Regulation 10 References to income

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

reg.10(4)(6) amended by Education (Assisted Places) 1998 reg.6
reg 10 am (W) by Education (Assisted Places) 2001 reg 2(1), (2)
reg 10 am (E) by Education (Assisted Places) 2001 art 2(1), (2)
reg 10 am by Education (Assisted Places) 2006 reg 2
reg 10 am by Education (Assisted Places) 2006 reg 3
reg 10 am (E) by Education (Assisted Places) 2004 reg 2(1), (2)
reg 10 am (E) by Education (Assisted Places) 2008 reg 2
reg 10 am (W) by Education (Assisted Places) 2008 reg 3
reg.10 amended by Education (Assisted Places) 1999 reg.2(2)
reg 10 am (E) by Education (Assisted Places) 2005 reg 2(1), (2)
reg 10 am (W) by Education (Assisted Places) 2005 reg 2(1), (2)
reg.10 amended by Education (Assisted Places) 2000 reg.2(2)
regs.9,10,12,13,14(1),15 applied by Education (Assisted Places) (Incidental Expenses) 1997 reg.11(2)
reg.10 amended by Education (Assisted Places) 2000 reg.2(2)
reg 10 am by Education (Assisted Places) 2009 SI 1561
reg 10 am (W) by Education (Assisted Places) 2003 reg 2(1), (2)
reg 10 am (E) by Education (Assisted Places) 2003 reg 2(1), (2)
reg 10 am (E) by Education (Assisted Places) 2007 reg 2
reg 10 am (W) by Education (Assisted Places) 2004 reg 2(1), (2)
reg 10 am (E) by Education (Assisted Places) 2002 reg 2(1), (2)
reg 10 am (W) by Education (Assisted Places) 2002 reg 2(1), (2)

(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—

(a)

the assisted pupil himself, and

(b)

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 (4) or (6) applies, the sum there mentioned.

(3)

In paragraph (2) “unearned income” means income other than such as arises from gainful employment.

(4)

Subject to paragraph (6), the relevant income, calculated as aforesaid, shall be reduced by £1,230 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 (5) below;

(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.

(5)

The payments referred to in paragraph (4)(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.

(6)

Where—

(a)

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 to which paragraph (7) applies, and

(b)

there has been deducted, in calculating the amount of that award, a sum exceeding £1,230 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 £1,230 prescribed in respect of that child by paragraph (4).

(7)

This paragraph applies to—

(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 payment of awards to students attending specified courses of further or higher education^f3;

(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 an education and library board in Northern Ireland pursuant to article 50(1) 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 purpose of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations.

(8)

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 3) 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 Schedule 5 to the Education Act 1980 (c. 20) and amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11). The substituted section 1 (as amended) is continued in force by paragraph 4 of Schedule 37 to the Education Act 1996 (c. 56).
f3: The applicable Regulations with effect from 1st September 1997 will be the Education (Mandatory Awards) Regulations 1997 (S.I. 1997/431).
f4: 1980 c. 44.
f5: The regulations in force at the date on which these Regulations are made are the Students' Allowances (Scotland) Regulations 1996 (S.I. 1996/1754), as amended by the Education Authority Bursaries and Students' Allowances (Scotland) (Amendment) Regulations 1997 (S.I. 1997/1049). The administrative arrangements for assessing assumed parental contributions are set out in the “Guide to Undergraduate Allowances 1997—98” (Form AB2) published in April 1997 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 applicable Regulations with effect from 1st September 1997 will be the Students Awards Regulations (Northern Ireland) 1997 (S.R. (N.I.) 1997 No. 361).