The Education (Student Support) Regulations 2011

PART 5 E+W GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 E+W TYPES OF GRANTS AVAILABLE

Current system students E+W

36.  The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for dependants;

(c) grant for travel;

(d) maintenance grant or special support grant.

Old system students E+W

37.  The following grants are available to an old system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for dependants;

(c) grant for travel;

(d) higher education grant.

CHAPTER 2 E+W GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs E+W

38.—(1) An eligible student qualifies for a grant under this Part provided that the student—

(a) is not excluded from qualification by any of the following paragraphs; and

(b) satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a grant under this Part, other than for a disabled students' allowance, in respect of a distance learning course.

(3) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9;

(4) An eligible student does not qualify for a grant under this Part in respect of—

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers which—

(i) began before 1st September 2010; or

(ii) begins on or after 1st September 2010 where the student transfers to the current course pursuant to regulation 7 from a course for the initial training of teachers beginning before 1st September 2010,

during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year's duration.

(5) Paragraph (4)(b) does not apply for the purposes of the disabled students' allowance.

(6) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(7) For the purposes of paragraph (6), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory or with a [F1 clinical commissioning group] in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

[F2 (ba) unpaid service with a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);]

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of the student's course, in an overseas institution; or

(e) unpaid service with—

[F3 (i) a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;

(ia) the National Health Service Commissioning Board;

(ib) the National Institute for Health and Care Excellence;

(ic) the Health and Social Care Information Centre;]

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 M1 or a Special Health Authority established pursuant to section 22 of that Act;

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M2 ; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 M3 .

(8) Subject to paragraph (9), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F4 ...part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(9) Where the state of which the student is a national accedes to the EU the student may qualify for a grant under this Part only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course.

(10) Subject to paragraph (11), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

(11) Paragraph (10) does not apply in respect of disabled students' allowance for a course beginning before 1st September 2012.

Textual Amendments

F1 Words in reg. 38(7)(a) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(a) (with Sch. 3 para. 24)

F2 Reg. 38(7)(ba) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(b) (with Sch. 3 para. 24)

F3 Reg. 38(7)(e)(i)-(ic) substituted for reg. 38(7)(e)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 165(c) (with Sch. 3 para. 24)

F4 Words in reg. 38(8) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 13

Marginal Citations

M1 2006 c.42.

M2 1978 c.29 to which there have been amendments not relevant to these regulations.

M3 S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.

Students who are treated as in attendance E+W

39.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) disabled students' allowance;

(b) grant for dependants;

(c) maintenance grant or special support grant;

(d) higher education grant.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a student on a period of study or period of work placement in an Erasmus year;

(c) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because the student is unable to attend for a reason which relates to the student's disability.

CHAPTER 3 E+W DISABLED STUDENTS' ALLOWANCES

Qualifying conditions for the disabled students' allowance E+W

40.  An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that A is obliged to incur in connection with A's attendance on or undertaking of a designated course by reason of a disability to which A is subject.

Amount of the disabled students' allowance E+W

41.—(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Secretary of State considers appropriate in accordance with the student's circumstances.

(2) Except where paragraph (4) applies, the amount of the disabled students' allowance must not exceed—

(a) £20,520 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,161 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(c) the additional expenditure incurred—

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of the student's course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,724 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.

(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

(4) The maximum amount under paragraphs (2)(a) and (d) is £15,390 and £1,293, respectively where—

(a) an eligible student attends a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

(5) An eligible student does not qualify for a grant under this regulation in respect of a distance learning course starting on or after 1st September 2012 unless the Secretary of State considers that the student is undertaking the designated course in England [F5 on the first day of the first academic year].

[F6 (6) A student qualifying for a grant under this regulation in respect of a distance learning course will no longer qualify for support in respect of that course if the Secretary of State considers that the student is undertaking the course outside the United Kingdom.]

[F7 (7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.

(8) Subject to paragraph (9), where one of the events listed in regulation 17(a), (b), (c), (e) (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.

