Regulation 131 Calculation of grant income

(1)

The amount of a student’s grant income to be taken into account shall, subject to paragraphs F1(2) and (3), 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;

(b)

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

(c)

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

(d)

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 is not met by housing benefit;

(e)

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

(f)

intended to meet the cost of books and equipment F2... F3...

(g)

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

F4(h)

intended for the maintenance F5... of a child dependent.

F6(i)

intended for the child care costs of a child dependant.

F7(j)

of higher education bursary for care leavers made under Part III of the Children Act 1989 F8or Part 6 of the Social Services and Well-being (Wales) Act 2014.

F9(3)

Where a student does not have a student loan F10or a postgraduate F11... loan and is not treated as possessing F12a student loan or a postgraduate ... loan, there shall be excluded from the student’s grant income—

(a)

the sum of F13£303 per academic year in respect of travel costs; and

(b)

F14the sum of F15£390 F16per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

F17(3A)

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

F18(3A)

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

(4)

F19Subject to paragraph (5A), a student’s grant income except for any amount intended for the maintenance of F20adult dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999~~F21, or intended for an older student under Part IV of that Schedule,~~ shall be apportioned—

(a)

subject to paragraph (6), 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.

(5)

F24Any grant 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 ~~F25dependants~~ an adult dependant ~~F26or for an older student~~ under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

F27(5A)

F28In 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 ~~F29dependants~~ an adult dependant under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned orF30, as the case may be, would have been apportioned.

(6)

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 F31the 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. 131(1) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(6)(a)
F2: Words in reg. 131(2)(f) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
F3: Words in reg. 131(2)(f) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(a)
F4: Reg. 131(2)(h) added (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(a)
F5: Words in reg. 131(2)(h) deleted (coming into force in accordance with reg. 1(1)(b)(i) 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(4)(a)
F6: Reg. 131(2)(i) added (coming into force in accordance with reg. 1(1)(b)(i) 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(4)(b)
F7: Reg. 131(2)(j) added (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 4(10)
F8: Words in reg. 131(2)(j) 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, 6(4)
F9: Reg. 131(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(b)
F10: Words in reg. 131(3) 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, 3(3)(a)
F11: Words in reg. 131(3) omitted (15.7.2020) by virtue of The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(7)
F12: Words in reg. 131(3) 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, 3(3)(b)
F13: Word in reg. 131(3)(a) substituted (1.8.2009 for specified purposes and with effect in accordance with reg. 1(3)) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), regs. 1(3), 2(2)(4)(b)
F14: Reg. 131(3)(b) substituted (with effect in accordance with reg. 1(b)(c) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 3(2)(3)(d)
F15: Word in reg. 131(3)(b) substituted (1.8.2009 for specified purposes and with effect in accordance with reg. 1(3)) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), regs. 1(3), 2(3)(4)(b)
F16: Words in reg. 131(3)(b) substituted (for specified purposes and with effect in accordance with reg. 1(3)(a) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2007 (S.I. 2007/1632), reg. 1(3)(b), reg. 3(2)(b)
F17: Reg. 131(3A) omitted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2005 (S.I. 2005/1807), reg. 2(7) (with reg. 2(9))
F18: Reg. 131(3A) omitted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 5(3)
F19: Words in reg. 131(4) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(6)(d)
F20: Word in reg. 131(4) inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(c)
F21: Words in reg. 131(4) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(c)
F22: Words in reg. 131(4)(a) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(a)(4)(d)
F23: Words in reg. 131(4)(b) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(b)(4)(d)
F24: Words in reg. 131(5) inserted (with effect in accordance with reg. 1(b)(c) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 6(d)
F25: Words in reg. 131(5) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(d)
F26: Words in reg. 131(5) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(d)
F27: Reg. 131(5A) inserted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(6)(e)
F28: Words in reg. 131(5A) inserted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(a)(6)(d)
F29: Words in reg. 131(5A) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) 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. 2 para. 16(e)
F30: Words in reg. 131(5A) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(b)(6)(d)
F31: Words in reg. 131(6) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(7)(8)(d)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

Notes on Students

Textual amendments

F1: Ch. IX, Pt. VIII Title substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(3)