{
  "url": "https://openlegislation.uk/education-mandatory-awards-regulations-1987/schedule-3/paragraph-1",
  "json_url": "https://openlegislation.uk/education-mandatory-awards-regulations-1987/schedule-3/paragraph-1.json",
  "legislation": "uksi/1987/1261",
  "legislation_title": "The Education (Mandatory Awards) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/education-mandatory-awards-regulations-1987",
  "path": "schedule/3/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Calculation of student’s income",
  "text": "(1) In calculating the student’s income for the purposes of Regulation 18(1)(b) there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, but there shall be disregarded the following resources–\n(a) the first £491 of the aggregate of –\n(i) any income other than income of a kind mentioned in subparagraphs (b) to (r) and other than any sum treated as income under sub-paragraph (3); and\n(ii) so much of any income mentioned in sub-paragraph (b) as is not disregarded under that sub-paragraph;\n(b) the first £2,000 of any income by way of–\n(i) scholarship, studentship, exhibition or award of a similar description bestowed on the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award bestowed in pursuance of section 1 of the Education Act 1962; and\n(ii) in the case of a student released by his employer to attend the course, any payments made by that employer;\n• • •\n(c) in the case of a student (other than one who is independent by virtue of regulation 3(1)(a), (b) or, unless he has no parent living, (c), notwithstanding in the case of (a) or (b) that he may also be independent by virtue of regulation 3(1)(d)) for whose benefit any income is applied, or payments are required to be applied, as mentioned in paragraph 5(5)–\n(i) the whole of that income or those payments unless he is such a student as is mentioned in paragraph 3(b) or (c) or is a student who has no parent living; or\n(ii) so much of that income or those payments as, when aggregated with any amount disregarded under sub-paragraph (a), does not exceed £966, if he is such a student as is so mentioned or is a student who has no parent living;\n(d) any disability pension not subject to income tax;\n(e) any bounty received as a reservist with the armed forces;\n(f) remuneration for work done;\n(g) in the case of a student in respect of whom a parental contribution is by virtue of Part 2 of this Schedule treated as forming part of his resources, any payment made under covenant by a parent by reference to whose income that contribution falls to be ascertained;\n(h) any payment made for a specific educational purpose otherwise than to meet such fees and such requirements for maintenance as are specified in Schedules 1 and 2;\n(i) child benefit;\n(j) any benefit under the Supplementary Benefits Act 1976;\n(k) any attendance or mobility allowance under section 35 or 37A of the Social Security Act 1975, or any mobility supplement provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977;\n(l) any rate or rent rebate or rent allowance granted to him in pursuance of a statutory or local scheme under Part II of the Social Security and Housing Benefits Act 1982;\n(m) any allowance payable to him by an adoption agency in pursuance of a scheme approved by the Secretary of State under section 50 of the Adoption Act 1958;\n(n) any guardian’s allowance to which he is entitled under section 38 of the Social Security Act 1975;\n(o) in the case of a student with whom a child in the care of a local authority is boarded out, any payment made to him in pursuance of section 21(1) of the Child Care Act 1980;\n(p) any payments made to the student in pursuance of an order made under section 34 of the Children Act 1975;\n(q) any payments made to the student under the action programme of the European Community in Education and Training for Technology known as COMETT;\n(r) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERAMUS.\n(2) In the case of such a student as is described in paragraph 3(a) who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes aforesaid there shall be deducted therefrom–\n(a) if, in the opinion of the authority, the obligation had been reasonably so incurred, an amount equal to the payment in question;\n(b) if, in their opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to them appropriate;\nexcept that no deduction shall be made from the student’s income under this sub-paragraph if he is married, his spouse is a dependant for the purposes of Part 3 of Schedule 2 and, in pursuance of paragraph 17(1) thereof, the payment is taken into account in determining her income.\n(3) In a case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part 2 of this Schedule, so much of the amount (if any) by which the contribution is reduced under paragraph 4(2) as the authority consider just shall be treated as part of the student’s income for the purposes of regulation 18(1)(b).\n• • •",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1976 c. 71."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1982 c. 24; the statutory schemes under Part II are currently constituted by the provisions of the Housing Benefits Regulations 1985 (S.I. 1985/677, to which there are amendments, the only ones relevant being contained in S.I. 1986/1009)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1958 c. 5 (7 & 8 Eliz. 2), amended by section 32 of the Children Act 1975."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1980 c. 5."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ No. L222, 8.8.86, p. 17."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ No. L166, 25.6.87, p. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/1261/schedule/3/paragraph/1",
    "retrieved_at": "2026-10-29T16:23:29.360391+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}