- Latest available (Revised)
- Point in Time (06/04/2017)
- Original (As made)
Version Superseded: 03/11/2017
Point in time view as at 06/04/2017.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, CHAPTER VIII.
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Textual Amendments
F1Pt. V Ch. VIII heading substituted (29.3.2001) by The Income Support (General) Amendment Regulations 2001 (S.I. 2001/721), regs. 1, 2(b)
61.—[F2(1)] In this Chapter, unless the context otherwise requires—
[F3“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;]
[F4“access funds" means—
grants made under section [F568] of the Further and Higher Education Act 1992 F6... [F7for the purpose of providing funds on a discretionary basis to be paid to students];
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; F8...
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993, or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;] F9...
[F10discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the [F11[F12Secretary of State under section 14 of the Education Act 2002] or F13... under sections 100 and 101 of [F14the Apprenticeships, Skills, Children and Learning Act 2009]];] [F15or
Financial Contingency Funds made available by the [F16Welsh Ministers];]
[F17“college of further education" means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992;]
[F18“contribution” means—
any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
the holder of the allowance or bursary;
the holder's parents;
the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
the holder's spouse or civil partner;]
[F19“course of advanced education" means—
a course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education or a higher national diploma; or
any other course which is of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level), [F20a Scottish national qualification (higher or advanced higher)];]
“covenant income” means the income F21... payable to a student under a Deed of Covenant by a person whose income is, or is likely to be, taken into account in assessing the student's grant or award;
“education authority” means a government department, [F22a local authority as defined in section 579 of the Education Act 1996 (interpretation)], [F23a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973], an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986F24, any body which is a research council for the purposes of the Science and Technology Act 1965F25 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain.
F26...
[F17“full-time course of advanced education" means a course of advanced education which isF27...—
F28... a full-time course of study which is not funded in whole or in part by [F29the [F30[F31Secretary of State under section 14 of the Education Act 2002] [F32or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009]] or by the [F33Welsh Ministers]] or a full-time course of study which is not funded in whole or in part by the [F34Scottish Ministers] at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F34Scottish Ministers];
[F35a course of study which is funded in whole or in part by the [F30[F31Secretary of State under section 14 of the Education Act 2002] [F36or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009]] or by the [F33Welsh Ministers] if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
[F37in the case of a course funded by the [F31Secretary of State F38...], in the student’s learning agreement signed on behalf of the establishment which is funded by [F39the Secretary of State] for the delivery of that course; or]
in the case of a course funded by the [F33Welsh Ministers], in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or]
F40... a course of study (not being higher education) which is funded in whole or in part by the [F34Scottish Ministers] at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;]
[F17“full-time course of study" means a full-time course of study which—
is not funded in whole or in part by [F41the [F42[F43Secretary of State under section 14 of the Education Act 2002] [F44or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009]] or by the [F45Welsh Ministers]] or a full-time course of study which is not funded in whole or in part by the [F46Scottish Ministers] at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the [F46Scottish Ministers];
[F47a course of study which is funded in whole or in part by the [F42[F43Secretary of State under section 14 of the Education Act 2002] [F48or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009]] or by the [F45Welsh Ministers] if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
[F49in the case of a course funded by the [F43Secretary of State F50...], in the student’s learning agreement signed on behalf of the establishment which is funded by [F51the Secretary of State] for the delivery of that course; or]
in the case of a course funded by the [F45Welsh Ministers], in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or]
is not higher education and is funded in whole or in part by the [F46Scottish Ministers] at a college of further education if it involves—
more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 per week, according to the number of hours set out in a document signed on behalf of the college;]
[F52“full-time student" [F53means a person who is not a qualifying young person or child within the meaning of section 142 of the Contributions and Benefits Act (child and qualifying young person) and] who is—
aged less than 19 and is attending or undertaking a full-time course of advanced education;
aged 19 or over but under pensionable age and is attending or undertaking a full-time course of study at an educational establishment; or
on a sandwich course;]
[F54“grant" (except in the definition of “access funds") means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds [F55or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies];]
“grant income” means—
any income by way of a grant;
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution which has been assessed whether or not it has been paid;
and any such contribution which is paid by way of a covenant shall be treated as part of the student's grant income.
