The Family Credit (General) Regulations 1987

Interpretation U.K.

37.  In this Chapter, unless the context otherwise requires—

[F1 “access fund payment” means a payment for further and higher education students made under section 7 or 68 of the Further and Higher Education Act 1992 or section 73 of the Education (Scotland) Act 1980;]

“a course of advanced education” means—

(a)

a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma, [F2 a higher national diploma or higher national certificate of either the Business & [F3 Technology] Education Council] or the Scottish Vocational Education Council or a teaching qualification; or

(b)

any other full-time course which is a course of a standard above ordinary national diploma, [F4 a national diploma or national certificate of either the Business & [F5 Technology] Education Council or the Scottish Vocational Education Council], a general certificate of education (advanced level), a Scottish certificate of education [F6 (higher level)] or a Scottish certificate of sixth year studies;

“contribution” means any contribution in respect of the income [F7 of a student or] of any other person which [F8 the Secretary of State, the Scottish Ministers] or an education authority takes into account in assessing the amount of the student's grant [F9 or student loan; or any sums, which in determining the amount of the student’s allowance or bursary in Scotland in terms of the Students' Allowances (Scotland) Regulations 1996 or the Education Authority (Bursaries) (Scotland) Regulations 1995, [F10 the Scottish Ministers or education authority take] into account being sums which [F11 the Scottish Ministers or the education authority consider] that the holder of the allowance or bursary, the holder’s parents and the holder’s spouse can reasonably be expected to contribute towards the holder’s expenses;]

“course of study” means any F12 ... course of study or sandwich course whether or not a grant is made for attending it;

“covenant income” means the gross income 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;

[F13 “daily living costs” means food, ordinary clothing or footwear, household fuel or housing costs;]

“education authority” means a government department, [F14 a local authority as defined in section 579 of the Education Act 1996 (interpretation)], an education authority as defined in section 135(1) of the Education (Scotland) Act 1980 M1 (interpretation), an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 M2 , any body which is a research council for the purposes of the Science and Technology Act 1965 M3 or any analogous government department, authority, board or body of the Channel Islands, Isle of Man or any other country outside Great Britain;

“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary [F15 but does not include a payment derived from funds made available by the Secretary of State [F16 or the Scottish Ministers] for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980];

“grant income” means—

(a)

any income by way of a grant;

(b)

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 “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;]

[F18 “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities;]

“period of study” means—

(a)

in the case of a course of study for one year or less, the period beginning with the start of the course [F19 and ending with the last day of the course],

(b)

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, [F20 other 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—

(i)

the day before the start of the next year of the course in a case where the student's grant [F21 or loan] is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant [F22 or loan] , where it would have been assessed at such a rate had he had one; or

(ii)

in any other case the day before the start of the normal summer vacation appropriate to his course;

(c)

[F23 in 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;]

“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations [F24 1998];

[F25 “sandwich course” has the meaning given by regulation 5(2) of the Education (Student Support) Regulations 2000 or regulation 5(3) of the Education (Student Loans) (Scotland) Regulations 1999,]

“standard maintenance grant” means—

(a)

except where paragraph (b) applies, in the case of a student attending 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 [F26 1998] for such a student; and

(b)

in the case of a student residing at his parents' home, the amount specified in paragraph 3(2) thereof;

(c)

in any other case, the amount specified in paragraph 2(2) other than in sub-paragraph (a) or (b) thereof;

“student” [F27 means a person, other than a person in receipt of a training allowance, who is aged less than 19 and attending a full-time course of advanced education or, as the case may be, who is aged 19 or over and attending a F28 ... course of study] at an educational establishment; and for the purposes of this definition—

(a)

a person who has started on such a course shall be treated as attending it F29 ... until [F30 the last day of the course] or such earlier date as he abandons it or is dismissed from it;

(b)

a person on a sandwich course shall be treated as attending a full-time course of advanced education or, as the case may be, of study;

[F31 “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;

“year”, in relation to a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according to whether the academic year of the course 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.]

