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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)

Calculation of grant income

131.—(1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs [F2(2) and (3)], 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;

(f)intended to meet the cost of books and equipment F3... F4...

(g)intended to meet travel expenses incurred as a result of his attendance on the course.

[F5(h)intended for the maintenance F6... of a child dependent.]

[F7(i)intended for the child care costs of a child dependant.]

[F8(j)of higher education bursary for care leavers made under Part III of the Children Act 1989 [F9or Part 6 of the Social Services and Well-being (Wales) Act 2014].]

[F10(3) Where a student does not have a student loan [F11or a postgraduate master’s degree loan] and is not treated as possessing [F12a student loan or a postgraduate master’s degree loan], there shall be excluded from the student’s grant income—

(a)the sum of [F13£303] per academic year in respect of travel costs; and

(b)[F14the sum of [F15£390] [F16per academic year] towards the costs of books and equipment,]

whether or not any such costs are incurred.]

F17(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F19Subject to paragraph (5A), a student’s grant income except for any amount intended for the maintenance of [F20adult] dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999[F21, 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 [F22in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study];

(b)in any other case, equally between the weeks in the period [F23beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable].

(5) [F24Any grant paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and] any amount intended for the maintenance of [F25dependants] [F25an adult dependant] [F26or 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.

[F27(5A) [F28In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so,] any amount intended for the maintenance of [F29dependants] [F29an adult dependant] under provisions other than those referred to in paragraphs (4) and (5), shall be apportioned over the same period as the student’s loan is apportioned or[F30, as the case may be, would have been apportioned].]

(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 [F31the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study].

Textual Amendments

F2Words in reg. 131(1) 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(6)(a)

F4Words in reg. 131(2)(f) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(a)

F5Reg. 131(2)(h) added (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(a)

F6Words in reg. 131(2)(h) deleted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (S.I. 2004/1708), regs. 1(1)(b), 3(4)(a)

F10Reg. 131(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(b)

F13Word in reg. 131(3)(a) substituted (1.8.2009 for specified purposes and with effect in accordance with reg. 1(3)) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), regs. 1(3), 2(2)(4)(b)

F15Word in reg. 131(3)(b) substituted (1.8.2009 for specified purposes and with effect in accordance with reg. 1(3)) by The Social Security (Students and Miscellaneous Amendments) Regulations 2009 (S.I. 2009/1575), regs. 1(3), 2(3)(4)(b)

F16Words in reg. 131(3)(b) substituted (for specified purposes and with effect in accordance with reg. 1(3)(a) of the amending S.I.) by The Social Security (Students and Income-related Benefits) Amendment Regulations 2007 (S.I. 2007/1632), reg. 1(3)(b), reg. 3(2)(b)

F17Reg. 131(3A) omitted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2005 (S.I. 2005/1807), reg. 2(7) (with reg. 2(9))

F18Reg. 131(3A) omitted (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Security (Students and Income-related Benefits) Amendment Regulations 2006 (S.I. 2006/1752), regs. 1(2), 5(3)

F19Words in reg. 131(4) 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(6)(d)

F20Word in reg. 131(4) inserted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(c)

F21Words in reg. 131(4) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by virtue of The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(c)

F22Words in reg. 131(4)(a) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(a)(4)(d)

F23Words in reg. 131(4)(b) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(3)(b)(4)(d)

F24Words in reg. 131(5) inserted (with effect in accordance with reg. 1(b)(c) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2001 (S.I. 2001/2319), regs. 1(1)(b)(c), 6(d)

F25Words in reg. 131(5) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(d)

F26Words in reg. 131(5) omitted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(d)

F27Reg. 131(5A) inserted (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(6)(e)

F28Words in reg. 131(5A) inserted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(a)(6)(d)

F29Words in reg. 131(5A) substituted (for specified purposes and with effect in accordance with reg. 1(6)(7)(8) of the amending S.I.) by The Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 (S.I. 2003/455), Sch. 2 para. 16(e)

F30Words in reg. 131(5A) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(5)(b)(6)(d)

F31Words in reg. 131(6) substituted (coming into force in accordance with reg. 1(1)(b)(i) of the amending S.I.) by The Social Security Amendment (Students and Income-related Benefits) Regulations 2002 (S.I. 2002/1589), regs. 1(1)(b), 4(7)(8)(d)