[F17“higher education" means higher education within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]
[F59“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;]
“period of study” means—
in the case of a course of study for one year or less, the period beginning with the start of the course [F60and ending with the last day of the course];
in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, [F61other than the final year of the course,] the period beginning with the start of the course or, as the case may be, that year's start and ending with either—
[F62the day before the start of the next year of the course in a case where the student’s grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or]
in any other case the day before the start of the normal summer vacation appropriate to his course;
[F63in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;]
[F64“periods of experience” means periods of work experience which form part of a sandwich course;]
[F65“postgraduate master’s degree loan” means a loan which a student is eligible to receive under the Education (Postgraduate Master’s Degree Loans) Regulations 2016;]
[F66“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007;]
[F19“standard maintenance grant" means—]
except where paragraph (b) or (c) applies, in the case of a student attending [F67or undertaking] a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (“the 1995 Regulations") for such a student;
except where paragraph (c) applies, in the case of a student residing at his parent’s home, the amount specified in paragraph 3(2) thereof;
[F68in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980, the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authorityF69...;]
in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 1995 Regulations other than in sub-paragraph (a) or (b) thereof;
[F70“student" means a person, other than a person in receipt of a training allowance, who is attending or undertaking a course of study at an educational establishment;]
[F71“student loan" means a loan towards a student’s maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 [F72and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999]];
F73...
[F74(2) For the purposes of the definition of “full-time student" in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study, a full-time course of advanced education or as being on a sandwich course—
(a)subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—
(i)on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or
(ii)on such earlier date (if any) as he finally abandons the course or is dismissed from it;
(b)in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.
(3) For the purpose of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—
(a)where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;
(b)any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.
(4) In paragraph (2), “modular course" means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.]
Textual Amendments
F2Reg. 61(1): reg. 61 renumbered reg. 61(1) (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)
F3Words in reg. 61(1) inserted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(a)(2)(c)
F4Words in reg. 61(1) inserted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(2)
F5Word in reg. 61(1) substituted (26.10.2009) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 2(13)(a)
F6Words in reg. 61(1) omitted (26.10.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 2(13)(b)
F7Words in reg. 61(1) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(i)(2)(c)
F8Word in reg. 61(1) omitted (1.8.2001) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(ii)(2)(c)
F9Word in reg. 61(1)(c) omitted (1.8.2002) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(1)(a)(2)(c)
F10Words in reg. 61(1) inserted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(b)(ii)(2)(c)
F11Words in reg. 61(1) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(3)(a)
F12Words in reg. 61(1) substituted (1.5.2012) by The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 3(3)(a)(i)
F13Words in reg. 61(1) omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(a)
F14Words in reg. 61(1) substituted (1.5.2012) by The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 3(3)(a)(ii)
F15Reg. 61(1)(e) and word added (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(1)(a)(2)(c)
F16Words in reg. 61(1) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 2(5)(a)
F17Words in reg. 61 inserted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(8)(b) (with reg. 13)
F18Words in reg. 61(1) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(9)(a)
F19Words in reg. 61 substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(8)(a) (with reg. 13)
F20Words in reg. 61(1) substituted (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 5(1)(a)
F21Words in reg. 61 omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(8)(c)(i) (with reg. 13)
F22Words in reg. 61(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 13
F23Words in reg. 61 substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(8)(c)(ii) (with reg. 13)
F24S.I. 1986/594 (NI 3).