(9) Where the state of which the student is a national accedes to the EU the student may qualify for the disabled students’ allowance only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F5 Words in reg. 41(5) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 14(a)

F6 Reg. 41(6) inserted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 14(b)

F7 Reg. 41(7)-(9) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 14(c)

CHAPTER 4 E+W GRANTS FOR DEPENDANTS

Interpretation of Chapter 4 E+W

42.—(1) In regulations 44 to 47—

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

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

(c) “dependant” means, in relation to an eligible student, the student's partner, the student's 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) “dependent child” means, in relation to an eligible student, a child dependent on the student;

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

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

[F8 (ga) “preceding financial year” means the financial year immediately preceding the relevant year;

(gb) “prior financial year” means the financial year immediately preceding the preceding financial year;

(gc) “relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd) “residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

(ge) “taxable income” means, in respect of the prior financial year, a person’s taxable income from all sources computed for the purposes of—

(i) the Income Tax Acts;

(ii) the income tax legislation of another Member State which applies to the person’s income; or

(iii) where the legislation of more than one Member State applies to the period, the legislation under which the Secretary of State considers the person will pay the largest amount of tax in that period,

except that no account is taken of income referred to in paragraph (1A) paid to another party.]

(h) subject to sub-paragraphs (i), (j), (k), (l) and (m), “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 that person were the student's 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 that person were the student's 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;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) 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;

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

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

(l) for the purposes of regulation 45—

(i) sub-paragraph (i) does not apply; and

(ii) a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m) for the purposes of determining whether a person is the former partner of an eligible student's partner, “partner” in relation to an eligible student's partner means—

(i) the spouse of an eligible student's partner;

(ii) the civil partner of an eligible student's partner;

(iii) where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

(n) subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) the student's partner; but

(ii) is dependent on the eligible student and the student's partner together;

(o) the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

(i) the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

(ii) the former partner of the eligible student's partner.

[F9 (1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.]

(2) F10 ... A dependant's net income is the dependant's income from all sources [F11 (for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of regulation 47(7))] 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 M4 ;

(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 M5 ;

(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 22C of the Children Act 1989 M6 ;

(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 M7 ;

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M8 ; F12 ...

(h) a higher education bursary paid to the dependent;

[F13 (i) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has limited capability for work or limited capability for work and work-related activity;

(ii) any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations (the child element)].

(3) [F14 Subject to paragraph (3A),] where an eligible student or the student's 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 [F15 residual income is] 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 the opinion of the Secretary of State, a lesser obligation could reasonably have been incurred.

[F16 (3A) Paragraph (3) applies where—

(a) the current course begins before 1st August 2013;

(b) the student transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(c) the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, the student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

(d) the current course is an end-on course of the kind described in paragraph (e) of the definition of an end-on course in regulation 2.]

(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.

[F17 (5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 4.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 4 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]

Textual Amendments

F8 Reg. 42(1)(ga)-(ge) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(a)

F9 Reg. 42(1A) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(b)

F10 Words in reg. 42(2) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(i)

F11 Words in reg. 42(2) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(ii)

F12 Word in reg. 42(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(3)

F13 Reg. 42(2)(i) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(3)

F14 Words in reg. 42(3) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(d)(i)

F15 Words in reg. 42(3) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(d)(ii)

F16 Reg. 42(3A) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(e)

F17 Reg. 42(5)(6) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(f)

Marginal Citations

M4 1992 c.4 to which there are amendments not relevant to these Regulations.

M5 2002 c.38.

M6 1989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M7 1989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M8 2002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24 and there are amendments not relevant to these Regulations.

General E+W

43.—(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 44 to 47.

Adult dependants' grant E+W

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

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student's partner; or

(b) an adult dependant whose net income [F18 for the relevant year] does not exceed £3,796.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a) £2,642; 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 £2,642 as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F18 Words in reg. 44(2)(b) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 16

Childcare grant E+W

45.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

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

(b) a dependent child who has special educational needs within the meaning of section 312 of the Education Act 1996 M9 and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if A or A's partner [F19 —

(a) has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; or

(b) is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)].

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

(5) Subject to [F20 paragraphs (6) and (8)], the basic amount of childcare grant for each week is—

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

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

except that A 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.

(6) 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 prescribed childcare charges 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 (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 M10 .

[F21 (8) Where A’s application for a childcare grant does not identify a childcare provider, the Secretary of State may limit—

(a) the amount of grant paid to A to the amount specified in paragraph (9), and

(b) payment of the grant to one quarter of the academic year,

until A has submitted details of the childcare provider to the Secretary of State.

(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.

(10) Subject to paragraph (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) Subject to paragraph (12), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F19 Words in reg. 45(3) substituted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(4)

F20 Words in reg. 45(5) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 17

F21 Reg. 45(8)-(12) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 18

Marginal Citations

M9 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, the Learning and Skills Act 2000 (c.21), Schedule 9, paragraph 56, the Education and Inspections Act 2006 (c.40), Schedule 1, paragraph 3 and the Apprentices, Skills, Children and Learning Act 2009 (c.22), section 59 and Schedule 2.