Textual Amendments

F1 Words in reg. 37 inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(a)

F2 Words in reg. 37 substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 10(a)

F3 Words in reg. 37 substituted (5.10.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(b), 32

F4 Words in reg. 37 substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 10(b)(i)

F5 Words in reg. 37 substituted (5.10.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(b), 32

F6 Words in reg. 37 substituted (5.10.1992) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 10(b)(ii)

F7 Words in reg. 37 inserted (1.4.1998 coming into force in accordance with reg. 1(2)(3)(4)(5)(6)) by The Social Security (Miscellaneous Amendments) Regulations 1998 (S.I. 1998/563), regs. 1, 4(1), (2)(c)

F8 Words in reg. 37 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 (S.I. 2001/2539), regs. 1(1), 4(a)

F9 Words in reg. 37 substituted (with effect in accordance with reg. 1(1)(d) of the amending S.I., 31.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(d), 6(2)(a)

F10 Words in reg. 37 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 (S.I. 2001/2539), regs. 1(1), 4(b)

F11 Words in reg. 37 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 (S.I. 2001/2539), regs. 1(1), 4(c)

F12 Words in reg. 37 omitted (with effect in accordance with reg. 7(4) of the amending S.I.) by virtue of The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 7(2)

F13 Words in reg. 37 inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(b)

F14 Words in reg. 37 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. 14

F15 Words in reg. 37 added (1.9.1990) by The Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 (S.I. 1990/1549), regs. 1(1)(a), 3(3)

F16 Words in reg. 37 inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 (S.I. 2001/2539), regs. 1(1), 5

F17 Words in reg. 37 inserted (6.8.1991) by The Family Credit (General) Amendment Regulations 1991 (S.I. 1991/1520), reg. 1(1), 7(a)

F18 Words in reg. 37 inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(c)

F19 Words in reg. 37 substituted (6.8.1991) by The Family Credit (General) Amendment Regulations 1991 (S.I. 1991/1520), reg. 1(1), 7(b)(i)

F20 Words in reg. 37 inserted (6.8.1991) by The Family Credit (General) Amendment Regulations 1991 (S.I. 1991/1520), reg. 1(1), 7(b)(ii)

F21 Words in reg. 37 inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(d)

F22 Words in reg. 37 inserted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(d)

F23 Words in reg. 37 inserted (6.8.1991) by The Family Credit (General) Amendment Regulations 1991 (S.I. 1991/1520), reg. 1(1), 7(b)(iii)

F24 Words in reg. 37 substituted (1.9.1998) by The Education (Mandatory Awards) Regulations 1998 (S.I. 1998/1166)

F25 Words in reg. 37 substituted (with effect in accordance with reg. 1(1)(3)) by The Tax Credits Schemes (Miscellaneous Amendments No. 3) Regulations 2000 (S.I. 2000/1807), regs. 1(1)(3), 4(e)

F26 Words in reg. 37 substituted (1.9.1998) by The Education (Mandatory Awards) Regulations 1998 (S.I. 1998/1166)

F27 Words in reg. 37 substituted (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), 9

F28 Words in reg. 37 omitted (with effect in accordance with reg. 7(4) of the amending S.I.) by virtue of The Tax Credits Schemes (Miscellaneous Amendments No. 4) Regulations 2000 (S.I. 2000/2978), regs. 1(1), 7(3)

F29 Words in reg. 37 omitted (1.8.1995) by The Social Security Benefits (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/1742), regs. 1(1), 2(c)

F30 Words in reg. 37 substituted (6.8.1991) by The Family Credit (General) Amendment Regulations 1991 (S.I. 1991/1520), reg. 1(1), 7(c)

F31 Words in reg. 37 substituted (with effect in accordance with reg. 1(1)(d) of the amending S.I., 31.8.1999 in so far as not already in force) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(d), 6(2)(b)

Marginal Citations

M1 1980 c. 44.

M2 S.I. 1986/594 (NI 3).

M3 1965 c. 4.