PART VIII INCOME AND CAPITAL
Chapter IX Full-Time Students
Interpretation130.
In this Chapter, unless the context otherwise requires—
“contribution" means any contribution in respect of the income F1of a student or of any other person which the Secretary of State or an education authority takes into account in ascertaining the amount of the student’s grant F2or student loan , or any sums, which in determining the amount of a student’s allowance or bursary in Scotland in terms of the Students’ Allowances (Scotland) Regulations 1991 F3 or the Education Authority (Bursaries) (Scotland) Regulations 1995 F4, the Secretary of State or education authority takes into account being sums which the Secretary of State 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;
“covenant income" means the 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;
“education authority" means a government department, a local education authority as defined in section 114(1) of the Education Act 1944 F5, a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 F6, an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986 F7, any body which is a research council for the purposes of the Science and Technology Act 1965 F8 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 but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, section 65 of the Further and Higher Education Act 1992 F9 or section 73 of the Education (Scotland) Act 1980 F10;
“grant income" means–
- (a)
any income by way of a grant;
- (b)
in the case of a student other than one to whom sub-paragraph (c) refers, any contribution that has been taken into account whether or not it has been paid;
- (c)
in the case of a student who satisfies the additional conditions for a disability premium in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has been taken into account and which 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;
- (a)
“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;
“periods of experience" has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1995 F11;
“standard maintenance grant" means–
- (a)
except where paragraph (b) or (c) 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 1995 (“the 1995 regulations") for such a student;
- (b)
except where paragraph (c) applies, in the case of a student residing at his parents’ home, the amount specified in paragraph 3(2) thereof;
- (c)
in the case of a student receiving an allowance or bursary under the Students’ Allowances (Scotland) Regulations 1991 or the Education Authority (Bursaries) (Scotland) Regulations 1995, the amount of money specified as “standard maintenance allowance" for the relevant year appropriate for the student set out in the Guide to Under-graduate allowances issued by the Student Awards Agency for Scotland, or its nearest equivalent in the case of a bursary as set by the local education authority;
- (d)
in any other case, the amount specified in paragraph 2(2) of the 1995 regulations other than in sub-paragraph (a) or (b) thereof;
- (a)
“student" means a full-time student;
F12“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.
Calculation of grant income131.
(1)
The amount of a student’s grant income to be taken into account shall, subject to paragraphs F13(2), (3) and (3A), 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;
(b)
intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;
(c)
intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
(d)
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 is not met by housing benefit;
(e)
on account of any other person but only if that person is residing outside the United Kingdom and there is no applicable amount in respect of him;
(g)
intended to meet travel expenses incurred as a result of his attendance on the course.
F16(3)
Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income—
(a)
the sum of £250 in respect of travel costs; and
(b)
where no amount has been disregarded under paragraph (2)(f), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.
F17(3A)
Where, in respect of a claim for a jobseeker’s allowance made on or after 26th June 2000—
(a)
all or part of a student’s grant income is paid in respect of—
(i)
living costs for his dependants in accordance with regulation 15 of the Education (Student Support) Regulations 1999;
(ii)
where he commenced his course of study on or after 1st August 1998, the maintenance of any person dependent on him in accordance with regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999; and
(b)
that student was liable to pay rent at any time during the academic year in which the date of claim falls,
the income referred to in sub-paragraph (a) shall be disregarded to the extent that it falls to be apportioned in respect of the period in the academic year beginning on the day on which a student loan would cease to be apportioned in accordance with regulation 136(2)(a) or (b), if such a loan was taken into account in respect of that student in that academic year.
(4)
A student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 or otherwise, or intended for an older student under Part IV of that Schedule, shall be apportioned—
(a)
subject to paragraph (6), in a case where it is attributable to the period of study, equally between the weeks in that period;
(b)
in any other case, equally between the weeks in the period in respect of which it is payable.
(5)
Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
(6)
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 the remaining weeks in that period.
Calculation of covenant income where a contribution is assessed132.
(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 £5 from the resulting amount.
(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 regulation 131(2)(g) falls short of the amount for the time being specified in paragraph 7(4)(i) of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 (travel expenditure).
Covenant income where no grant income or no contribution is assessed133.
(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 131(2)(a) to (e), 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 regulation 131(2)(f) and (g) and (3) 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 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 131(2)(a) to (e); 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 regulation 131(2)(f) and (g) and (3).
Relationship with amounts to be disregarded under Schedule 7134.
No part of a student’s covenant income or grant income shall be disregarded under paragraph 15 of Schedule 7 (charitable and voluntary payments) and any other income to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that the amount disregarded under regulation 132(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 133(1)(c) (covenant income where no grant income or no contribution is assessed) is less than £20.
Other amounts to be disregarded135.
(1)
For the purposes of ascertaining income other than grant income, covenant income, and loans treated as income in accordance with regulation 136, any amounts intended for any expenditure specified in regulation 131(2) (calculation of grant income) necessary as a result of the student’s 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 131(2) and (3), 132(3) F18, 133(1)(a) or (b) and 136(5) (calculation of grant income, covenant income and treatment of student loans).
(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.
Treatment of student loans136.
F19(1)
A student loan shall be treated as income.
(2)
In calculating the weekly amount of the loan to be taken into account as income
(a)
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
(b)
in the case of a loan which is payable in respect of the final academic year of the course or if the course is of only one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the last day of the course, and from the weekly amount so apportioned there shall be disregarded £10.
F20(3)
A student shall be treated as possessing a student loan in respect of an academic year where—
(a)
a student loan has been made to him in respect of that year; or
(b)
he could acquire such a loan in respect of that year by taking reasonable steps to do so.
(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 who satisfies the additional conditions for a disability premium specified in paragraph 14 of Schedule 1 (applicable amounts), any contribution which has actually been paid to him;
(b)
n 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.
(5)
There shall be deducted from the amount of income taken into account under paragraph (4)—
(a)
the sum of £250 in respect of travel costs; and
(b)
where no amount has been disregarded under regulation 131(2)(f), the sum of £303 towards the cost of books and equipment,
whether or not any such costs are incurred.
Disregard of contribution137.
Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant F21or 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.
F22Further disregard of student’s income137A.
Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant F23or student loan, the amount taken into account shall be disregarded in assessing that student’s income.
Income treated as capital138.
Any amount by way of a refund of tax deducted from a student’s income shall be treated as capital.
Disregard of changes occurring during summer vacation139.
In calculating a student’s income F25the Secretary of State shall disregard 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.