Regulation 11 References to income

(1)

For the purposes of these Regulations, the income of any person for a financial year shall be taken to be his total income for that year; and, subject to the provisions of Schedule 1, in this paragraph and that Schedule “total income” has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988^f1

(2)

For the purposes of these Regulations “relevant income” as regards an assisted pupil means, in relation to any financial year, the income of the assisted pupil’s parents aggregated with the unearned income of—

(i)

the assisted pupil himself, and

(ii)

any children (apart from the assisted pupil) of the parents who are wholly or mainly dependent on one or both of them at the time the relevant income is calculated

less, where paragraph (3) or(5) applies, the sum there mentioned.

In this paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.

(3)

Subject to paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,165 in respect of each person other than the assisted pupil who—

(a)

at the time the relevant income is calculated, is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit as mentioned in paragraph (4), and

(b)

is a child or other relative of one or both of the parents, and

(c)

normally resides in the same household as the parents and the assisted pupil.

(4)

The payments referred to in paragraph (3)(a) are payments made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of Schedule 1 but excluding any other payments which fall to be deducted in ascertaining total income for the purpose of these Regulations.

(5)

Where a child (other than the assisted pupil) who is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit by one or both of them, is the holder of an award of a kind described in paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,165 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that higher sum shall be deducted from the relevant income in lieu of the £1,165 prescribed in respect of that child by paragraph (3).

(6)

An award referred to in paragraph (5) is—

(a)

a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962^f2 providing for the payments of awards to students attending specified courses of further or higher education^f3; or

(b)

an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980^f4 providing for the payment of allowances to students^f5; or

(c)

an award made by

(i)

an education and library board in Northern Ireland pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986^f6 and regulations from time to time in force thereunder^f7, being an award for the purposes of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations; or

(ii)

an education and library board in Northern Ireland pursuant to article 51 of the said Order and regulations from time to time in force thereunder^f8 being an award in respect of attendance at a course for the training of teachers.

(7)

In this Regulation any reference to the parents of an assisted pupil is a reference to the persons who are his parents (as defined in regulation 2(2)) at the time that the relevant income is calculated.

Annotations

Footnotes

f1: 1988 c. 1. Section 1(2)(b) was amended by section 24(2)(a) of the Finance Act 1988 (c. 39).
f2: 1962 c. 12; section 1 was substituted by section 19 and Schedule 5 to the Education Act 1980 (c. 20) and amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11).
f3: The Regulations in force at the date on which these Regulations are made are the Education (Mandatory Awards) (No. 2) Regulations 1993 (S.I. 1993/2914) and the Education (Mandatory Awards) (Amendment) Regulations 1994 (S.I. 1994/1606). Both of the said regulations are to be revoked on 1st September 1995 and replaced by the Education (Mandatory Awards) Regulations 1994 (S.I. 1994/3044).
f4: 1980 c. 44.
f5: The Regulations in force at the date on which these Regulations are made are the Students' Allowances (Scotland) Regulations 1991 (S.I. 1991/1552), as amended by S.I. 1993/3184 and S.I. 1994/3148. The administrative arrangements for assessing assumed parental contributions were set out in the “Guide to Undergraduate Allowances 199495” (Form AB2) published in April 1994 by the Students Awards Agency for Scotland, copies of which are obtainable from Gyleview House, 3 Redheughs Rigg, South Gyle, Edinburgh EH12 9HH.
f6: S.I. 1986/594 (N.I.3).
f7: The Regulations in force at the date on which these Regulations are made are the Students Awards Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No. 1).
f8: The Regulations in force at the date on which these Regulations are made are the Students Awards Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No. 1).