Regulation 115 Amount of assistance

(1)

The basic grant varies according to the intensity of study.

(2)

The intensity of study is calculated as follows and expressed as a percentage—
$\frac{P T}{F T} x 100$
where
PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if he successfully completes the academic year in connection with which he is applying for support;
FT is—
1. (a)
  
  where the course is provided by or on behalf of the Open University, 120;
2. (b)
  
  where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

(3)

For the purposes of paragraph (2) —

(a)

“full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 112; and

(b)

the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 112.

(4)

The “basic grant” is—

(a)

£765 where the intensity of study is less than 60 per cent. (“level 1”);

(b)

£920 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(c)

£1,150 where the intensity of study is 75 per cent. or more (“level 3”).

(5)

Subject to paragraph (6) and regulation 122(6), the amount of assistance payable in respect of an academic year is as follows—

(a)

the maximum amount of assistance available under regulation 114(1) is payable if at the date of his application the eligible part-time student or his partner is entitled—

(i)

under Part VII of the Social Security Contributions and Benefits Act 1992^f1 to income support, housing benefit or council tax benefit; or

(ii)

under Part 1 of the Jobseekers Act 1995^f2 to income–based jobseekers allowance or under section 2 of the Employment and Training Act 1973^f3 to an allowance under the arrangements known as the New Deal;

(b)

where the relevant income is less than £15,700, the maximum amount of assistance available under regulation 114(1) is payable;

(c)

where the relevant income is £15,700, the maximum amount of assistance available under regulation 114(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 114(1)(a);

(d)

where the relevant income exceeds £15,700 but is less than £23,680, the maximum amount of assistance available under regulation 114(1)(b) is payable and the amount of assistance payable under regulation 114(1)(a) is the amount determined in accordance with paragraph (6);

(e)

where the relevant income is £23,680, the maximum amount of assistance available under regulation 114(1)(b) is payable and the amount of assistance payable under regulation 114(1)(a) is £50;

(f)

where the relevant income exceeds £23,680 but is less than £24,280, the maximum amount of assistance available under regulation 114(1)(b) is payable and no assistance is payable under regulation 114(1)(a);

(g)

where the relevant income is £24,280 or more but less than £26,180, no assistance is available under regulation 114(1)(a) and the amount of assistance payable under regulation 114(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 114(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £24,280;

(h)

where the relevant income is £26,180, no assistance is payable under regulation 114(1)(a) and the amount of assistance payable under regulation 114(1)(b) is £50;

(i)

where the relevant income exceeds £26,180, no assistance is payable under regulation 114(1).

(6)

Where paragraph (5)(d) applies, the amount of assistance payable under regulation 114(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 114(1)(a) one of the following amounts—

(a)

£50 plus a further £1 for each complete £12, £9.73 or £7.60 by which the relevant income exceeds £15,700 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b)

where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 114(1)(a) is payable).

Annotations

Footnotes

f1: 1992 c. 4; Part VII was amended by the Housing Act 1991 (c. 52), Schedule 19; the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14; the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3; the Housing Act 1996 (c. 52), Schedule 19 Part 6; the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8; the Health and Social Care Act 2001 (c. 15), Schedule 6 Part 3; the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3, the Tax Credits Act 2002 (c. 21), Schedule 6; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, paragraphs 169 and 179 and the Civil Partnership Act 2004 (c. 33), Schedule 24.
f2: 1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1; the Social Security Act 1998 (c. 14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 7, 8 and 1; the State Pension Credit Act 2002 (c. 16), Schedule 2; the National Insurance Contributions Act 2002 (c. 19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6; the Civil Partnership Act 2004 (c. 33), Schedule 24 and S.I. 2006/343.
f3: 1973 c. 50; section 2 as substituted by the Employment Act 1988 (c. 19) was amended by the Employment Act 1989 (c. 38), Schedule 7. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47 in relation to Scotland only.