F26Words in reg. 61(1) omitted (1.4.2001) by virtue of The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 3(1)(a)
F27Words in reg. 61(1) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(a)(i)
F28Word in reg. 61(1) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(a)(ii)
F29Words in reg. 61(1) substituted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 3(3)(a)
F30Words in reg. 61(1) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(3)(b)(i)
F31Words in reg. 61(1) substituted (1.5.2012) by The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 3(3)(b)(i)
F32Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(b)(i)
F33Words in reg. 61(1) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 2(5)(b)
F34Words in reg. 61(1) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(b)
F35Words in reg. 61(1) substituted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 3(3)(b)
F36Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(b)(ii)
F37Words in reg. 61(1) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(3)(b)(ii)
F38Words in reg. 61(1) omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(b)(iii)(aa)
F39Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(b)(iii)(bb)
F40Word in reg. 61(1) omitted (31.7.2000) by virtue of The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(a)(iii)
F41Words in reg. 61(1) substituted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 3(1)(b)(i)
F42Words in reg. 61(1) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(3)(c)(i)
F43Words in reg. 61(1) substituted (1.5.2012) by The Young People's Learning Agency Abolition (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/956), arts. 1, 3(3)(c)(i)
F44Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(c)(i)
F45Words in reg. 61(1) substituted (5.1.2009) by The Social Security (Miscellaneous Amendments) (No. 7) Regulations 2008 (S.I. 2008/3157), regs. 1(1), 2(5)(c)
F46Words in reg. 61(1) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(3)(a)
F47Words in reg. 61(1) substituted (1.4.2001) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 (S.I. 2001/652), regs. 1(1)(b), 3(1)(b)(ii)
F48Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(c)(ii)
F49Words in reg. 61(1) substituted (1.9.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England) Order 2010 (S.I. 2010/1941), arts. 1, 3(3)(c)(ii)
F50Words in reg. 61(1) omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(c)(iii)(aa)
F51Words in reg. 61(1) substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 2(3)(c)(iii)(bb)
F52Words in reg. 61(1) inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(b)
F53Words in reg. 61(1) substituted (10.4.2006) by The Social Security (Young Persons) Amendment Regulations 2006 (S.I. 2006/718), regs. 1(2)(a), 2(6)
F54Words in reg. 61(1) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(2)
F55Words in reg. 61(1) added (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 5(1)(b)
F56Words in reg. 61 substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income-related Benefits and Jobseeker’s Allowance (Amendment) (No. 2) Regulations 1997 (S.I. 1997/2197), regs. 1(2), 5(5)
F57Words in reg. 61(1) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(2)(c) (with reg. 3(7))
F58Words in reg. 61(1) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(9)(b)
F59Words in reg. 61 inserted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 10(a) (with reg. 1(2))
F60Words in reg. 61 substituted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 10(b)(i) (with reg. 1(2))
F61Words in reg. 61 inserted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 10(b)(ii) (with reg. 1(2))
F62Words in reg. 61(1) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(3)
F63Words in reg. 61 inserted (5.8.1991) by The Income Support (General) Amendment No. 4 Regulations 1991 (S.I. 1991/1559), regs. 1(1)(a), 10(b)(iii) (with reg. 1(2))
F64Words in reg. 61(1) substituted (1.8.2002) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(a), 2(1)(b)(2)(c)
F65Words in reg. 61(1) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(2)
F66Words in reg. 61(1) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(9)(b)
F67Words in reg. 61(1) inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(c)
F68Words in reg. 61(1) substituted (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(d)(2)(c)
F69Words in reg. 61(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(9)(c)
F70Words in reg. 61(1) substituted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(3)(d)
F71Words in reg. 61 substituted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(2)(b)
F72Words in reg. 61(1) added (1.8.2001) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(e)(2)(c)
F73Words in reg. 61(1) omitted (1.8.2001) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(a), 2(1)(f)(2)(c)
F74Reg. 61(2)(3)(4) inserted (31.7.2000) by The Social Security Amendment (Students) Regulations 2000 (S.I. 2000/1981), regs. 1(1), 5(4)
Modifications etc. (not altering text)
C1Reg. 61 applied (S.) (5.8.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003 (S.S.I. 2003/376), regs. 1, 9(9), sch. 2
Commencement Information
I1Reg. 61 in force at 11.4.1988, see reg. 1
62.—(1) The amount of a student's grant income to be taken into account shall, subject to paragraphs [F75(2) and (2A)], 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;
F76(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 while attending his course but only to the extent that his rent F77... is not met by housing benefit;
(f)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;
(g)intended to meet the cost of books and equipmentF78... F79...;
(h)intended to meet travel expenses incurred as a result of his attendance on the course.
