# The Education (Assisted Places) Regulations 1997, Regulation 10: 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.
(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 providing for the payment of awards to students attending specified courses of further or higher education;
(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 providing for the payment of allowances to students; 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 and regulations from time to time in force thereunder, 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.

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Source: https://www.legislation.gov.uk/uksi/1997/1968/regulation/10 (the official version)
Page: https://openlegislation.uk/education-assisted-places-regulations-1997/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.