Prospective
CalculationsE+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
I1Reg. 44 in force at 1.3.2006, see reg. 1(1)