SCHEDULE 3RESOURCES

PART ISTUDENT'S INCOME

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 £800 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 £3,865 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 £1,810 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 covenant 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 VII of the Social Security Contributions and Benefits Act 199236, or any transitional addition, personal expenses addition or special transitional addition payable under Part II of the Income Support (Transitional) Regulations 198737;

(k)

any attendance allowance, mobility allowance, severe disablement allowance or disability living allowance under section 35, 36, 37A or 37ZA of the Social Security Act 197538 or under section 64, 68, 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 197739;

(l)

any housing benefit or community charge benefits granted to him in pursuance of a statutory or local scheme 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 Act40;

(m)

any allowance payable to him by an adoption agency in accordance with regulations made pursuant to section 57A of the Adoption Act 197641;

(n)

any guardian’s allowance to which he is entitled 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 198942;

(p)

any payments made to the student in pursuance of an order made under section 34 of the Children Act 197543 or under section 15 of and Schedule 1 to the Children Act 1989 or any assistance 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 COMETT44;

(r)

any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS 45 or the European Community programme for foreign language competence known as LINGUA46;

(s)

the first £3,030 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 199047;

(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 a 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(3) as the authority consider just shall be treated as part of the student’s income for the purposes of regulation 18(1)(b).