The Education (Student Support) Regulations (Northern Ireland) 2005

Grants for dependants — calculations

20.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 17 to 19 is the amount of that element remaining after applying, until it is extinguished, an amount equal to (A — B) as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 17;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 18; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 19.

(2) Subject to paragraphs (4) and (5), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where (A — B) is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of the adult dependants' grant calculated under this regulation shall be reduced in accordance with regulation 17(5).

(5) The amount of the childcare grant calculated under this regulation shall be reduced in accordance with regulation 18(6).

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £1 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation—

• A is the aggregate of the net income of each of the eligible student’s dependants; and

• B is £1,050 where the eligible student has no dependent child;

  • £3,145 where the eligible student is not a lone parent and has one dependent child;

  • £4,195 where the eligible student is not a lone parent and has more than one dependent child;

  • £4,195 where the eligible student is a lone parent and has one dependent child;

  • £5,250 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (11) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes an eligible student as a result of an event referred to in regulation 13(8).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Department shall determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance for which an eligible student qualifies in respect of each relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.