M10 Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I.2005/681, S.I. 2005/769, S.I. 2005/2919, S.I.2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I.2007/968, S.I. 2007/2479, S.I. 2008/604, S.I.2008/1879, S.I.2008/2169, S.I.2009/679 and S.I.2009/800) S.I. 2009/2887, S.I. 2010/751, S.I. 2011/721 sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002.

Parents' learning allowance E+W

46.—(1) An eligible student (“A”) qualifies in connection with A's attendance on a designated course for the parents' learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being £1,508.

Calculations E+W

47.—(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 44 to 46 is the amount of that element remaining after applying, until it is extinguished, an amount equal to as 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 44;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 45; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 46.

(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 is 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) in respect of an adult dependant 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 that partner 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 that partner 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.

[F22 (7) In this regulation—

A is the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

(b) the residual income of the eligible student’s adult dependants for the prior financial year; and

(c) subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year.

Where the student begins the course before 1st August 2013, B is—

(a) £1,159 where the eligible student has no dependent child;

(b) £3,473 where the eligible student is not a lone parent and has one dependent child;

(c) £4,627 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,792 where the eligible student is a lone parent and has more than one dependent child.

Where the student begins the course on or after 1st August 2013, B is—

(a) £6,159 where the eligible student has no dependent child;

(b) £8,473 where the eligible student is not a lone parent and has one dependent child;

(c) £9,627 where the eligible student—

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £10,792 where the eligible student is a lone parent and has more than one dependent child.

(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st August 2013 in relation to a student “A” where —

(a) A transfers to the current course pursuant to regulation 7 on or after 1st August 2013 from a designated course beginning before 1st August 2013;

(b) the current course is a full-time honours degree course beginning on or after 1st August 2013 which, disregarding any intervening vacation, A begins immediately after ceasing to attend a full-time course mentioned in paragraph 2, 3 or 4 of Schedule 2 or a full-time foundation or ordinary degree course, which started on or after 1st September 2012, having achieved a qualification; or

(c) the current course is an end-on course of the kind described in paragraph (e) of the definition of an end-on course in regulation 2.

(7B) Where the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Secretary of State has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Secretary of State must ascertain the dependent children’s net income in the preceding financial year.] 

(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 17.

(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.

Textual Amendments

F22 Reg. 47(7)-(7D) substituted for reg. 47(7) (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 19

CHAPTER 5 E+W GRANTS FOR TRAVEL

Interpretation E+W

48.  For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year.

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;

(b) “qualifying quarter” means a quarter during which the eligible student attends as part of the student's course an overseas institution or the Institute or overseas workplace in an Erasmus year for at least half the period covered by that quarter.

General E+W

49.  A grant for travel is available—

(a) to eligible students attending courses in medicine or dentistry in accordance with regulation 50;

(b) to eligible students attending an overseas institution or the Institute or overseas workplace in an Erasmus year in accordance with regulation 52.

[F23 49A.— (1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year. E+W

(2) Subject to paragraph (3), where one of the events listed in regulation 17(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a grant for travel in respect of such quarters as begin after the relevant event occurs.

(3) Where the state of which the student is a national accedes to the EU the student may qualify for the grant for travel only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F23 Reg. 49A inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 20

Qualifying conditions for the grant for travel – courses in medicine and dentistry E+W

50.  A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student's course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

Amount of the grant for travel – courses in medicine and dentistry E+W

51.  The amount of grant payable under regulation 50 in respect of an academic year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purposes set out in that regulation less £303.

Qualifying conditions for the grant for travel – overseas study E+W

52.  A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student's course the overseas institution or the Institute or overseas workplace in an Erasmus year.

Amount of the grant for travel – overseas study E+W

53.  The amount of grant payable under regulation 52 in respect of an academic year is calculated as follows—

• 

• X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 52.

• Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 54.

54.  The expenditure specified in this regulation is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.

Deductions from the grant for travel E+W

55.  A deduction may be made from any grant under this Chapter in accordance with Part 8.

CHAPTER 6 E+W MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant E+W

56.—(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with the student's attendance on a designated course (other than a distance learning course).

(2) A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) A current system student does not qualify for a maintenance grant if the current course is the graduate entry accelerated programme.

[F24 (5) Subject to paragraph (6), a maintenance grant is payable to a qualifying student in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the maintenance grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F24 Reg. 56(5)-(7) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 21

Amount of the maintenance grant – 2008 cohort students E+W

57.—(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F25 £1,540];

(b) in the case of a type 2 teacher training student, [F26 £3,080]; and

(c) in the case of a 2008 cohort student other than a type 1, type 2 or type 3 teacher training student, [F27 £3,080].

