Regulation 42 Calculation of grant incomeI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg.42 rev.in pt. by Social Security Amendment (Students) 1999 reg.7(3)(a)
reg.42 amended by Social Security Amendment (Students) 1999 reg.7(3)(b)
reg. 42(2A)(a) word substituted by Tax Credits 2001 reg. 6(1)(2)(b)
reg. 42(2A)(b) word substituted by Tax Credits 2001 reg. 7(2)(b)
reg. 42(2A)(a) word substituted by Tax Credits 2002 reg. 3(1)(2)(b)
reg. 42(2A)(b) word substituted by Tax Credits 2002 reg. 4(1)(2)(b)

(1)

The amount of a student’s grant income to be taken into account shall, subject to F1paragraphs (2) F2, (2A) and (2B), be the whole of his grant income.

(2)

There shall be disregarded from 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 his 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 he resides during his course;

(e)

intended to meet the cost of books and equipment; F3...

(f)

intended to meet travel expenses incurred as a result of his attendance on the course.

F4(g)

that is an access fund payment and is intended to be used for any item other than daily living costs of any member of the student’s family or is used for any personal community charge, collective community charge contribution or council tax for which any member of that family is liable.

F5(2A)

Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—

(a)

the sum of F6£255 in respect of travel costs; and

(b)

where no amount has been disregarded under sub-paragraph (2)(e), the sum of F7£311 towards the cost of books and equipment,

whether or not any such costs are incurred.

F8(2B)

There shall be disregarded from a student’s grant income £20 of any weekly access fund payment used for daily living costs of any member of the student’s family or, where any access fund payment so used covers a period of more than a week, £20 for each complete week covered by the payment.

(3)

A student’s grant income, F9shall, subject to paragraph (5), be apportioned equally between the weeks in the period of 52 weeks beginning with the start of the academic year in respect of which the grant is payable.

F10(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

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. 42(1) substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), reg. 1(1), Sch. para. 13(a)
F2: Words in reg. 42(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(a)
F3: Words in reg. 42(2)(e) omitted (with effect in accordance with reg. 1(1)(d) of the amending S.I.) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(d)(i), 7(3)(a)
F4: Reg. 42(2)(g) added (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(b)
F5: Reg. 42(2A) substituted (with effect in accordance with reg. 1(1)(d) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(d)(i), 7(3)(b)
F6: Sum in Reg. 42(2A)(a) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(c)(i)
F7: Sum in Reg. 42(2A)(b) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(c)(ii)
F8: Reg. 42(2B) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(d)
F9: Words in reg. 42(3) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(e)
F10: Reg. 42(4) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1), 13(f)

Commencement

I1: Reg. 42 in force at 7.4.1992, see reg. 1