[F80(i)intended for the maintenance F81... of a child dependant.]
[F82(j)intended for the child care costs of a child dependant.]
[F83(k)of higher education bursary for care leavers made under Part III of the Children Act 1989.]
[F84(2A) Where a student does not have a student loan [F85or a postgraduate master’s degree loan] and is not treated as possessing [F86a student loan or a postgraduate master’s degree loan], there shall be excluded from the student’s grant income—
(a)the sum of [F87£303] per academic year in respect of travel costs; and
[F88(b) the sum of [F89£390] per academic year towards the costs of books and equipment,]
whether or not any such costs are incurred.]
F90(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) [F91Subject to paragraph (3B), a student’s grant income except any amount intended for the maintenance of [F92adult] dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 [F93or intended for an older student under Part IV of that Schedule]], shall be apportioned—
(a)subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks [F94in 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 [F95beginning 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].
[F96(3A) [F97Any grant in respect of [F98dependants] [F98an adult dependant] 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 [F98dependants] [F98an adult dependant] F99... under the provisions referred to in paragraph (3) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.]
[F100(3B) [F101In 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 [F102dependants] [F102an adult dependant] under provisions other than those referred to in paragraph (3) shall be apportioned over the same period as the student’s loan is apportioned or[F103, as the case may be, would have been apportioned].]
(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 [F104the 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
F75Words in reg. 62(1) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(a)
F76Reg. 62(2)(b) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(a) (with reg. 13)
F77Words in reg. 62(2)(e) omitted (4.4.2005) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/574), regs. 1(1), 3(4)
F78Words in reg. 62(2)(g) omitted (with effect in accordance with reg. 1(6) of the amending S.I.) by virtue of The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(9)(b) (with reg. 13)
F79Words in reg. 62(2)(g) omitted (1.8.1999, 30.8.1999 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)(b), 3(3)(a)
F80Reg. 62(2)(i) added (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(a)
F81Words in reg. 62(2)(i) deleted (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(3)(a)
F82Reg. 62(2)(j) added (coming into force in accordance with reg. 1(1)(b)(i)(ii) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(3)(b)
F83Reg. 62(2)(k) added (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(10)
F84Reg. 62(2A) substituted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(3)(b)
F85Words in reg. 62(2A) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(3)(a)
F86Words in reg. 62(2A) substituted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(3)(b)
F87Word in reg. 62(2A)(a) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(2)(4)(a)
F88Reg. 62(2A)(b) substituted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 3(2)(3)(c)
F89Word in reg. 62(2A)(b) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(3)(4)(a)
F90Reg. 62(2B) omitted (1.8.2006 for specified purposes and, 1.9.2006 in so far as not already in force) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 4(3)
F91Words in reg. 62(3) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(d)
F92Word in reg. 62(3) inserted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(c)
F93Words in reg. 62(3) omitted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(c)
F94Words in reg. 62(3)(a) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(a)(4)(c)
F95Words in reg. 62(3)(b) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(b)(4)(c)
F96Reg. 62(3A) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 24(b)
F97Words in reg. 62(3A) inserted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 6(c)
F98Words in reg. 62(3A) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(d)
F99Words in reg. 62(3A) omitted (8.8.2003) by S.I. 2003/455, Sch. 2 para. 16(d) (as amended by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) (No. 3) Regulations 2003 (S.I. 2003/1731), regs. 1(1), 6(5)(a))
F100Reg. 62(3B) inserted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(4)(e)