(2) A type 1 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F28 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F29 £34,713], the student receives an amount equal to where—

M is [F29 £1,540]

A is £1 for every complete [F29 £11.36] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F30 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F30 £685.]

(3) A type 2 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, the student receives [F31 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F32 £34,713], the student receives an amount equal to where—

M is [F32 £3,080]

A is £1 for every complete [F32 £5.68 ]by which the household income exceeds £25,000; and

(c) where the household income exceeds [F33 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F33 £1,370].

(4) A type 3 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F34 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F35 £61,047], the student receives an amount equal to where—

M is [F35 £1,540]

A is £1 for every complete [F35 £11.36] by which the household income exceeds £25,000 but does not exceed [F35 £34,713]

B is £1 for every complete [F35 £39.90] by which the household income exceeds [F35 £34,713] but does not exceed [F35 £61,047]; and

(c) where the household income exceeds [F36 £61,047], no maintenance grant is payable.

(5) A 2008 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F37 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F38 £61,047], the student receives an amount equal to where—

M is [F38 £3,080]

A is £1 for every complete [F38 £5.68] by which the household income exceeds £25,000 but does not exceed [F38 £34,713]

B is £1 for every complete [F38 £19.95] by which the household income exceeds [F38 £34,713] but does not exceed [F38 £61,047]; and

(c) where the household income exceeds [F39 £61,047], no maintenance grant is payable.

Textual Amendments

F25 Sum in reg. 57(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F26 Sum in reg. 57(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I. by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F27 Sum in reg. 57(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F28 Sum in reg. 57(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F29 Sums in reg. 57(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F30 Sums in reg. 57(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F31 Sum in reg. 57(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F32 Sums in reg. 57(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F33 Sums in reg. 57(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F34 Sum in reg. 57(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F35 Sums in reg. 57(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F36 Sum in reg. 57(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F37 Sum in reg. 57(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F38 Sums in reg. 57(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F39 Sum in reg. 57(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the maintenance grant – 2009 cohort students E+W

58.—(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F40 £1,540];

(b) in the case of a type 2 teacher training student, [F41 £3,080]; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, [F42 £3,080].

(2) A type 1 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F43 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F44 £34,264], the student receives an amount equal to where—

M is [F44 £1,540]

A is £1 for every complete [F44 £9.70] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F45 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F45 £585].

(3) A type 2 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, the student receives [F46 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F47 £34,264], the student receives an amount equal to where—

M is [F47 £3,080]

A is £1 for every complete [F47 £4.85] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F48 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F48 £1,170].

(4) A type 3 teacher training student who is a 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F49 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F50 £50,706], the student receives an amount equal to where—

M is [F50 £1,540]

A is £1 for every complete [F50 £9.70] by which the household income exceeds £25,000 but does not exceed [F50 £34,264]

B is £1 for every complete [F50 £29.36] by which the household income exceeds [F50 £34,264] but does not exceed [F50 £50,706]; and

(c) where the household income exceeds [F51 £50,706], no maintenance grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F52 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F53 £50,706], the student receives an amount equal to where—

M is [F53 £3,080]

A is £1 for every complete [F53 £4.85] by which the household income exceeds £25,000 but does not exceed [F53 £34,264]

B is £1 for every complete [F53 £14.68] by which the household income exceeds [F53 £34,264] but does not exceed [F53 £50,706]; and

(c) where the household income exceeds [F54 £50,706], no maintenance grant is payable.

Textual Amendments

F40 Sum in reg. 58(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F41 Sum in reg. 58(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F42 Sum in reg. 58(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F43 Sum in reg. 58(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F44 Sums in reg. 58(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F45 Sums in reg. 58(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F46 Sum in reg. 58(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F47 Sums in reg. 58(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F48 Sums in reg. 58(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F49 Sum in reg. 58(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F50 Sums in reg. 58(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F51 Sum in reg. 58(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F52 Sum in reg. 58(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F53 Sums in reg. 58(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F54 Sum in reg. 58(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the maintenance grant – 2012 cohort students E+W

59.—(1) The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is [F55 £3,354].

(2) A 2012 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F56 £3,354]

(b) where the household income exceeds £25,000 but does not exceed [F57 £42,611] the student receives an amount equal to where—

M is [F57 £3,354]

A is £1 for every complete [F57 £5.33] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F58 £42,611], no maintenance grant is payable.

