The Education (Student Support) Regulations 2006

Prospective

CHAPTER 4 E+W GRANTS FOR DEPENDANTS

General E+W

40.—(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(c) parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 41 to 44.

Commencement Information

I1 Reg. 40 in force at 1.3.2006, see reg. 1(1)

Adult dependants' grant E+W

41.—(1) An eligible student qualifies for an adult dependants' grant in connection with his attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of either—

(a) the eligible student’s partner; or

(b) an adult dependant of the eligible student whose net income does not exceed £3,530.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 44, the basic amount being—

(a) £2,455; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,455 as the Secretary of State considers reasonable in the circumstances.

Commencement Information

I2 Reg. 41 in force at 1.3.2006, see reg. 1(1)

Childcare grant E+W

42.—(1) An eligible student qualifies, in connection with his attendance on a designated course, for a grant in respect of childcare costs for each dependent child in accordance with this regulation.

(2) Subject to paragraph (3), an eligible student qualifies for a childcare grant in respect of an academic year where childcare is provided by an approved or registered childcare provider if—

(a) the child is under the age of 15 immediately before the beginning of the academic year; or

(b) the child has special educational needs within the meaning of section 312 of the Education Act 1996(1) and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if he or his partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(2).

(4) Subject to paragraph (5), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £148.75 per week; or

(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £255 per week

except that the student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(5) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which childcare costs are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the number of days of that week falling within the academic year and dividing the product by seven.

(6) In this regulation—

“approved childcare provider” means a childcare provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999(3) or the Tax Credits (Approval of Child Care Providers) Scheme 2005(4); and

“registered childcare provider” means a person who acts as a child minder or provides day care and is registered within the meaning of section 79F of the Children Act 1989(5).

Commencement Information

I3 Reg. 42 in force at 1.3.2006, see reg. 1(1)

Parents' learning allowance E+W

43.—(1) An eligible student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 44, the basic amount being £1,400.

Commencement Information

I4 Reg. 43 in force at 1.3.2006, see reg. 1(1)

Calculations E+W

44.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 41 to 43 is the amount of that element remaining after applying, until it is extinguished, an amount equal to A − Bas follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 41;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 42; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 43.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where A − Bis equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants' grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation—

• A is the aggregate of the net income of each of the eligible student’s dependants; and

• B is £1,075 where the eligible student has no dependent child;

  • £3,225 where the eligible student is not a lone parent and has one dependent child;

  • £4,300 where the eligible student is not a lone parent and has more than one dependent child;

  • £4,300 where the eligible student is a lone parent and has one dependent child;

  • £5,380 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(c) the eligible student becomes or ceases to be a lone parent;

(d) a student becomes eligible for support as a result of an event referred to in regulation 37(8).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Secretary of State must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(c) whether the student is to be treated as a lone parent.

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Commencement Information

I5 Reg. 44 in force at 1.3.2006, see reg. 1(1)

Interpretation of Chapter 4 E+W

45.—(1) In regulations 40 to 44—

(a) “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than his child, his partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or his former partner;

(b) “child” in relation to an eligible student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him;

(c) “dependant” means, in relation to an eligible student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

(e) “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

(f) “net income” has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if he were his spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if he were his civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(h) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if—

(i) in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4.

(2) Subject to paragraph (3), a dependant’s net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(6);

(c) any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(7);

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992;

(e) in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(8);

(f) any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002.

(3) Where an eligible student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Secretary of State considers appropriate if, in her opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

Commencement Information

I6 Reg. 45 in force at 1.3.2006, see reg. 1(1)

(1)

1996 c. 56; section 312 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 23, the Schools Standards and Framework Act 1998 (c. 31), section 140, Schedule 30, paragraph 71 and Schedule 31 and the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 56.

(2)

2002 c. 21.

(3)

S.I. 1999/3110.

(4)

S.I. 2005/93.

(5)

1989 c. 41; section 79F was inserted by the Care Standards Act 2000 (c. 14) and amended by the Children Act 2004 (c. 41), Schedules 4 and 5.

(6)

1992 c. 4.

(7)

2002 c. 38.

(8)

1989 c. 41. Section 23 was amended by the Children Act 2004 (c. 31), section 49(3).