Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

References to income

8.—(1) For the purposes of these Regulations, the income of any person for a financial year shall be taken to be his total income for that year; and, subject to the provisions of the Appendix to this Schedule (“the Appendix”), in this sub-paragraph and the Appendix “total income” has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988(1).

(2) For the purposes of these Regulations “relevant income” as regards an aided pupil means, in relation to any financial year, the income of the aided pupil’s parents aggregated with the unearned income of—

(i) the aided pupil himself, and

(ii) any children (apart from the aided pupil) of the parents who are wholly or mainly dependent on one or both of them at the time the relevant income is calculated

less, where sub-paragraph (3) or (5) applies, the sum there mentioned.

• In this sub-paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.

(3) Subject to sub-paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,430 in respect of each person other than the aided pupil who—

(a) at the time the relevant income is calculated, is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit as mentioned in sub-paragraph (4), and

(b) is a child or other relative of one or both of the parents, and

(c) normally resides in the same household as the parents and the aided pupil.

(4) The payments referred to in sub-paragraph (3)(a) are payments made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of the Appendix, but excluding any other payments which fall to be deducted in ascertaining total income for the purpose of these Regulations.

(5) Where a child (other than the aided pupil) who is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit by one or both of them, is the holder of an award of a kind described in sub-paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,430 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that higher sum shall be deducted from the relevant income in lieu of the “£1,430” prescribed in respect of that child by sub-paragraph (3).

(6) An award referred to in paragraph (5) is—

(a) a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962(2) providing for the payment of awards to students attending specified courses of further or higher education(3);

(b) a grant or loan paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 22 of the Teaching and Higher Education Act 1998(4) providing for support for students attending higher education courses(5);

(c) an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980(6) providing for the payment of allowances to students(7); or

(d) an award made by an Education and Library Board in Northern Ireland pursuant to Article 50(1) and (2) and 134(1)(a) of the Education and Libraries (Northern Ireland) Order 1986(8) and regulations from time to time in force thereunder(9), being an award for the purpose of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations.

(7) In this paragraph any reference to the parents of an aided pupil is a reference to the persons who are his parents (as defined in regulation 4) at the time that the relevant income is calculated.

(1)

1988 c. 1. Section 1(2)(b) was amended by section 24(2)(a) of the Finance Act 1988 (c. 39.)

(2)

1962 c. 12; the entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 4.

(3)

The Regulations in force at the date on which these Regulations are made are the Education (Mandatory Awards) Regulations 2000 (S.I. 2000/2123).

(4)

1998 c. 30.

(5)

The Regulations in force at the date on which these Regulations are made are the Education (Student Support) Regulations 2000 (S.I. 2000/1121).

(6)

1980 c. 44.

(7)

The Regulations in force at the date on which these Regulations are made are the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944).

(8)

S.I. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, S.I. 1998/1760 (N.I. 14) subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, S.R. 1998 No. 460 (c.22).

(9)

The Regulations in force at the time these Regulations are made are the Student Awards Regulations (Northern Ireland) 2000, (S.R. 2000 No. 311) subject to SR 1998 No. 460.