OpenLegislation

Regulation 5 Income conditionI1

England and Wales

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

(1)

The condition specified in this Regulation is—

(a)

where the student’s parents live together as husband and wife (whether or not they are married to each other) and the student is not an independent student, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;

(b)

where the student’s parents do not live together as husband and wife and the student is not an independent student,

(i)

if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;

(ii)

if paragraph (3) applies, that the income of the student’s relevant parent did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;

(c)

where the student is an independent student, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.

(2)

This paragraph applies where the income of the relevant parent includes a maintenance payment other than one made under an arrangement made by the Child Support Agency pursuant to the Child Support Act 1991f1 and where it is reasonably practicable for the relevant authority to ascertain the income of the other parent.

(3)

This paragraph applies where the income of the relevant parent—

(a)

does not include a maintenance payment; or

(b)

includes a maintenance payment made under an arrangement made by the Child Support Agency pursuant to the Child Support Act 1991; or

(c)

includes any maintenance payment not falling within sub-paragraph (b), but where it is not reasonably practicable for the relevant authority to ascertain the income of the other parent.

(4)

Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph (1)(a), (b) or (c) (as appropriate to the student in question) is likely, during the tax year following that referred to in paragraph (1)—

(a)

not to exceed the relevant amount; and

(b)

to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),

the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.

(5)

For the purposes of this Regulation the income of a person is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988f2 less the amount (if any) specified in paragraph (6) but—

(a)

where paragraph (2) applies—

(i)

the relevant parent’s total income shall be computed as though the maintenance payment was not part of the parent’s total income; and

(ii)

the other parent’s income shall be computed without any deduction for the maintenance payment;

(b)

where paragraph (3) applies the relevant parent’s total income shall be computed as though the maintenance payment was part of the parent’s total income,

whether or not, in either case, it would be so computed apart from the provisions of this Regulation.

(6)

The amount referred to in paragraph (5) is £1,000 multiplied by the number of applicable children and for the purpose of this paragraph an applicable child is—

(a)

a child (excluding the student in respect of whom the allowances are to be paid) in respect of whom either of the student’s parents (where the student’s parents live together as husband and wife) or the student’s relevant parent (where the student’s parents do not live together as husband and wife) is entitled to child benefit under Part IV of the 1992 Act for any week during the relevant period comprising the academic year in respect of which the allowance is paid; and

(b)

a child of one of the student’s parents (excluding the student in respect of whom the allowances are to be paid) who is entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for any day during the relevant period comprising the academic year in respect of which the allowance is paid.

(7)

In this regulation—

  • “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which—

    1. (a)

      is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 or under a separation agreement; and

    2. (b)

      is made by—

      1. (i)

        one of the parties to a marriage (including a marriage which has been dissolved or annulled) to or for the benefit and for the maintenance of the other party; or

      2. (ii)

        one of the parents of the student to or for the benefit, and for the maintenance or education of the student.

    3. (c)

      is due at a time when—

      1. (i)

        as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the parties are not living together as husband and wife; or

      2. (ii)

        as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) the parent making the payment does not reside in the same household as the student; and

  • “the relevant amount” means—

    1. (a)

      £20,000, where the relevant authority is Barking and Dagenham, Brent, Camden, Ealing, Greenwich, Hackney, Halton, Hammersmith and Fulham, Haringey, Hartlepool, Islington, Kingston-upon-Hull, Lambeth, Lewisham, Newham, Salford, Sandwell, Southwark, Tower Hamlets, Waltham Forest, or Wandsworth,

    2. (b)

      £25,000 where the relevant authority is St. Helens, Wirral, Bradford, or Barnsley,

    3. (c)

      £30,000 in any other case;

  • “the relevant parent” means (where the student’s parents do not live together as husband and wife), the parent with whom the student normally resides, or where the student is not an independent student but does not normally reside with either of his parents, whichever of the student’s parents as the authority determines.

Annotations

Commencement

I1

Reg. 5 in force at 20.8.2001, see reg. 1

Footnotes

f1

1991 c. 48; amended by the Child Support, Pensions and Social Security Act 2000 (c. 19).

f2

1988 c. 1.