F101Words in reg. 62(3B) inserted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(a)(6)(c)
F102Words in reg. 62(3B) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 16(e)
F103Words in reg. 62(3B) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(b)(6)(c)
F104Words in reg. 62(4) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(7)(8)(c)
Modifications etc. (not altering text)
C2Reg. 62 applied (with modifications) (1.9.2006) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2006 (S.I. 2006/2171), regs. 1(1), 2(2))
C3Reg. 62 applied (with modifications) (18.10.2006) by S.I. 1988/551 (as amended by The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2791), regs. 1(1), 2(2))
C4Reg. 62 applied (with modifications) (1.8.2010) by S.I. 2003/2382, Sch. 1 Table A (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010 (S.I. 2010/1727), regs. 1, 3(2))
C5Reg. 62 modified (20.12.2010) by S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.2) Regulations 2010 (S.I. 2010/2759), regs. 1(2), 3(2))
C6Reg. 62 applied (with modifications) (1.9.2012) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2012 (S.S.I. 2012/171), regs. 1(1), 2(2))
C7Reg. 62 applied (with modifications) (1.8.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/1600), regs. 1(2), 2(a))
C8Reg. 62 applied (with modifications) (1.9.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/1600), regs. 1(3), 3(2))
C9Reg. 62 applied (with modifications) (14.12.2013) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2013 (S.S.I. 2013/327), regs. 1(1), 2(2))
C10Reg. 62 applied (with modifications) (1.12.2016) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provisions) Regulations 2016 (S.I. 2016/1045), regs. 1(1), 2(4)(a) (with regs. 5, 6))
C11Reg. 62 applied (with modifications) (1.4.2017) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Welfare Reform Miscellaneous Amendments) (Wales) Regulations 2017 (S.I. 2017/340), regs. 1(1), 5(4) (with reg. 8))
C12Reg. 62 applied (with modifications) (1.4.2017) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/59), regs. 1(1), 3(4)(a) (with reg. 6))
Commencement Information
I2Reg. 62 in force at 11.4.1988, see reg. 1
63.—(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 his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of his covenant income less, subject to paragraph (3), the amount of the contribution.
(2) The weekly amount of the student's covenant income shall be determined—
(a)by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53; and
(b)by disregarding from the resulting amount, £5.
(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount, if any, by which the amount excluded under [F105regulation 62(2)(h) (calculation of grant income) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1991 (travel expenditure).]
Textual Amendments
F105Words in reg. 63(3) substituted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 5(3) (with reg. 1(2))
Commencement Information
I3Reg. 63 in force at 11.4.1988, see reg. 1
64.—(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—
(a)any sums intended for any expenditure specified in regulation 62(2)(a) to (f), (calculation of grant income) necessary as a result of his attendance on the course, shall be disregarded;
(b)any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study and there shall be disregarded from the covenant income to be so apportioned the amount which would have been disregarded under [F106regulation 62(2)(g) and (h) and (2A)] (calculation of grant income) had the student been in receipt of the standard maintenance grant;
(c)the balance, if any, shall be divided by 52 or, if there are 53 benefit weeks (including part weeks) in the year, 53 and treated as weekly income of which £5 shall 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 his covenant income shall be calculated in accordance with sub-paragraphs (a) to (c) of paragraph (1), except that—
(a)the value of the standard maintenance grant shall be abated by the amount of his grant income less an amount equal to the amount of any sums disregarded under regulation 62(2)(a) to (f); and
(b)the amount to be disregarded under paragraph (1)(b) shall be abated by an amount equal to the amount of any sums disregarded under [F106regulation 62(2)(g) and (h) and (2A)].
Textual Amendments
F106Words in reg. 64 substituted (6.4.1992) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), regs. 1(1), 5(4) (with reg. 1(2))
Commencement Information
I4Reg. 64 in force at 11.4.1988, see reg. 1
65. No part of a student's covenant income or grant income shall be disregarded under paragraph 15 of Schedule 9 (charitable and voluntary payments) F107....
