Regulation 38 Calculation of grant incomeI1
England, Wales and Scotland
The amount of a student’s grant income to be taken into account shall, subject to F1paragraphs (2) and (2A), be the whole of his grant income.
There shall be excluded from a student’s grant income any payment–
intended to meet tuition fees or examination fees;
intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, orthoptics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;
in respect of the student’s disability;
intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
on account of the student maintaining a home at a place other than that at which he resides during his course;
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 him;
intended to meet the cost of books and equipment (other than special equipment) or, in the case of a full-time student, if not so intended an amount equal to F2£267 towards such costs;
intended to meet travel expenses incurred as a result of his attendance on the course.
Where in pursuance of an award a student is in receipt of a grant in respect of maintenance under regulation 17(b) of the Education (Mandatory Awards) Regulations 1991 (payments) there shall be excluded from his grant income a sum equal to the amount specified in paragraph 7(4) of Schedule 2 to those Regulations (disregard of travel costs) being the amount to be disregarded in respect of travel costs in the particular circumstances of his case.
A student’s grant income shall be apportioned–
subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in that period;
in any other case, equally between the weeks in the period in respect of which it is payable.
In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.
Annotations
Textual amendments
- F1
Words in reg. 38(1) substituted (6.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(c), 21(2)
- F2
Sum in reg. 38(2)(g) substituted (7.9.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1992 (S.I. 1992/1585), regs. 1(1)(b)(ii), 2(2)(a) (with reg. 1(1)(b)(i))
- F3
Reg. 38(2A) inserted (6.4.1992) by The Housing Benefit and Community Charge Benefits (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/432), regs. 1(1)(c), 21(3)