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Paragraph 6 Deductions

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

(1)

For the purposes of determining the income of a student’s parent (and, accordingly, the parent’s gross income), in so far as in computing his total income for income tax purposes any deductions fall to be made—

(a)

by way of personal reliefs provided for in Chapter I of Part VII of section 280 of the Income and Corporation Taxes Act 1988;

(b)

in respect of any payment made by the parent under covenant;

(c)

in pursuance of any Act passed after the passing of the Finance Act 1987f1 on 15 May 1987; or

(d)

without prejudice as aforesaid, of a kind mentioned in sub-paragraph (2), the parent’s income shall be determined as though those deductions did not fall to be made.

(2)

For the purpose of determining a parent’s residual income there shall be deducted from his gross income—

(a)

in respect of any person, other than a spouse, child or holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,080 exceeds the income of that person in that year;

(b)

the gross amount of any sums paid as interest (including interest on a mortgage) in respect of which relief is given under the Income Tax Acts in respect of a loan to the parent;

(c)

half of the gross amount of any premium payable under a policy of life insurance in respect of which relief is given under section 266 of the Income and Corporation Taxes Act 1988 (life policy and certain other premiums) in the relevant year;

(d)

the gross amount of any other premium or sum in respect of which relief is given under section 266, 273, 619 or 639 of that Act in the relevant year;

(e)

where the parents ordinarily live together and one of them is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,630;

(f)

where a parent whose marriage has terminated either is gainfully employed or is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,630;

(g)

in respect of additional expenditure incurred by reason of the fact that the parent lives in a place where the cost of living is higher than that cost in the United Kingdom, such sum (if any) as the authority consider reasonable in all the circumstances;

(h)

in the case of a parent who holds a statutory award, the amount by which the aggregate of his requirements for his ordinary maintenance (ascertained in accordance with Part I of Schedule 2) and £845 exceeds the sum payable in respect of maintenance in pursuance of that award;

(i)

any payments made to the parent pursuant to an order made under section 34 of the Children Act 1975f2 or under section 15 of and Schedule 1 to the Children Act 1989f3 in respect of a person who is not his child.

(3)

In any case where income is computed as though it were total income by virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in paragraphs (b), (c), (d) or (i) of sub-paragraph (2), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent’s income were in fact total income.

Annotations

Footnotes

f1

1987 c. 16.

f2

1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22); the Act was repealed by the Children Act 1989 (c. 41), section 108(7) and Schedule 15.

f3

1989 c. 41; section 15 was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16, paragraph 10(1), and by the Maintenance Enforcement Act 1991 (c. 17), section 11(1) and Schedule 2, paragraph 10; Schedule 1 was amended by the Courts and Legal Services Act 1990, section 116 and Schedule 16, paragraphs 10(2) and 26, by the Maintenance Enforcement Act 1991, section 6, by the Child Support Act 1991 (c. 48), section 58(14), by the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992 (S.I. 1992/709), article 3(1) and Schedule 2, by the Maintenance Orders (Backdating) Order 1993 (S.I. 1993/623), article 2 and Schedule 1.