The Education Maintenance Allowance (Pilot Areas) Regulations 2000

Income condition

5.—(1) The condition specified in this regulation is, subject to paragraph (6),—

(a) if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;

(b) if paragraph (3) applies, that the income of the student’s parent with whom the student normally resides did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;

(c) if paragraph (4) applies that the income of whichever of the student’s parents as the authority determine did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount; and

(d) if paragraph (5) applies, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.

(2) This paragraph applies where—

(a) the student’s parents live together as husband and wife (whether or not they are married to each other) and paragraph (5) does not apply; or

(b) the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and neither paragraph (3) nor paragraph (5) applies.

(3) This paragraph applies where the student’s parents do not live together as husband and wife, the student normally resides with one of his parents and either—

(a) the income of the other parent cannot reasonably practicably be ascertained or verified, or

(b) the income of the parent with whom the student normally resides does not include a maintenance payment.

(4) This paragraph applies where the student’s parents do not live together as husband and wife, and the student does not normally reside with either of his parents but paragraph (5) does not apply.

(5) This paragraph applies where the student is an independent student.

(6) Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph 1(a), (b), (c) or (d) (as appropriate to the student in question) is likely, during the tax year following that referred to in paragraph (1)—

(a) not to exceed the relevant amount; and

(b) to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),

the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.

(7) For the purposes of this regulation the income of a person is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988(1).

(8) In this regulation—

• “maintenance payment” means a periodical payment (not including an instalment of a lump sum) which—

  (a)

  is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991(2) or under a separation agreement; and

  (b)

  is made by:

  (i)

  one of the parties to a marriage (including a marriage which has been dissolved and annulled) to or for the benefit and for the maintenance of the other party, or

  (ii)

  one of the parents of the student to or for the benefit, and for the maintenance or education of the student.

  (c)

  is due at a time when—

  (i)

  as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the said parties are not living together as husband and wife, or

  (ii)

  as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) the parent making the payment does not reside in the same household as the student; and

• “the relevant amount” means

  (a)

  £20,000, where the relevant authority is Barking and Dagenham, Brent, Camden, Ealing, Greenwich, Hackney, Halton, Hammersmith and Fulham, Haringey, Hartlepool, Islington, Kingston upon Hull, Lambeth, Lewisham, Newham, Salford, Sandwell, Southwark, Tower Hamlets, Waltham Forest, and Wandsworth,

  (b)

  £25,000, where the relevant authority is St. Helens, Wirral, Bradford, and Barnsley,

  (c)

  £30,000 in any other case.

(1)

1988 c. 1.

(2)

1991 c. 48.