Maintenance Allowances (Pupils over Compulsory School Age) Regulations (Northern Ireland) 1996

Regulations 5 and 6(1)

SCHEDULE 1

1.  The amount of a maintenance allowance shall be determined in accordance with the following table:

Balance of parental income	Maintenance allowance payable for full year
	£
Not exceeding £3,778	631
Exceeding £3,778 but not exceeding £4,588	485
Exceeding £4,588 but not exceeding £5,397	364
Exceeding £5,397 but not exceeding £6,206	243
Exceeding £6,206 but not exceeding £7,016	122

2.—(1) To determine the balance of parental income there shall be deducted from gross income:

(a) an annual allowance of £596 in respect of each wholly dependent child up to the age of 18 years other than the pupil for whom an allowance is being determined;

(b) an annual allowance of £974 in respect of each wholly dependent relative normally living as a member of the household other than the pupil for whom an allowance is being determined and dependent children falling within head (a) provided that the amount shall be reduced by the amount of any income which the relative may receive from other sources;

(c) a charge made under regulation 6 of the Grammar Schools (Charges) Regulations (Northern Ireland) 1992(1) in the period of twelve months beginning on the day before the first day of the period in respect of which the maintenance allowance being determined would be payable; and

(d) the following annual outgoing on the basis of outgoings (on a weekly or other period basis as the case may be) at the time of determination:

(i) the gross amount of any sums payable as interest (including interest on a mortgage) in respect of which relief is given under the Income Tax Acts in respect of a loan to the parent;

(ii) half of the gross amount of any premium payable under a policy of life insurance in respect of which relief is given under section 266 of the Income and Corporation Taxes Act 1988(2) (life policy and certain other premiums).

(2) In sub-paragraph (1) “the Income Tax Acts” has the same meaning as in Schedule 1 to the Interpretation Act 1978(3).

3.  To determine gross income there shall, subject to paragraph 4, be taken into account the annual income from all sources of both parents determined for the purpose of these Regulations on the basis of income (on a weekly or other period basis as the case may be) at the time of determination;

Provided that:

(a) all payments made under sections 134(1) and (2) and 136(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4) and sections 62, 64(9) and (10), 74(4), 146 and 147 of the Social Security Administration (Northern Ireland) Act 1992(5) and gifts from charitable funds shall be disregarded; and

(b) where any attendance allowance under sections 64 to 67 of, any care component of a disability living allowance under section 72 of, any constant attendance allowance under section 104 of, any disablement pension under section 103 of, and paragraph 9 of Schedule 7 to, any unemployability supplement under paragraph 2 of Schedule 7 to, and any exceptionally severe disablement allowance under section 105 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 are payable, the first £10·00 a week of the aggregate income from those sources shall be disregarded.

4.  Where the parents do not normally reside together the board shall take account of the income of the person who normally maintains the pupil for whom a maintenance allowance is being sought.

5.  The amount of a maintenance allowance shall be reassessed annually.

(1)

S.R. 1992 No. 171, regulation 6 was substituted by S.R. 1995 No. 277 regulation 2

(2)

1988 c. 1

(3)

1978 c. 30

(4)

1992 c. 7

(5)

1992 c. 8