OpenLegislation

Regulation 62 Calculation of grant incomeI1C1C2C3C4C5C6C7C8C9C10C11

England, Wales and Scotland

(1)

The amount of a student's grant income to be taken into account shall, subject to paragraphs F1(2) and (2A), be the whole of his grant income.

(2)

There shall be disregarded from the amount of a student's grant income any payment—

(a)

intended to meet tuition fees or examination fees;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

(d)

intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;

(e)

on account of the student maintaining a home at a place other than that at which he resides while attending his course but only to the extent that his rent F3... is not met by housing benefit;

(f)

on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

(g)

intended to meet the cost of books and equipmentF4... F5...;

(h)

intended to meet travel expenses incurred as a result of his attendance on the course.

F6(i)

intended for the maintenance F7... of a child dependant.

F8(j)

intended for the child care costs of a child dependant.

F9(k)

of higher education bursary for care leavers made under Part III of the Children Act 1989 F10or Part 6 of the Social Services and Well-being (Wales) Act 2014.

F11(2A)

Where a student does not have a student loan F12or a postgraduate F13... loan and is not treated as possessing F14a student loan or a postgraduate ... loan, there shall be excluded from the student’s grant income—

(a)

the sum of F15£303 per academic year in respect of travel costs; and

(F16b)

the sum of F17£390 per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

F18(2B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F19Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of F20adult dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 F21or intended for an older student under Part IV of that Schedule, shall be apportioned—

(a)

subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks F22in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study;

(b)

in any other case, equally between the weeks in the period F23beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.

F24(3A)

F25Any grant in respect of F26dependants an adult dependant paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and any amount intended for the maintenance of dependants an adult dependant F27... under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

F28(3B)

F29In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of F30dependants an adult dependant under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned orF31, as the case may be, would have been apportioned.

(4)

In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student's grant income shall be apportioned equally between F32the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study.

Annotations

Textual amendments

F1

Words in reg. 62(1) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(a)

F2

Reg. 62(2)(b) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(a) (with reg. 13)

F3

Words in reg. 62(2)(e) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 3(4)

F4

Words in reg. 62(2)(g) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(b) (with reg. 13)

F5

Words in reg. 62(2)(g) omitted (1.8.1999, 30.8.1999 in so far as not already in force) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(3)(a)

F6

Reg. 62(2)(i) added (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(a)

F7

Words in reg. 62(2)(i) deleted (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(3)(a)

F8

Reg. 62(2)(j) added (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(3)(b)

F9

Reg. 62(2)(k) added (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(10)

F10

Words in reg. 62(2)(k) inserted (3.11.2017) by The Social Services and Well-being (Wales) Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Order 2017 (S.I. 2017/901), arts. 1, 2(4)

F11

Reg. 62(2A) substituted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(3)(b)

F12

Words in reg. 62(2A) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(3)(a)

F13

Words in reg. 62(2A) omitted (15.7.2020) by virtue of The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 2(7)

F14

Words in reg. 62(2A) substituted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(3)(b)

F15

Word in reg. 62(2A)(a) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(2)(4)(a)

F16

Reg. 62(2A)(b) substituted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 3(2)(3)(c)

F17

Word in reg. 62(2A)(b) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(3)(4)(a)

F18

Reg. 62(2B) omitted (1.8.2006 for specified purposes and, 1.9.2006 in so far as not already in force) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 4(3)

F19

Words in reg. 62(3) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(d)

F20

Word in reg. 62(3) inserted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(c)

F21

Words in reg. 62(3) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(c)

F22

Words in reg. 62(3)(a) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(a)(4)(c)

F23

Words in reg. 62(3)(b) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(b)(4)(c)

F24

Reg. 62(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 24(b)

F25

Words in reg. 62(3A) inserted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 6(c)

F26

Words in reg. 62(3A) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(d)

F27

Words in reg. 62(3A) omitted (8.8.2003) by S.I. 2003/455, Sch. 2 para. 16(d) (as amended by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(a))

F28

Reg. 62(3B) inserted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(e)

F29

Words in reg. 62(3B) inserted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(a)(6)(c)

F30

Words in reg. 62(3B) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(e)

F31

Words in reg. 62(3B) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(b)(6)(c)

F32

Words in reg. 62(4) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(7)(8)(c)

Modifications

C1

Reg. 62 applied (with modifications) (1.9.2006) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2006 (S.I. 2006/2171), regs. 1(1), 2(2))

C2

Reg. 62 applied (with modifications) (18.10.2006) by S.I. 1988/551 (as amended by The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2791), regs. 1(1), 2(2))

C3

Reg. 62 applied (with modifications) (1.8.2010) by S.I. 2003/2382, Sch. 1 Table A (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010 (S.I. 2010/1727), regs. 1, 3(2))

C4

Reg. 62 modified (20.12.2010) by S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.2) Regulations 2010 (S.I. 2010/2759), regs. 1(2), 3(2))

C5

Reg. 62 applied (with modifications) (1.9.2012) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2012 (S.S.I. 2012/171), regs. 1(1), 2(2))

C6

Reg. 62 applied (with modifications) (1.8.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/1600), regs. 1(2), 2(a))

C7

Reg. 62 applied (with modifications) (1.9.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/1600), regs. 1(3), 3(2))

C8

Reg. 62 applied (with modifications) (14.12.2013) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2013 (S.S.I. 2013/327), regs. 1(1), 2(2))

C9

Reg. 62 applied (with modifications) (1.12.2016) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provisions) Regulations 2016 (S.I. 2016/1045), regs. 1(1), 2(4)(a) (with regs. 5, 6))

C10

Reg. 62 applied (with modifications) (1.4.2017) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017 (S.I. 2017/340), regs. 1(1), 5(4) (with reg. 8))

C11

Reg. 62 applied (with modifications) (1.4.2017) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/59), regs. 1(1), 3(4)(a) (with reg. 6))

Commencement

I1

Reg. 62 in force at 11.4.1988, see reg. 1

Notes on the whole SI

Textual amendments

F1

1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.

F2

1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

Notes on Part V

Modifications

C1

Pt. V applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. I Table A (with reg. 13)

Notes on Chapter VIII

Textual amendments

F1

Pt. V Ch. VIII heading substituted (29.3.2001) by The Income Support (General) Amendment Regulations 2001 (S.I. 2001/721), regs. 1, 2(b)