PART VIII INCOME AND CAPITAL

Chapter IX[F1Students]

Textual Amendments

F1Ch. IX, Pt. VIII Title substituted (for specified purposes and with effect in accordance with reg. 1(bi)(bii) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2000 (S.I. 2000/1922), regs. 1, 3(3)

Interpretation

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

[F2“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;]
[F3“access funds" means—
(a)
grants made under section [F468] of the Further and Higher Education Act 1992 F5... [F6for the purpose of providing funds on a discretionary basis to be paid to students];
(b)
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980; F7...
(c)
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]F8...;
(d)
[F9 discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the [F10[F11Secretary of State under section 14 of the Education Act 2002] F12... under sections 100 and 101 of [F13the Apprenticeships, Skills, Children and Learning Act 2009]] [F14or];]
(e)
[F14Financial Contingency Funds made available by the [F15Welsh Ministers];]
[F16“contribution” means—
(a)
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
(b)
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—
(i)
the holder of the allowance or bursary;
(ii)
the holder's parents;
(iii)
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
(iv)
the holder's spouse or civil partner;]
“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, [F17a local authority as defined in section 579 of the Education Act 1996]F18, a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973F19, an education and library board established under article 3 of the Education and Libraries (Northern Ireland) Order 1986F20, any body which is a research council for the purposes of the Science and Technology Act 1965F21 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
[F22“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 [F23or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies];]
“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;
F24...
[F25“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;]
[F26“periods of experience” means periods of work experience which form part of a sandwich course;]
[F27“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;]
“standard maintenance grant" means–
(a)
except where paragraph (b) or (c) applies, in the case of a student attending [F28or 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;
(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)
[F29in 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 authorityF30...;]
(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;
F31...
[F32“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 [F33and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students’ Allowances (Scotland) Regulations 1999]];
F34...