The Council Tax Reduction (Scotland) Regulations 2021

Person treated as having student income S

59.—(1) An applicant who is a student and has a student loan, a postgraduate master’s degree loan or a grant in respect of the course they are undertaking, is to be treated as having student income in respect of—

(a) an assessment period in which the course begins,

(b) in the case of a course which lasts for two or more years, an assessment period in which the second or subsequent year begins,

(c) any other assessment period in which, or in any part of which, the applicant is undertaking the course, excluding—

(i) an assessment period in which the long vacation begins or which falls within the long vacation, or

(ii) an assessment period in which the course ends.

(2) Where an applicant has a student loan or a postgraduate master’s degree loan, their student income for any assessment period referred to in paragraph (1) is to be based on the amount of that loan.

(3) Where paragraph (2) applies, any grant in relation to the period to which the loan applies is to be disregarded except for—

(a) any specific amount included in the grant to cover payments which are rent payments in respect of which an amount is included in an award of universal credit for the housing costs element,

(b) any amount intended for the maintenance of another person in respect of whom an amount is included in the award.

(4) Where paragraph (2) does not apply, the applicant’s student income for any assessment period in which they are treated as having that income is to be based on the amount of their grant.

(5) For the purposes of paragraph (1), an applicant is to be treated as having a student loan or a postgraduate master’s degree loan where the applicant could acquire a student loan or a postgraduate master’s degree loan by taking reasonable steps to do so.

(6) Student income does not include any payment referred to in regulation 57(1)(g).

(7) In this regulation and regulations 60 to 62—

“grant” means any kind of educational grant or award, excluding a student loan or a payment made under a scheme to enable persons under the age of 21 to complete courses of education or training that are not advanced education,

“the long vacation” is a period of no less than one month which, in the opinion of the relevant authority, is the longest vacation during a course which is intended to last for two or more years,

“postgraduate master’s degree loan” means a loan which a student is eligible to receive under the Education (Postgraduate Master’s Degree Loans) Regulations 2016(1).

Commencement Information

I1 Reg. 59 in force at 1.4.2022, see reg. 1

(1)

S.I. 2016/606.