Regulation 10 Amendments to the Regulations

(1)

Paragraph 4 of Schedule 3 shall be amended as follows.

(2)

In sub-paragraph (1)—

(a)

for “The parental contribution shall subject to sub-paragraphs (2) and (3) be in” substitute “In”;

(b)

after “£20,970 or more” insert “the parental contribution shall subject to sub-paragraphs (2) to (6) be”;

(c)

after “£9.50 by which” for “it” substitute “the residual income”; and

(d)

after “other than the” insert “eligible”.

(3)

For sub-paragraph (2) substitute—

“(2)

For the purposes of this paragraph—

(a)

the amount or (where a contribution is ascertained in respect of more than one child of the eligible student’s parent) the aggregate amount of the parental contribution shall in no case exceed £6,910; and

(b)

where a contribution is ascertained in respect of more than one child of the eligible student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount.”.

(4)

In sub-paragraph (3)—

(a)

in the first line after “statutory award” insert “other than one referred to in sub-paragraph (4)”;

(b)

in paragraph (a) after “of the” insert “eligible student's”;

(c)

in the first line after paragraph (c) for “for the” substitute “in respect of”;

(d)

omit “; provided that where a contribution is ascertained in respect of more than one child of the parent the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount”.

(5)

After sub-paragraph (3) insert—

“(4)

For any year in which a statutory award under these Regulations, the Education (Mandatory Awards) Regulations 2002 or section 63 of the Health Services and Public Health Act 1968^f1 but no other statutory award is held by—

(a)

more than one child of the eligible student’s parent;

(b)

his parent; or

(c)

his step-parent,

the parental contribution in respect of the eligible student shall subject to sub-paragraphs (5) and (6) be such proportion of any contribution ascertained in accordance with this Part as is equal to the proportion in respect of the other or (as the case may be) each other statutory award holder.

(5)

Subject to sub-paragraph (6), if by apportioning the parental contribution in accordance with sub-paragraph (4) it would not all apply to statutory awards and one or more statutory award holders would hold any statutory award to which it could have applied but for the apportionment, the parental contribution shall instead apply—

(a)

first to the statutory award of the or (as the case may be) each statutory award holder eligible for the smallest aggregate amount of statutory award to which the contribution may apply, and

(b)

then to the statutory award of the remaining statutory award holder or, if there is more than one remaining statutory award holder, equally to the statutory award of each.

(6)

If by apportioning the parental contribution equally in accordance with sub-paragraph (5)(b)—

(a)

it would not all apply, and

(b)

one or more remaining statutory award holders would hold any statutory award to which it could have applied but for the apportionment

it shall instead apply first to the statutory award of the (or as the case may be) each remaining statutory award holder eligible for the next smallest aggregate amount of statutory award to which it may apply until the balance can be apportioned equally without any remaining statutory award holder holding any statutory award to which it could have applied but for the apportionment.”.

Annotations

Footnotes

f1: 1968 c. 46.