The Income Support (General) Regulations 1987

Calculation of grant incomeE+W+S

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(k)of higher education bursary for care leavers made under Part III of the Children Act 1989 [F10or Part 6 of the Social Services and Well-being (Wales) Act 2014].]

[F11(2A) Where a student does not have a student loan [F12or a postgraduate master’s degree loan] and is not treated as possessing [F13a student loan or a postgraduate master’s degree loan], there shall be excluded from the student’s grant income—

(a)the sum of [F14£303] per academic year in respect of travel costs; and

[F15(b) the sum of [F16£390] per academic year towards the costs of books and equipment,]

whether or not any such costs are incurred.]

F17(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F18Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of [F19adult] dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 [F20or 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 [F21in 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 [F22beginning 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].

[F23(3A) [F24Any grant in respect of [F25dependants] [F25an 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 [F25dependants] [F25an adult dependant] F26... 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.]

[F27(3B) [F28In 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 [F29dependants] [F29an 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[F30, 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 [F31the 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)

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)

F11Reg. 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)

F14Word in reg. 62(2A)(a) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(2)(4)(a)

F16Word in reg. 62(2A)(b) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(3)(4)(a)

F17Reg. 62(2B) omitted (1.8.2006 for specified purposes and, 1.9.2006 in so far as not already in force) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 4(3)

F18Words 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)

F19Word 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)

F20Words 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)

F25Words 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)

F27Reg. 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) 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)

Modifications etc. (not altering text)

C10Reg. 62 applied (with modifications) (1.4.2017) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017 (S.I. 2017/340), regs. 1(1), 5(4) (with reg. 8))

Commencement Information

I1Reg. 62 in force at 11.4.1988, see reg. 1