OpenLegislation

Regulation 23 CalculationsI1

England and Wales

(1)

Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the student qualifies under regulations 20 to 22 is the amount of that element remaining after applying, until it is extinguished or no element remains payable under regulations 20 to 22, an amount equal to (A – B) as follows and in the following order—

(a)

to reduce the basic amount of the adult dependants’ grant where the student qualifies for that element under regulation 20; and

(b)

to reduce the basic amount of the parents’ learning allowance where the student qualifies for that element under regulation 22.

(2)

Subject to paragraph (4) and regulation 24, where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the student qualifies is payable.

(3)

Where (A – B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4)

The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a)

the student’s partner—

(i)

is an eligible student; or

(ii)

holds a statutory award; and

(b)

account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which the partner is entitled under the statutory award.

(5)

Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(6)

For the purposes of this regulation—

  • A is the aggregate of the net income of each of the eligible student’s dependants; and

  • B is—

    1. (a)

      £1,159 where the student has no dependent children;

    2. (b)

      £3,473 where the student is not a lone parent and has one dependent child;

    3. (c)

      £4,627 where the student is not a lone parent and has more than one dependent child;

    4. (d)

      £4,627 where the student is a lone parent and has one dependent child;

    5. (e)

      £5,792 where the student is a lone parent and has more than one dependent child.

Annotations

Commencement

I1

Reg. 23 in force at 17.4.2010, see reg. 1