Paragraph 1 Calculation of student’s income
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—
the first£525 of the aggregate of—
any income other than income of a kind mentioned in sub-paragraphs (b) to (s) and other than any sum treated as income under sub-paragraph (3); and
so much of any income mentioned in sub-paragraph (b) as is not disregarded under that sub-paragraph;
the first£2,150 of any income by way of—
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
in the case of a student released by his employer to attend the course, any payments made by that employer;
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)—
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
so much of that income or those payments as, when aggregated with any amount disregarded under sub-paragraph (a), does not exceed£1,200, if he is such a student as is so mentioned or is a student who has no parent living;
any disability pension not subject to income tax;
any bounty received as a reservist with the armed forces;
remuneration for work doneduring any year of the student’s course;
in the case of a student in whose case a parental contribution is by virtue of Part 2 of this Scheduleapplicable (at whatever amount including nil that contribution is ascertained to be) any payment which is made under covenant by a parent by reference to whose income that contribution falls to be ascertained;
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;
child benefit;
any allowance payable to him by an adoption agency in pursuance of a scheme approved by the Secretary of State under section 57(4) of the Adoption Act 1976f8;
any guardian’s allowance to which he is entitled under section 38 of the Social Security Act 1975;
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 1980f9;
any payments made to the student in pursuance of an order made under section 34 of the Children Act 1975f10;
any payments made to the student under the action programme of the European Community in Education and Training for Technology known as COMETTf11;
any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUSf12;
the first £2,000 of any pension other than one of the kind mentioned at sub-paragraph (d) above, however described, and including any such pension paid to the student as a widow, child or dependant.
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 course, in calculating his income for the purposes aforesaid there shall be deducted therefrom—
if, in the opinion of the authority, the obligation had been reasonably so incurred, an amount equal to the payment in question;
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;except that no deduction shall be made from the income of a married student where the student’s spouse is a dependant for the purpose of Part 3 of Schedule 2 and, in pursuance of paragraph 17(1) thereof, the payment is taken into account in determining the spouse’s income.
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).
Annotations
Footnotes
- f1
- f2
- f3
-
S.I. 1987/1969.
- f4
-
1975 c. 14; section 37A was inserted by section 22 of the Social Security Pensions Act 1975 (c. 60).
- f5
-
1977 c. 5; the relevant Order currently in force is the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883, amended by S.I. 1983/1116, 1521, 1986/592 and 1987/165).
- f6
-
1982 c. 24; the statutory schemes under Part II were constituted by the provisions of the Housing Benefits Regulations 1985 (S.I. 1985/677), to which there were amendments, the only relevant ones being contained in S.I. 1986/1009.
- f7
-
The scheme under Part II is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), as amended by S.I. 1988/661.
- f8
- f9
- f10
-
1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).
- f11
-
OJ No. L222, 8.8.86, p.17.
- f12
-
OJ No. L166, 25.6.87, p.20.