Regulation 43 Calculation of the base entitlement in relation to a course yearI1

England and Wales

(1)

The base entitlement of an eligible student in relation to a course year or part of a course year is calculated—

(a)

in accordance with regulation 44 in the case of an eligible student with reduced entitlement;

(b)

in accordance with regulation 45 in the case of an eligible student with full entitlement who is under the age of 60 on the relevant date and does not meet any of the conditions set out in sub-paragraph (c)(i) to (iv);

(c)

in accordance with regulation 46 in the case of an eligible student with full entitlement who is under the age of 60 on the relevant date and—

(i)

falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992^f1,

(ii)

is treated as being liable to make payments in respect of a dwelling prescribed by Regulations made under section 130(2) of the Social Security Contributions and Benefits Act 1992^f2,

(iii)

has no partner and satisfies regulation 14(1)(c) of the Universal Credit Regulations 2013^f3, or

(iv)

is liable, or treated as liable, under regulation 25(3) of the Universal Credit Regulations 2013 to make payments in respect of the accommodation that they occupy as their home;

(d)

in accordance with regulation 47 in the case of an eligible student with full entitlement who is aged 60 or over on the relevant date.

(2)

For the purposes of paragraph (1)—

(a)

“partner” has the meaning given in regulation 71(1)(k);

(b)

“the relevant date” means the first day of the first course year of the designated course.

(3)

The calculation of the base entitlement in regulations 44 to 47 is subject to regulation 42.

Annotations

Commencement

I1: Reg. 43 in force at 1.9.2026, see reg. 1(1)(b)

Footnotes

f1: 1992 c. 4. Section 124 was amended by paragraph 30(2), (4) and (5) of Schedule 2 and Schedule 3 to the Jobseekers Act 1995 (c. 18), paragraph 28 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 2(2) and (3) of Schedule 2 and Schedule 3 to the State Pension Credit Act 2002 (c. 16), paragraph 42 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), paragraph 9(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act 2007 (c. 5), section 3(1) of the Welfare Reform Act 2009 (c. 24) and section 58(2) of the Welfare Reform Act 2012 (c. 5) and repealed for specified purposes by Part 1 of Schedule 14 to the Welfare Reform Act 2012.
f2: There are amendments to section 130 which are not relevant to these Regulations.
f3: S.I. 2013/376, to which there are amendments not relevant to this provision.