OpenLegislation

Regulation 113 Amount of assistanceI1

Northern Ireland

(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—

PTFTx100

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 110; and

(b)

the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 110.

(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 120(6), the amount of assistance payable in respect of an academic year is as follows—

(a)

the maximum amount of assistance available under regulation 112(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 (Northern Ireland) Act 1992f1to income support or housing benefit; or

(ii)

under Part II of the Jobseekers (Northern Ireland) Order 1995f2 to income–based jobseekers allowance or under section 1 of the Employment and Training Act (Northern Ireland)1950f3 to new deal allowance; F1or

F2(iii)

under Article 30A of the Rates (Northern Ireland) Order 1977 to rates relief;

(b)

where the relevant income is less than £15,700, the maximum amount of assistance available under regulation 112(1) is payable;

(c)

where the relevant income is £15,700, the maximum amount of assistance available under regulation 112(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 112(1)(a);

(d)

where the relevant income exceeds £15,700 but is less than £23,680, the maximum amount of assistance available under regulation 112(1)(b) is payable and the amount of assistance payable under regulation 112(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 112(1)(b) is payable and the amount of assistance payable under regulation 112(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 112(1)(b) is payable and no assistance is payable under regulation 112(1)(a);

(g)

where the relevant income is £24,280 or more but less than £26,180, no assistance is available under regulation 112(1)(a) and the amount of assistance payable under regulation 112(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 112(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 112(1)(a) and the amount of assistance payable under regulation 112(1)(b) is £50;

(i)

where the relevant income exceeds £26,180, no assistance is payable under regulation 112(1).

(6)

Where paragraph (5)(d) applies, the amount of assistance payable under regulation 112(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 112(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 112(1)(a) is payable).

Annotations

Textual amendments

F1

Word in reg. 113(5)(a)(ii) inserted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 20(2)

F2

Reg. 113(5)(a)(iii) inserted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 20(3)

Commencement

I1

Reg. 113 in operation at 1.5.2007, see reg. 1

Footnotes

f1

1992 c.7; Part V11 was amended by Schedule 4 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c.9.), Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)), Article 3(2) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 10)), Schedule 2 to the Social Security (Incapacity for Work) Order 1994 (S.I. 1994/1898 (N.I. 12)), Schedules 2 and 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Schedules 2 and 3 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 6 to the Tax Credits Act 2002 (c.21), Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)), Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 24 to the Civil Partnership Act 2004 (c.33) and Article 18 of the Social Security Benefits Up-rating Order (Northern Ireland ) 2006 (S.R. 2006 No. 109)

f2

S.I. 1995/2705 (N.I. 15); Part II was amended by Schedule 1 to the Employments Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 N.I. 16)), Schedules 6 and 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Schedules 7, 8 and 10 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 1 to the National Insurance Contributions Act 2002 (c.19), Schedule 6 to the Income Tax (Earning and Pensions) Act 2003 (c.1), Schedule 24 to the Civil Partnership Act 2004 (c.33) and paragraph 2 of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006 No. 37)

f3

1950 c. 29 (N.I.) Section 1(1) was substituted and sub-sections 1(A), 1(B) and 1(C) inserted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))