The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

Calculations N.I.

48.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 45 to 47 is the amount of that element remaining after applying, until it is extinguished, an amount equal to as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 45;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 46; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 47.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

[F1 (7) In this regulation—

A is the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

(b) the residual income of the eligible student’s adult dependants for the prior financial year; and

(c) subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”.

Where the student begins the course before 1st September 2013, B is—

(a) £1,182 where the eligible student has no dependent child;

(b) £3,543 where the eligible student is not a lone parent and has one dependent child;

(c) £4,721 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,910 where the eligible student is a lone parent and has more than one dependent child.

Where the student begins the course on or after 1st September 2013, B is—

(a) £6,182 where the eligible student has no dependent child;

(b) £8,543 where the eligible student is not a lone parent and has one dependent child;

(c) £9,721 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £10,910 where the eligible student is a lone parent and has more than one dependent child.

(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st September 2013 in relation to a student “A” where A transfers to the current course pursuant to regulation 8 on or after 1st September 2013 from a designated course beginning before 1st September 2013.

(7B) Where the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Department has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Department must ascertain the dependent children’s net income in the preceding financial year.]

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes eligible for support as a result of an event referred to in regulation 18.

(9) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Textual Amendments

F1 Reg. 48(7), (7A)-(7D) substituted for reg. 48(7) (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 10

Commencement Information

I1 Reg. 48 in operation at 17.12.2009, see reg. 1(1)