# Students Awards Regulations (Northern Ireland) 1999, Paragraph 1: Calculation of student’s income

Extent: N.I.

(1) In calculating the student’s income for the purposes of regulation 12(1)(b) there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, and any payment referred to in paragraph (b), whether or not it is income, but there shall be disregarded the following—
(a) the first £820 of income of any description;
(b) the first £3,865 of any payment by way of—
(i) an award made to the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award made in pursuance of Article 50 or 51; and
(ii) in the case of a student released by his employer to attend the course, any payments made by that employer;
(c) any grant to facilitate teacher training paid to the student under regulations made under section 50(1) of the Education (No. 2) Act 1986;
(d) in the case of a student for whose benefit any income is applied or any payments are required to be applied as described in paragraph 5(5)—
(i) the whole of that income or those payments if a parental contribution ascertained in accordance with Part II or a spouse’s contribution ascertained in accordance with Part III is applicable (at whatever amount including nil that contribution is ascertained to be); or
(ii) the first £1,855 of that income or those payments if such a contribution would be applicable but for the fact that the student has no parent living or is such a student as is described in paragraph 3(b), (c), (d), or (e);
(e) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the student is subject;
(f) any bounty received as a reservist with the armed forces or in the Royal Irish Regiment or in the Royal Ulster Constabulary Reserve;
(g) remuneration for work done during any academic year of the student’s course;
(h) in the case of a student in whose case a parental contribution is by virtue of Part II applicable (at whatever amount, including nil, that contribution is ascertained to be) any payment which is made under covenant by a parent by reference to whose income that contribution falls to be ascertained;
(i) any payment made for a specific educational purpose otherwise than to meet such fees as are mentioned in Part III and living costs as are mentioned in Parts IV and V;
(j) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(k) any allowance payable to the student by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987;
(l) any guardian’s allowance to which he is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(m) in the case of a student with whom a child has been placed by a Health and Social Services Board or a Health and Social Services Trust, under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, any payment made to him in pursuance of that Article;
(n) any payments made to the student in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child, or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 35 and 36 of that Order;
(o) income support or family credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1987;
(p) any housing benefit granted to the student in pursuance of a statutory or local scheme under Section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(q) the first £3,105 of any pension, allowance or other benefit payable by reason of the student’s old age, his retirement, the death of his spouse or parent or another person on whom he was wholly or mainly financially dependent, or by reason of his military or other public service;
(r) any payments made to the student under the action scheme of the European Community for the mobility of university students known as ERASMUS, the European Community programme for foreign language competence known as LINGUA or the European Community programme known as LEONARDO DA VINCI;
(s) any payment made to the student out of access funds held by the institution at which he attends his course.
(2) Where income may be disregarded under more than one of the sub-paragraphs of paragraph (1) it shall be disregarded under the sub-paragraph or sub-paragraphs which will result in the largest amount of the student’s income from all sources being disregarded under paragraph (1).
(3) Where the student is a European student and his income arises from sources or under legislation different from sources or legislation normally relevant to a person who is settled in the United Kingdom within the meaning of the Immigration Act 1971 his income shall be disregarded in accordance with paragraph (1) but shall be disregarded to the extent necessary to ensure that he is treated no less favourably than a person in similar circumstances in receipt of similar income who is settled in the United Kingdom.
(4) In the case of a student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes of regulation 12(1)(b) there shall be deducted therefrom—
(a) if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;
(b) if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate,
except that no deduction shall be made from the income of a married student where the student’s spouse is a dependant for the purposes of Part III of Schedule 6 and, in pursuance of paragraph 14(1) of that Schedule, the payment is taken into account in determining the spouse’s income.
(5) In a case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part II so much of the amount (if any) by which the contribution is reduced under paragraph 4(3) of that Part as the board considers just shall be treated as part of the student’s income for the purposes of regulation 12(1)(b).
(6) Where the student receives income in a currency other than sterling the value of the income shall be—
(a) if the student purchases sterling with the income the amount of sterling the student receives for it, otherwise
(b) the value of the sterling which the income would purchase using the rate for the month in which it is received as published by the Office for National Statistics in “Financial Statistics”.

---
Source: https://www.legislation.gov.uk/nisr/1999/351/schedule/7/paragraph/1 (the official version)
Page: https://openlegislation.uk/students-awards-regulations-northern-ireland-1999/schedule-7/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

