The Education (Mandatory Awards) Regulations 1993

Calculation of student’s income

1.—(1) In calculating the student’s income for the purposes of regulation 18(1)(b) there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, but there shall be disregarded the following resources—

(a) the first £770 of any income other than income of a kind mentioned in paragraphs (b) to (u) below and other than any sum treated as income under sub-paragraph (3);

(b) the first £3,735 of any income by way of—

(i) scholarship, studentship, exhibition or award of a similar description bestowed on the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award bestowed in pursuance of section 1 of the Education Act 1962, and

(ii) in the case of a student released by his employer to attend the course, any payments made by that employer;

(c) in the case of a student for whose benefit any income is applied or any payments are required to be applied as described in paragraph 5(5)—

(i) the whole of that income or those payments if a parental contribution ascertained in accordance with Part II or a spouse’s contribution ascertained in accordance with Part III is applicable (at whatever amount, including nil, that contribution is ascertained to be), or

(ii) the first £1,750 of that income or those payments if such a contribution would be applicable but for the fact that the student has no parent living or is such a student as is described in paragraph 3(b), (c), (d), (e) or (f).

(d) any disability pension not subject to income tax;

(e) any bounty received as a reservist with the armed forces;

(f) remuneration for work done during any year of the student’s course;

(g) in the case of a student in whose case a parental contribution is by virtue of Part II of this Schedule applicable (at whatever amount, including nil, that contribution is ascertained to be) any payment which is made under convenant by a parent by reference to whose income that contribution falls to be ascertained;

(h) any payment made for a specific educational purpose otherwise than to meet such fees and such requirements for maintenance as are specified in Schedules 1 and 2;

(i) child benefit;

(j) any income support under Part II of the Social Security Act 1986(1) or under Part VII of the Social Security Contributions and Benefits Act 1992(2), or any transitional addition, personal expenses addition or special transitional addition payable under Part II of the Income Support (Transitional) Regulations 1987(3) ;

(k) any attendance allowance, mobility allowance or disability living allowance under section 35, 37A or 37ZA of the Social Security Act 1975(4) or under section 64, 72 or 73 of the Social Security Contributions and Benefits Act 1992, or any mobility supplement or constant attendance allowance provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(5) ;

(l) any housing benefit or community charge benefits granted to him in pursuance of a statutory or local scheme under Part II of the Social Security Act 1986 or under Part VII of the Social Security Contributions and Benefits Act 1992 or any council tax benefit granted to him in pursuance of a statutory or local scheme under that Act(6) ;

(m) any allowance payable to him by an adoption agency in accordance with regulations made pursuant to section 57A of the Adoption Act 1976(7) ;

(n) any guardian’s allowance to which he is entitled under section 38 of the Social Security Act 1975(8) or under section 77 of the Social Security Contributions and Benefits Act 1992;

(o) in the case of a student with whom a child in the care of a local authority is boarded out, any payment made to him in pursuance of section 23 of the Children Act 1989(9) ;

(p) any payments made to the student in pursuance of an order made under section 34 of the Children Act 1975(10) or under section 15 of and Schedule 1 to the Children Act 1989 or any assitance given by a local authority pursuant to section 24 of that Act;

(q) any payments made to the student under the action programme of the European Community in Education and Training for Technology known as COMETT(11) ;

(r) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS(12) or the European Community programme for foreign language competence known as LINGUA(13) ;

(s) he first £2,925 of any pension, however described, other than one of the kind mentioned at sub-paragraph (d) above, and including any such pension paid to the student as a widow, child or dependant;

(t) any payment made to the student in pursuance of the Education (Student Loans) Act 1990(14) ;

(u) any payment made to the student out of access funds held by the institution at which he attends his course.

(2) In the case of a student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes aforesaid there shall be deducted therefrom—

(a) if, in the opinion of the authority, the obligation had been reasonably so incurred, an amount equal to the payment in question;

(b) if, in their opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to them appropriate; except that no deduction shall be made from the income of a married student where the student’s spouse is a dependant for the purpose of Part III of Schedule 2 and, in pursuance of paragraph 13(1) thereof, the payment is taken into account in determining the spouse’s income.

(3) In the case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part II of this Schedule, so much of the amount (if any) by which the contribution is reduced under paragraph 4(4) as the authority consider just shall be treated as part of the student’s income for the purposes of regulation 18(1)(b).

(1)

1986 c. 50.

(2)

1992 c. 4.

(3)

S.I. 1987/1969.

(4)

1975 c. 14; section 35 has been amended by paragraph 63 of Schedule 15 to the National Health Service Act 1977 (c. 49), section 2 of the Social Security Act 1979 (c. 18), paragraph 8 of Schedule 1 to the Social Security Act 1980 (c. 30), section 1 of the Social Security Act 1988 (c. 7) and paragraph 5 of Schedule 8 to the Social Security Act 1989 (c. 24); section 37A was inserted by section 22 of the Social Security Pensions Act 1975 (c. 60); section 37ZA was inserted by section 1(2) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21).

(5)

1977 c. 5; the relevant Order currently in force is the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883, amended by S.I. 1983/1116, 1521, 1984/1154, 1687, 1985/1201, 1986/592, 1987/165, 1988/248, 2248, 1989/156, 1990/250, 1308, 1991/766, 1992/710, 3208).

(6)

The statutory schemes are currently constituted in relation to housing benefit by the Housing Benefits (General) Regulations 1987 (S.I. 1987/1971), in relation to community charge benefits by the Community Charge Benefits (General) Regulations 1987 (S.I. 1989/1321) and in relation to council tax benefit by the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814).

(7)

1976 c. 36; section 57A was introduced by paragraph 25 of Schedule 10 to the Children Act 1989 (c. 41). The relevant instruments are S.I. 1991/2030 and 2130.

(8)

1975 c. 14; section 38 was amended by paragraph 12 of Schedule 4 to the Child Benefit Act 1975 (c. 61) and by section 45 of the Social Security Act 1986 (c. 50).

(9)

1989 c. 41.

(10)

1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

(11)

OJ No. L222, 8.8.86, p.17.

(12)

OJ No. L166, 25.6.87, p.20.

(13)

OJ No. L239, 16.8.89, p.24.

(14)

1990 c. 6.