a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53; and
(b) by disregarding from the resulting amount, £5.
(3) For the purposes of paragraph (1), the contribution is to be treated as increased by the amount, if any, by which the amount excluded under regulation 132(2)(g) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(2) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003(175) (travel expenditure).
134.—(1) Where a student is not in receipt of income by way of a grant the amount of the student’s covenant income is to be calculated as follows—
(a) any sums intended for any expenditure specified in regulation 132(2)(a) to (e), necessary as a result of the student’s attendance on the course, are to be disregarded;
(b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded is to be apportioned equally between the weeks of the period of study and there is to be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under regulation 132(2)(f) and (g) and (3) had the student been in receipt of the standard maintenance grant;
(c) the balance, if any, is to be divided by 52 or, if there are 53 benefit weeks (including part-weeks) in the year, 53 and treated as weekly income of which £5 is to be disregarded.
(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of the student’s covenant income is to be calculated in accordance with paragraph (1), except that—
(a) the value of the standard maintenance grant is to be abated by the amount of the student’s grant income less an amount equal to the amount of any sums disregarded under regulation 132(2)(a) to (e); and
(b) the amount to be disregarded under paragraph (1)(b) is to be abated by an amount equal to the amount of any sums disregarded under regulation 132(2)(f) and (g) and (3).
135. No part of a student’s covenant income or grant income is to be disregarded under paragraph 16 of Schedule 8 (charitable and voluntary payments).
136.—(1) For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with regulation 137 (treatment of student loans), any amounts intended for any expenditure specified in regulation 132(2) (calculation of grant income) necessary as a result of the student’s attendance on the course is to be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 132(2) and (3), 133(3) (calculation of covenant income where a contribution is assessed), 134(1)(a) or (b) (calculation of covenant income where no grant income or no contribution is assessed) and 137(6) on like expenditure.
(2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income is to be disregarded.
137.—(1) A student loan is to be treated as income unless it is a specified loan or award in which case it is to be disregarded.
(2) For the purposes of paragraph (1), a “specified loan or award” means—
(a) in relation to England, a loan made by the Higher Education Funding Council for England under section 65 of the Further and Higher Education Act 1992(176);
(b) in relation to Wales, a loan made by the Higher Education Funding Council for Wales under section 65 of the Further and Higher Education Act 1992;
(c) in relation to Scotland, a loan made by an educational institution from funds it has received under the Education (Access Funds) (Scotland) Regulations 1990(177);
(d) in relation to Northern Ireland, an award made by the Department for Employment and Learning under article 51 of the Education and Libraries (Northern Ireland) Order 1986(178).
Section 74 has been amended by the Jobseekers Act 1995 (c. 18), paragraph 5 of the Schedule and the Act, paragraph 10(8) of Schedule 3. Back [151]
Section 74A was inserted by the Child Support Act 1995 (c. 34), section 25 and amended by the Civil Partnership Act 2004 (c. 33), sections 254(1) and 261(4), Part 4 of Schedule 24 and paragraph 60(a) to (c) of Schedule 30 and the Act, section 28(1) and paragraph 10(1) and (9) of Schedule 3. Back [152]
S.I. 1992/1989, the relevant amending instrument is S.I. 1995/1045. Back [153]
1980 c. 44. Back [155]
S.I. 1993/2810 (N.I. 12). The functions under article 30 were transferred by S.R. 1999/481 and the relevant amending instruments are S.I.1997/1772 (N.I. 15), S.I. 2005/1116 (N.I. 5) and S.I. 2005/1963 (N.I. 13). Back [156]
S.I. 1997/1772 (N.I. 15). Back [157]
2000 c. 21. Section 5 was amended by the Education Act 2002 (c. 32), section 178(1), (2)(a) and (b). Section 6 was amended by the Special Educational Needs and Disability Act 2001 (c. 10), sections 34(7) and 42(6) and Schedule 9. Section 9 was amended by the Education and Inspections Act 2006 (c. 40), section 176(2). Back [158]
1980 c. 44. Back [159]
1973 c. 65, section 123 was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180 and Schedule 13, paragraph 92(28). Back [161]
S.I. 1986/594 (N.I. 3). Back [162]
1965 c. 4. Back [163]
Section 142 was substituted by the Child Benefit Act 2005 (c. 6), section 1(2). Back [164]
S.I. 2007/176. Back [166]
S.S.I. 2007/154. Back [167]
S.R. 2007/195. Back [168]
S.I. 2003/1994. Back [169]
1980 c. 44. Back [170]
1998 c. 30. Section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146(1) and (2)(a), the Higher Education Act 2004 (c. 8), sections 42(1), 43(1), (2) and (3) and 50 and Schedule 7, the Income Tax (Earnings and Pensions) Act 2003 (c. 1), section 722 and Schedule 6, Part 2, paragraph 236(a) and (b) and the Finance Act 2003 (c. 14), section 147(3). Back [171]
S.I. 1998/1760 (N.I. 14). Back [172]
S.S.I. 2007/153. Back [173]
1968 c. 46. Section 63(6) was amended by the Health and Medicines Act 1988 (c. 49), section 20. Back [174]
S.I. 2003/1994, the relevant amending instrument is S.I. 2007/1629. Back [175]
S.I. 1986/594 (N.I. 3). Back [178]
Amended by correction slip on 01 July 2008
The Employment and Support Allowance Regulations 2008