The Family Credit (General) Regulations 1987

Calculation of grant incomeU.K.

38.—(1) The amount of a student's grant income to be taken into account shall, subject to [F1paragraphs (2) [F2, (2A) and (2B)]], be the whole of his grant income.

(2) There shall be disregarded from a student's grant income any payment—

(a)intended to meet tuition fees or examination fees;

F3(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 during his course;

(f)intended to meet the cost of books and equipment F4... F5...;

(g)intended to meet travel expenses incurred as a result of his attendance on the course.

[F6(h)that is an access fund payment and is intended to be used for any item other than daily living costs of any member of the student’s family or is used for any personal community charge, collective community charge contribution or council tax for which any member of that family is liable.]

[F7(j)that is made in respect of childcare costs pursuant to—

(i)sections 5, 6 and 9 of the Learning and Skills Act 2000;

(ii)section 4 of the Further Education and Higher Education (Scotland) Act 1992;

(iii)Article 5 of the Further Education (Northern Ireland) Order 1997;

(iv)the Education (Student Support) Regulations 2001;

(v)the Students' Allowances (Scotland) Regulations 1999; or

(vi)the Education (Student Support) Regulations (Northern Ireland) 2001;

provided that the claimant’s award does not include an amount of childcare tax credit under regulation 46(1)(ab).]

[F8(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 [F9£265] in respect of travel costs; and

(b)where no amount has been disregarded under sub-paragraph (2)(f), the sum of [F10£327] towards the cost of books and equipment,

whether or not any such costs are incurred.]

[F11(2B) There shall be disregarded from a student’s grant income £20 of any weekly access fund payment used for daily living costs of any member of the student’s family or, where any access fund payment so used covers a period of more than a week, £20 for each complete week covered by the payment.]

(3) A student's grant income [F12shall, subject to paragraph (4), be apportioned equally between the weeks in the period of 52 weeks beginning with the start of the academic year in respect of which the grant is payable.]

F13(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 the remaining weeks in that period.

Textual Amendments

F1Words in reg. 38 substituted (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), 10(A)

F2Words in reg. 38 substituted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 5(a)

F5Words in reg. 38(2)(f) omitted (with effect in accordance with reg. 1(1)(d) of the amending S.I., 31.8.1999 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)(d), 6(3)(a)

F6Words in reg. 38(2)(h) inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 5(b)

F7Reg. 38(2)(j) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 (S.I. 2001/2539), regs. 1(1), 8

F8Reg. 38(2A) substituted (with effect in accordance with reg. 1(1)(d) of the amending S.I., 31.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(d), 6(3)(b)

F9Word in reg. 38(2A)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by Tax Credits (Miscellaneous Amendments No.3) Regulations 2002 (S.I. 2002/1333), regs. 1(1)(a), 3(1), (2)(a)

F10Word in reg. 38(2A)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by Tax Credits (Miscellaneous Amendments No.3) Regulations 2002 (S.I. 2002/1333), regs. 1(1)(a), 4(1), (2)(a)

F12Words in reg. 38(3) substituted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 5(e)