The Jobseeker’s Allowance Regulations 1996

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Point in time view as at 01/09/2003. This version of this provision has been superseded.

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Calculation of grant income

131.—(1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs [F1(2) and (3)], 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;

(b)intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

(c)intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

(d)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 is not met by housing benefit;

(e)on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;

(f)intended to meet the cost of books and equipment F2... F3...

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

[F4(3) 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 [F5£270 ]in respect of travel costs; and

F6(b)[F7the sum of [F8£335 ]towards the costs of books and equipment,]

whether or not any such costs are incurred.]

(3A) [F9There shall also be excluded from a student’s grant income—

[F10(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 [F11£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;

(c)any grant for child care costs payable under regulation 16 of those Regulations [F12or under regulation 16 of the Education (Student Support) Regulations (Northern Ireland) 2001];

[F13(cc)any grant paid under the Schedule to the Education (Assembly Learning Grant Scheme)(Wales) Regulations 2002;]

(d)any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice][F14; and

(e)any grant paid under regulation 15(7) of the Education (Student Support) (No.2) Regulations 2002.]

(4) [F15Subject to paragraph (5A), a student’s grant income except for any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999, or intended for an older student under Part IV of that Schedule], shall be apportioned—

(a)subject to paragraph (6), in a case where it is attributable to the period of study, equally between the weeks [F16in 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 [F17beginning 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].

(5) [F18Any grant 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 dependants or for an older student under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

[F19(5A) [F20In 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 dependants under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned or[F21, as the case may be, would have been apportioned].]

(6) 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 [F22the 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. 131(1) substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(6)(a)

F2Words in reg. 131(2)(f) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F3Words in reg. 131(2)(f) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(a)

F4Reg. 131(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(b)

F5Sum in Reg. 131(3)(a) substituted (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), 2(1)(3)(d)

F6Sum in Reg. 131(3)(b) substituted (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), 2(2)(3)(d)

F7Reg. 131(3)(b) substituted (with effect in accordance with reg. 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(2)(3)(d)

F8Sum in Reg. 131(3)(b) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits)(No. 2) Regulations 2003 (S.I. 2003/1914), regs. 1(1)(b), 2(1)(2)(d)

F9Reg. 131(3A) inserted (with effect in accordance with reg. 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)(d)

F10Reg. 131(3A)(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)(d)

F11Word in reg. 131(3A)(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)(d)