Textual Amendments
F107Words in reg. 65 omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 5(5)
Commencement Information
I5Reg. 65 in force at 11.4.1988, see reg. 1
66.—(1) For the purposes of ascertaining income [F108other than grant income, covenant income and loans treated as income in accordance with regulation 66A], any amounts intended for any expenditure specified in regulation 62(2) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 62(2) [F109and (2A)], 63(3)[F110, 64(1)(a) or (b) and 66A(5) (calculation of grant income, covenant income and treatment of student loans)] on like expenditure.
(2) Where a claim is made in respect of any period in the normal summer vacation and any income is payable under a Deed of Covenant which commences or takes effect after the first day of that vacation, that income shall be disregarded.
Textual Amendments
F108Words in reg. 66(1) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 5(a)
F109Words in reg. 66(1) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1994 (S.I. 1994/527), regs. 1(1)(b), 5(b)
F110Words in reg. 66(1) substituted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(4)
Commencement Information
I6Reg. 66 in force at 11.4.1988, see reg. 1
[F11366A.—(1) A student loan [F114and a postgraduate master’s degree loan] shall be treated as incomeF115...].
F116(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F117(2) In calculating the weekly amount of the loan to be taken into account as income—
[F118(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 shall be apportioned equally between the weeks in the period beginning with—
(i)except in a case where (ii) below applies, the benefit 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 of less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,
and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;]
[F119(aa)in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week[F120, the first day of which coincides with, or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with, or immediately precedes,] the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;]
(b)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 shall be apportioned equally between the weeks in the period beginning withF121...—
[F122(i)except in a case where (ii) below applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;]
[F122(ii)where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term;]
and ending with [F123the benefit week, the last day of which coincides with, or immediately precedes,] the last day of the course;
(c)in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—
(i)the first day of the first benefit week in September; or
(ii)[F124the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,]
and ending with [F125the benefit 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 shall be disregarded £10.]
[F126(3) A student shall be treated as possessing a student loan [F127or a postgraduate master’s degree loan] in respect of an academic year where—
(a)a student loan [F127or a postgraduate master’s degree loan] has been made to him in respect of that year; or
(b)he could acquire [F128a student loan or a postgraduate master’s degree loan] in respect of that year by taking reasonable steps to do so.]]
[F126(4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to 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 the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so and either—
(i)in the case of a student other than one to whom head (ii) refers, any contribution whether or not it has been paid to him; or
(ii)in the case of a student to whom paragraph 1, 2, F129... 11 [F130, F129... or 15A of Schedule 1B applies (lone parent, disabled student or persons in education], any contribution which has actually been paid to him;
(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)he took all reasonable steps to obtain the maximum student loan he 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.]
[F131(4A) Where a student is treated as possessing a postgraduate master’s degree loan under paragraph (3) in respect of an academic year, the amount of that loan to be taken into account as income shall be, subject to paragraph (5), a sum equal to 30 per cent. of the maximum postgraduate master’s degree loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.]
[F126(5) There shall be deducted from the amount of income taken into account under paragraph (4) [F132or (4A)] —
(a)the sum of [F133£303] per academic year in respect of travel costs; and
[F134(b) the sum of [F135£390] per academic year towards the costs of books and equipment,]
whether or not any such costs are incurred.]
