- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (04/04/2005)
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62.—(1) The amount of a student's grant income to be taken into account shall, subject to paragraphs [F1(2) and (2A)], 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;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;
(d)intended to meet additional expenditure connected with term time residential study away from the student's educational establishment;
(e)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 F3... is not met by housing benefit;
(f)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;
(g)intended to meet the cost of books and equipmentF4... F5...;
(h)intended to meet travel expenses incurred as a result of his attendance on the course.
[F6(i)intended for the maintenance F7... of a child dependant.]
[F8(j)intended for the child care costs of a child dependant.]
[F9(2A) Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—
(a)the sum of [F10£275] in respect of travel costs; and
[F11(b) the sum of [F12£343] towards the costs of books and equipment,]
whether or not any such costs are incurred.]
[F13(2B) [F14There shall also be excluded from a student’s grant income—
[F15(a)any grant of £255 for an only or eldest dependant child payable under regulation 15(1)(c) of the Education (Student Support) Regulations 2002;]
(b)any grant of [F16£510] in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 15(8) of those Regulations;
F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(cc). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F18(e)any grant paid under regulation 15(7) of the Education (Student Support) (No.2) Regulations 2002.]]
[F14There shall also be excluded from a student’s grant income any grant of £510 in respect of expenditure on travel, books and equipment which is payable under regulation 15(8) of the Education (Student Support) Regulations 2002.]
(3) [F19Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of [F20adult] dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 [F21or intended for an older student under Part IV of that Schedule]], shall be apportioned—
(a)subject to paragraph (4), 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].
[F24(3A) [F25Any grant in respect of [F26dependants] [F26an adult dependant] 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 [F26dependants] [F26an adult dependant] F27... under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.]
[F28(3B) [F29In 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 [F30dependants] [F30an adult dependant] under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or[F31, as the case may be, would have been apportioned].]
(4) 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 [F32the 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].
Textual Amendments
F1Words in reg. 62(1) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(a)
F2Reg. 62(2)(b) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(a) (with reg. 13)
F3Words in reg. 62(2)(e) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 3(4)
F4Words in reg. 62(2)(g) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(b) (with reg. 13)
F5Words in reg. 62(2)(g) omitted (1.8.1999, 30.8.1999 in so far as not already in force) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(3)(a)
F6Reg. 62(2)(i) added (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(a)
F7Words in reg. 62(2)(i) deleted (coming into force in accordance with reg. 1(1)(b)(i)(ii) 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(3)(a)
F8Reg. 62(2)(j) added (coming into force in accordance with reg. 1(1)(b)(i)(ii) 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(3)(b)
F9Reg. 62(2A) substituted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(3)(b)
F10Word in reg. 62(2A)(a) substituted (coming into force in accordance with reg. 1(1)(b)(i)(ii)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), 2(1)(3)(c)
F11Reg. 62(2A)(b) substituted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 3(2)(3)(c)
F12Word in reg. 62(2A)(b) substituted (coming into force in accordance with reg. 1(1)(b)(i)(ii)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), 2(2)(3)(c)
F13Reg. 62(2B) inserted (with effect in accordance with reg. 1(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(4)(c)
F14Reg. 62(2B) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(b)
F15Reg. 62(2B)(a) substituted (2.9.2002) by The Social Security Amendment (Students and Income-related Benefits) (No. 2) Regulations 2002 (S.I. 2002/2207), regs. 1, 2(1)(3)(c)
F16Sum in reg. 62(2B)(b) substituted (2.9.2002) by The Social Security Amendment (Students and Income-related Benefits) (No. 2) Regulations 2002 (S.I. 2002/2207), regs. 1, 2(2)(3)(c)
F17Reg. 62(2B)(c)(cc)(d) omitted (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(5)(6)(c)
F18Reg. 62(2B)(e) and word inserted (coming into force in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2003 (S.I. 2003/1701), regs. 1(1)(b), 3(1)(b)(2)(c)
F19Words in reg. 62(3) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(d)
F20Word in reg. 62(3) inserted (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(c)
F21Words in reg. 62(3) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(c)
F22Words in reg. 62(3)(a) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(a)(4)(c)
F23Words in reg. 62(3)(b) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(b)(4)(c)
F24Reg. 62(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 24(b)
F25Words in reg. 62(3A) inserted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 6(c)
F26Words in reg. 62(3A) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(d)
F27Words in reg. 62(3A) omitted (8.8.2003) by S.I. 2003/455, Sch. 2 para. 16(d) (as amended by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(a))
F28Reg. 62(3B) inserted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(e)
F29Words in reg. 62(3B) inserted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(a)(6)(c)
F30Words in reg. 62(3B) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) 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. 1 para. 16(e)
F31Words in reg. 62(3B) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(b)(6)(c)
F32Words in reg. 62(4) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(7)(8)(c)
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