The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

PART 2 E+W Income

Calculation of grant income E+W

4.—(1) The amount of a student’s grant income to be taken into account in assessing the student’s income must, subject to sub-paragraphs (2) and (3), be the whole of the student’s grant income.

(2) There must be excluded from a student’s grant income any payment—

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

(b) in respect of the student’s disability;

(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 the student resides during the student’s course;

(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 that person;

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

(g) intended to meet travel expenses incurred as a result of the student’s attendance on the course;

(h) intended for the child care costs of a child dependant;

(i) of higher education bursary for care leavers made under Part 3 of the Children Act 1989[F1 ;]

[F2 (j) of higher education bursary for category 3 and category 4 young persons made under section 110 or 112 of the Social Services and Well-being (Wales) Act 2014, and in accordance with regulations made under section 116 of that Act.]

[F3 (2A) In sub-paragraph (2)(j) “category 3 young person” and “category 4 young person” have the meaning given in section 104(2) of the Social Services and Well-being (Wales) Act 2014.]

(3) Where a student does not have a student loan and is not treated as possessing such a loan, there must be excluded from the student’s grant income—

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

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

whether or not any such costs are incurred.

(4) There must also be excluded from a student’s grant income the grant for dependants known as the parents’ learning allowance paid pursuant to regulations made under article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or section 22 of the Teaching and Higher Education Act 1998.

(5) Subject to sub-paragraphs (6) and (7), a student’s grant income must be apportioned—

(a) subject to sub-paragraph (8), in a case where it is attributable to the period of study, equally between the weeks in that period beginning with the reduction week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the reduction 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 beginning with the reduction 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 reduction week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.

(6) Any grant in respect of dependants paid under section 63(6) of the Health Services and Public Health Act 1968(1) (grants in respect of the provision of instruction to officers of hospital authorities) and any amount intended for the maintenance of dependants under Part 3 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 must be apportioned equally over the period of 52 weeks or, if there are 53 reduction weeks (including part weeks) in the year, 53 weeks.

(7) In a case where a student is in receipt of a student loan or where the student could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of dependants to which neither sub-paragraph (6) nor paragraph 8(2) (other amounts to be disregarded) applies, must be apportioned over the same period as the student’s loan is apportioned or, as the case may be, would have been apportioned.

(8) In the case of a student on a sandwich course, any periods of experience within the period of study must be excluded and the student’s grant income must be apportioned equally between the weeks in the period beginning with the reduction week, the first day of which immediately follows the last day of the period of experience and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the period of study.

Textual Amendments

F1 Sch. 11 para. 4(2)(i) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 14(a)

F2 Sch. 11 para. 4(2)(j) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 14(b)

F3 Sch. 11 para. 4(2A) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 14(b)

Commencement Information

I1 Sch. 11 para. 4 in force at 28.11.2013, see reg. 1(2)

Calculation of covenant income where a contribution is assessed E+W

5.—(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of the student’s covenant income to be taken into account for that period and any summer vacation immediately following must be the whole amount of the covenant income less, subject to sub-paragraph (3), the amount of the contribution.

(2) The weekly amount of the student’s covenant income must be determined—

(a) by dividing the amount of income which falls to be taken into account under sub-paragraph (1) by 52 or 53, whichever is reasonable in the circumstances; and

(b) by disregarding £5 from the resulting amount.

(3) For the purposes of sub-paragraph (1), the contribution must be treated as increased by the amount (if any) by which the amount excluded under paragraph 4(2)(g) (calculation of grant income) falls short of the amount specified in paragraph 7(2) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 (travel expenditure).

Commencement Information

I2 Sch. 11 para. 5 in force at 28.11.2013, see reg. 1(2)

Covenant income where no grant income or no contribution is assessed E+W

6.—(1) Where a student is not in receipt of income by way of a grant the amount of the student’s covenant income must be calculated as follows—

(a) any sums intended for any expenditure specified in paragraph 4(2)(a) to (e) (calculation of grant income) necessary as a result of the student’s attendance on the course must be disregarded;

(b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, must be apportioned equally between the weeks of the period of study;

(c) there must be disregarded from the amount so apportioned the amount which would have been disregarded under paragraph 4(2)(f) and (3) (calculation of grant income) had the student been in receipt of the standard maintenance grant; and

(d) the balance, if any, must be divided by 52 or 53 whichever is reasonable in the circumstances and treated as weekly income of which £5 must be disregarded.

