# The Education (Assisted Places) (Scotland) Regulations 2001, Regulation 9: References to income


(1) For the purposes of this Part the income of any person for a financial year shall, subject to the provisions of Schedule 1, be taken to be their total income for that year; and, in this paragraph and that Schedule, “total income” has the same meaning as in section 835 of the Income and Corporation Taxes Act 1988.
(2) For the purposes of this Part “relevant income” as respects parents of an assisted pupil means, in relation to any financial year, their income for that year aggregated with the unearned income for that year, if any, of the pupil and of any other of the parents' children who are wholly or mainly dependent on them at the time the relevant income is calculated less, where paragraph (3) or (5) applies, the sum there mentioned; and 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 £1,430 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 the parents or on payments made to that person or for their benefit as mentioned in paragraph (4);
(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 ones 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 purposes of these Regulations.
(5) Where a child (other than the assisted pupil) who is wholly or mainly dependent on the parents or on payments made to the child or for the child’s 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 £1,430 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that sum shall be deducted from the relevant income in lieu of the £1,430 prescribed in respect of that child by paragraph (3).
(6) The awards referred to in paragraph (5) are–
(a) an allowance granted by the Scottish Ministers pursuant to regulations from time to time in force and having effect under sections 73 and 74 of the Act providing for the payment of allowances to students;
(b) a bursary granted by an education authority pursuant to regulations from time to time in force and having effect under section 49 of the Act providing for the payment of bursaries to persons undertaking courses of full-time education which are not courses of school education;
(c) 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;
(d) an award made by–
(i) the Northern Ireland Executive’s Higher and Further Education, Training and Employment Department pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986 and regulations from time to time in force thereunder, being an award in respect of attendance at a course which commenced before 1st September 1999, a first degree course or a postgraduate course for the training of teachers; or
(ii) the Northern Ireland Executive’s Higher and Further Education, Training and Employment Department pursuant to article 51 of the said Order, being an award in respect of attendance at an approved postgraduate course at universities, colleges or other institutions, or other approved courses, or for the purpose of enabling or encouraging the holder to take advantage of educational facilities available to them.
(7) In this regulation, any reference to the parents of an assisted pupil is a reference to the persons who are the parents of the assisted pupil at the time the relevant income is calculated.

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Source: https://www.legislation.gov.uk/ssi/2001/222/regulation/9 (the official version)
Page: https://openlegislation.uk/education-assisted-places-scotland-regulations-2001/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.