Textual Amendments
F111Reg. 66A inserted (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 5(7) (with reg. 7(1))
F112Words in reg. 66A heading added (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(a)
F113Reg. 66A(1)(1A) substituted for reg. 66A(1) (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(5)(a)
F114Words in reg. 66A(1) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(b)
F115Words in reg. 66A(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(10)(a)
F116Reg. 66A(1A) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 2(10)(b)
F117Reg. 66A(2) substituted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(5)(b)
F118Reg. 66A(2)(a) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(2)(6)(c)
F119Reg. 66A(2)(aa) inserted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 4
F120Words in reg. 66A(2)(aa) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(3)(6)(c)
F121Words in reg. 66A(2)(b) omitted (1.8.2002, 26.8.2002 in so far as not already in force) by virtue of The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(4)(a)(6)(c)
F122Reg. 66A(2)(b)(i)(ii) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(4)(b)(6)(c)
F123Words in reg. 66A(2)(b) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(4)(c)(6)(c)
F124Reg. 66A(2)(c)(ii) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(5)(a)(6)(c)
F125Words in reg. 66A(2)(c) substituted (1.8.2002, 26.8.2002 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 5(5)(b)(6)(c)
F126Reg. 66A(3)-(5) substituted for reg. 66A(3) (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), 3(5)(b)
F127Words in reg. 66A(3) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(c)(i)
F128Words in reg. 66A(3)(b) substituted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(c)(ii)
F129Words in reg. 66A(4)(a)(ii) omitted (30.12.2009) by virtue of The Income Support (Prescribed Categories of Person) Regulations 2009 (S.I. 2009/3152), regs. 1, 3(2)(d) (with reg. 3(7))
F130Words in reg. 66A(4)(a)(ii) substituted (6.4.2009) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(2), 2(11)
F131Reg. 66A(4A) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(d)
F132Words in reg. 66A(5) inserted (4.8.2016) by The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016 (S.I. 2016/743), regs. 1, 2(4)(e)
F133Word in reg. 66A(5)(a) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(2)(4)(a)
F134Reg. 66A(5)(b) substituted (1.8.2001, 27.8.2001 in so far as not already in force) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 3(2)(3)(c)
F135Word in reg. 66A(5)(b) substituted (for specified purposes and, 1.9.2009 in so far as not already in force) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), reg. 1(3), reg. 2(3)(4)(a)
Modifications etc. (not altering text)
C13Reg. 66A applied (with modifications) (1.9.2006) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2006 (S.I. 2006/2171), regs. 1(1), 2(3))
C14Reg. 66A applied (with modifications) (18.10.2006) by S.I. 1988/551 (as amended by The National Health Service (Travelling Expenses and Remission of Charges) (Amendment) (No. 2) Regulations 2006 (S.I. 2006/2791), regs. 1(1), 2(3))
C15Reg. 66A applied (with modifications) (1.7.2008) by W.S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2008 (S.I. 2008/1480), regs. 1(2), 2(4))
C16Reg. 66A applied (with modifications) (1.8.2008) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No.2) Regulations 2008 (S.I. 2008/1697), regs. 1(1), 5(2))
C17Reg. 66A applied (with modifications) (1.8.2009) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/1599), regs. 1, 2(2))
C18Reg. 66A applied (with modifications) (28.9.2009) by S.I. 2007/1104 (as amended (W.) by The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) (No.3) Regulations 2009 (S.I. 2009/2365), regs. 1(1), 2(2))
C19Reg. 66A applied (with modifications) (1.8.2010) by S.I. 2003/2382, Sch. 1 Table A (as amended (E.) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010 (S.I. 2010/1727), regs. 1, 3(3))
C20Reg. 66A applied (with modifications) (1.8.2013) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/1600), regs. 1(2), 2(b))
C21Reg. 66A applied (with modifications) (14.12.2013) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2013 (S.S.I. 2013/327), regs. 1(1), 2(3))
C22Reg. 66A applied (with modifications) (1.12.2016) by S.I. 2003/2382 (as amended (E.) by The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provisions) Regulations 2016 (S.I. 2016/1045), regs. 1(1), 2(4)(b) (with regs. 5, 6))
C23Reg. 66A applied (with modifications) (1.4.2017) by S.S.I. 2003/460 (as amended (S.) by The National Health Service (Payments and Remission of Charges) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/59), regs. 1(1), 3(4)(b) (with reg. 6))
66B.—(1) This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies.