(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of the student’s covenanted income must be calculated in accordance with paragraphs (a) to (d) of sub-paragraph (1), except that—

(a) the value of the standard maintenance grant must be abated by the amount of such grant income less an amount equal to the amount of any sums disregarded under paragraph 4(2)(a) to (e); and

(b) the amount to be disregarded under sub-paragraph (1)(c) must be abated by an amount equal to the amount of any sums disregarded under paragraph 4(2)(f) and (g) and (3).

Commencement Information

I3 Sch. 11 para. 6 in force at 28.11.2013, see reg. 1(2)

Relationship with amounts to be disregarded under Schedule 9 E+W

7.  No part of a student’s covenant income or grant income is to be disregarded under paragraph 19 of Schedule 9 (disregard of certain charitable and voluntary, etc., payments).

Commencement Information

I4 Sch. 11 para. 7 in force at 28.11.2013, see reg. 1(2)

Other amounts to be disregarded E+W

8.—(1) For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with paragraph 9 (treatment of student loans), any amounts intended for any expenditure specified in paragraph 4(2) (calculation of grant income), necessary as a result of the student’s attendance on the course are to be disregarded.

(2) But sub-paragraph (1) applies only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under paragraph 4(2) or (3), 5(3), 6(1)(a) or (c) or 9(5) (calculation of grant income, covenant income and treatment of student loans) on like expenditure.

Commencement Information

I5 Sch. 11 para. 8 in force at 28.11.2013, see reg. 1(2)

Treatment of student loans E+W

9.—(1) A student loan is to be treated as income.

(2) In calculating the weekly amount of the loan to be taken into account as income—

(a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period is to be apportioned equally between the weeks in the period beginning with—

(i) except in a case where sub-paragraph (ii) applies, the reduction week, the first day of which coincides with, or immediately follows, the first day of the single academic year;

(ii) where the student is required to start attending the course in August or where the course is less than an academic year’s duration, the reduction week, the first day of which coincides with, or immediately follows, the first day of the course,

and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the course;

(b) in respect of an academic year of a course which starts other than on 1 September, a loan which is payable in respect of that academic year is to be apportioned equally between the weeks in the period—

(i) beginning with the reduction week, the first day of which coincides with or immediately follows, the first day of that academic year; and

(ii) ending with the reduction week, the last day of which coincides with or immediately precedes, the last day of that academic year,

but excluding any reduction weeks falling entirely within the quarter during which, in the opinion of the authority, the longest of any vacation is taken F4 ...;

(c) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year is to be apportioned equally between the weeks in the period beginning with—

(i) except in a case where sub-paragraph (ii) applies, the reduction week, the first day of which coincides with, or immediately follows, the first day of that academic year;

(ii) where the final academic year starts on 1 September, the reduction week, the first day of which coincides with, or immediately follows, the earlier of 1 September or the first day of the autumn term,

and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of the course;

(d) in any other case, the loan is to be apportioned equally between the weeks in the period beginning with the earlier of—

(i) the first day of the first reduction week in September; or

(ii) the reduction week, the first day of which coincides with, or immediately follows the first day of the autumn term,

and ending with the reduction week, the last day of which coincides with, or immediately precedes, the last day of June, and, in all cases, from the weekly amount so apportioned there is to be disregarded £10.

(3) A student is to be treated as possessing a student loan in respect of an academic year where—

(a) a student loan has been made to the student in respect of that year; or

(b) the student could acquire such a loan in respect of that year by taking reasonable steps to do so.

(4) Where a student is treated as possessing a student loan under sub-paragraph (3), the amount of the student loan to be taken into account as income must be, subject to sub-paragraph (5)—

(a) in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to—

(i) the maximum student loan the student is able to acquire in respect of that year by taking reasonable steps to do so; and

(ii) any contribution whether or not it has been paid to the student;

(b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—

(i) the student took all reasonable steps to obtain the maximum student loan that student is able to acquire in respect of that year; and

(ii) no deduction in that loan was made by virtue of the application of a means test.

(5) There must be deducted from the amount of income taken into account under sub-paragraph (4)—

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

(b) the sum of £390 per academic year towards the cost of books and equipment,

whether or not any such costs are incurred.

[F5 (6) For the purposes of this paragraph “quarter” (“chwarter”) in relation to an academic year means a period in that year—

(a) beginning on 1 January and ending on 31 March;

(b) beginning on 1 April and ending on 30 June;

(c) beginning on 1 July and ending on 31 August; or

(d) beginning on 1 September and ending on 31 December.]

Textual Amendments

F4 Words in Sch. 11 para. 9(2)(b) omitted (15.1.2014) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 12(a)(i)

F5 Sch. 11 para. 9(6) inserted (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 12(a)(ii)

Commencement Information

I6 Sch. 11 para. 9 in force at 28.11.2013, see reg. 1(2)

Treatment of fee loans E+W

10.  A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under article 3 of the [F6 Education (Student Support) (Northern Ireland) Order 1998], section 22 of the Teaching and Higher Education Act 1998 or section 73 (f) of the Education (Scotland) Act 1980, must be disregarded as income.

Textual Amendments

F6 Words in Sch. 11 para. 10 substituted (15.1.2014) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2014 (S.I. 2014/66), regs. 1, 12(b)

Commencement Information

I7 Sch. 11 para. 10 in force at 28.11.2013, see reg. 1(2)

Treatment of payments from access funds E+W

11.—(1) This paragraph applies to payments from access funds that are not payments to which paragraph 14(2) or (3) (income treated as capital) applies.

(2) A payment from access funds, other than a payment to which sub-paragraph (3) applies, must be disregarded as income.

(3) Subject to sub-paragraph (4) of this paragraph and paragraph 40 of Schedule 9—

(a) any payments from access funds which are intended and used for an item of food, ordinary clothing or footwear, household fuel, or rent of a single applicant or, as the case may be, of the applicant or any other member of the applicant’s family, and

(b) any payments from access funds which are used for any council tax or water charges for which that applicant or any other member of the applicant’s family is liable,

must be disregarded as income to the extent of £20 per week.

(4) Where a payment from access funds is made—

(a) on or after 1 September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or

(b) before the first day of the course to a person in anticipation of that person becoming a student,

that payment must be disregarded as income.

Commencement Information

I8 Sch. 11 para. 11 in force at 28.11.2013, see reg. 1(2)

Disregard of contribution E+W

12.  Where the applicant or the applicant’s partner is a student and, for the purposes of assessing a contribution to the student’s grant or student loan, the other partner’s income has been taken into account, an amount equal to that contribution must be disregarded for the purposes of assessing that other partner’s income.

Commencement Information

I9 Sch. 11 para. 12 in force at 28.11.2013, see reg. 1(2)

Further disregard of student’s income E+W

13.  Where any part of a student’s income has already been taken into account for the purposes of assessing that student’s entitlement to a grant or student loan, the amount taken into account must be disregarded in assessing that student’s income.

Commencement Information

I10 Sch. 11 para. 13 in force at 28.11.2013, see reg. 1(2)

Income treated as capital E+W

14.—(1) Any amount by way of a refund of tax deducted from a student’s covenant income must be treated as capital.

(2) An amount paid from access funds as a single lump sum must be treated as capital.

(3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, ordinary clothing or footwear, household fuel or rent, or which is used for an item other than any council tax or water charges for which that applicant or any other member of the applicant’s family is liable, must be disregarded as capital but only for a period of 52 weeks from the date of the payment.

Commencement Information

I11 Sch. 11 para. 14 in force at 28.11.2013, see reg. 1(2)

Disregard of changes occurring during summer vacation E+W

15.  In calculating a student’s income an authority must disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of the student’s period of study from the date on which the change occurred to the end of that vacation.

Commencement Information

I12 Sch. 11 para. 15 in force at 28.11.2013, see reg. 1(2)

(1)

1968 c.46.