(2) A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
(3) Subject to paragraph (4) of this regulation and paragraph 36 of Schedule 9, any payments from access funds which are intended and used for food, ordinary clothing or footwearF137..., household fuel, rent for which housing benefit is payable [F138or any housing costs] to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F139..., of a single claimant or, as the case may be, of [F140any other member of his family] [F140his partner], and any payments from access funds which are used for any council tax or water charges for which that claimant or [F141member is liable] [F141partner is liable] shall be disregarded as income to the extent of £20 per week.
[F142(3A) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—
(a)school uniforms, or
(b)clothing or footwear used solely for sporting activities.]
(4) Where a payment from access funds is made—
(a)on or after 1st 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 shall be disregarded as income.]
Textual Amendments
F136 Reg. 66B inserted (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(6)
F137Words in reg. 66B(3) omitted (2.4.2007) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(5)(a)
F138Words in reg. 66B(3) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 10(a)
F139Words in reg. 66B(3) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 10(b)
F140Words in reg. 66B(3) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 17(a)
F141Words in reg. 66B(3) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 17(b)
F142Reg. 66B(3A) inserted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(5)(b)
66C. A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the 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, shall be disregarded as income.]
Textual Amendments
F143Reg. 66C inserted (1.8.2006 for specified purposes and, 1.9.2006 in so far as not already in force) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 4(4)
66D. A special support loan within the meaning of regulation 68 of the Education (Student Support) Regulations 2011 is to be disregarded as income.]
Textual Amendments
67. Where the claimant or his partner is a student and[F145, for the purposes of assessing a contribution to the student’s grant [F146or student loan], the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.]
Textual Amendments
F145Words in reg. 67 substituted (8.4.1996) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/462), regs. 1(2), 10(1)(2)(a)
F146Words in reg. 67 inserted (1.8.1999, 30.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 3(6)
Commencement Information
I7Reg. 67 in force at 11.4.1988, see reg. 1
67A. Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant [F148, student loan or postgraduate master’s degree loan], the amount taken into account shall be disregarded in assessing that student’s income.]
Textual Amendments
F147Reg. 67A inserted (coming into force in accordance with reg. 1(2)(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1(2), 4(3)(4)(e)
68.—[F149(1)] Any amount by way of a refund of tax deducted from a student's income shall be treated as capital.
[F149(2) An amount paid from access funds as a single lump sum shall 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 F150..., household fuel, rent for which housing benefit is payable [F151or any housing costs] to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) F152..., of a single claimant or, as the case may be, of [F153any other member of his family][F153his partner], or which is used for an item other than any council tax or water charges for which that claimant or [F154member is liable][F154partner is liable] shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.]
[F155(4) In paragraph (3) “ordinary clothing or footwear” means clothing or footwear for normal daily use, but it does not include—
(a)school uniforms, or
(b)clothing or footwear used solely for sporting activities.]
Textual Amendments
F149Reg 68 renumbered as reg. 68(1) and reg. 68(2)(3) added (for specified purposes and with effect in accordance with reg. 1(b)(i)(ii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 2(7)
F150Words in reg. 68(3) omitted (2.4.2007) by virtue of The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(6)(a)
F151Words in reg. 68(3) substituted (8.4.2002) by The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), reg. 1, Sch. Pt. I para. 11(a)
F152Words in reg. 68(3) omitted (8.4.2002) by virtue of The Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 (S.I. 2001/3767), Sch. Pt. 1 para. 11(b)
F153Words in reg. 68(3) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 17(a)
F154Words in reg. 68(3) substituted (for specified purposes and with effect in accordance with reg. 1(2)-(5) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 1 para. 17(a)
F155Reg. 68(4) inserted (2.4.2007) by The Social Security (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/719), regs. 1(2), 2(6)(b)
Commencement Information
I8Reg. 68 in force at 11.4.1988, see reg. 1
69. In calculating a student's income [F156there shall be disregarded] 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 his period of study, from the date on which the change occurred up to the end of that vacation.
Textual Amendments
F156Words in reg. 69 substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 7 (with reg. 3(1)(b), Schs. 21-23)
Commencement Information
I9Reg. 69 in force at 11.4.1988, see reg. 1
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