Textual Amendments

F55 Sum in reg. 59(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F56 Sum in reg. 59(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F57 Sums in reg. 59(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F58 Sum in reg. 59(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the maintenance grant – current system students who are not 2008, 2009 or 2012 cohort students E+W

60.—(1) The maximum amount of maintenance grant available to a current system student who is not a 2008, 2009 or 2012 cohort student in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, [F59 £1,540];

(b) in the case of a type 2 teacher training student, [F60 £3,080]; and

(c) in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, [F61 £3,080].

(2) A type 1 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F62 £1,540];

(b) where the household income exceeds £18,360 but does not exceed [F63 £28,073] the student receives an amount equal to where

M is [F63 £1,540]

A is £1 for every complete [F63 £11.36] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F64 £28,073] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F64 £685].

(3) A type 2 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F65 £3,080];

(b) where the household income exceeds £18,360 but does not exceed [F66 £28,073], the student receives an amount equal to where—

M is [F66 £3,080]

A is £1 for every complete [F66 £5.68] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F67 £28,073] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F67 £1,370].

(4) A type 3 teacher training student who is not a 2008 or 2009 cohort student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F68 £1,540];

(b) where the household income exceeds £18,360 but does not exceed [F69 £39,571], the student receives an amount equal to where—

M is [F69 £1,540]

A is £1 for every complete [F69 £11.36] by which the household income exceeds £18,360 but does not exceed [F69 £28,073]

B is £1 for every complete [F69 £17.42] by which the household income exceeds [F69 £28,073] but does not exceed [F69 £39,571]; and

(c) where the household income exceeds [F70 £39,571], no maintenance grant is payable.

(5) A current system student other than a 2008, [F71 2009] or 2012 cohort student or a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F72 £3,080];

(b) where the household income exceeds £18,360 but does not exceed [F73 £39,571], the student receives an amount equal to where—

M is [F73 £3,080]

A is £1 for every complete [F73 £5.68] by which the household income exceeds £18,360 but does not exceed [F73 £28,073];

B is £1 for every complete [F73 £8.71] by which the household income exceeds [F73 £28,073] but does not exceed [F73 £39,571];

(c) where the household income exceeds [F74 £39,571], no maintenance grant is payable.

Textual Amendments

F59 Sum in reg. 60(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F60 Sum in reg. 60(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F61 Sum in reg. 60(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F62 Sum in reg. 60(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F63 Sums in reg. 60(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F64 Sums in reg. 60(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F65 Sum in reg. 60(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F66 Sums in reg. 60(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F67 Sums in reg. 60(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F68 Sum in reg. 60(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F69 Sums in reg. 60(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F70 Sum in reg. 60(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F71 Word in reg. 60(5) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 22

F72 Sum in reg. 60(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F73 Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F74 Sum in reg. 60(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

CHAPTER 7 E+W SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant E+W

61.—(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student's attendance on a designated course (other than a distance learning course) to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if the student—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992 M11 ; F75 ...

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act M12 [F76 ; or

(c) under regulation 25(3) of the Universal Credit Regulations 2013 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home].

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) A current system student does not qualify for a special support grant if the current course is the graduate entry accelerated programme.

[F77 (5) Subject to regulation (6), a special support grant is payable in respect of the four quarters of the academic year.

(6) Subject to paragraph (7), where one of the events listed in regulation 17 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.

(7) Where the state of which the student is a national accedes to the EU the student may qualify for the special support grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]

Textual Amendments

F75 Word in reg. 61(2) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(5)

F76 Reg. 61(2)(c) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 54(5)

F77 Reg. 61(5)-(7) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 23

Marginal Citations

M11 1992 c.4 inserted by the Jobseekers Act 1995 (c.18), Schedule 2 paragraph 30 (5). The relevant regulation is regulation 4ZA of the Income Support (General) Regulations 1987 (S.I. 1987/1967). Regulation 4ZA was inserted by S.I. 1996/206, amended by S.I. 2000/1981, S.I. 2006/2144, S.I.2008/1826 and S.I.2009/583; there are other amending instruments but none is relevant.

M12 There are amendments to section 130 which are not relevant to these Regulations. The relevant regulation is regulation 56 of the Housing Benefit Regulations 2006 (S.I. 2006/213, as amended by S.I. 2006/718, S.I.2008/1042, S.I.2008/1082 and 2009/583).

Amount of the special support grant – 2008 cohort students E+W

62.—(1) The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F78 £1,540];

(b) in the case of a type 2 teacher training student, [F79 £3,080]; and

(c) in the case of a 2008 cohort student other than a type 1, type 2 or type 3 teacher training student, [F80 £3,080].

(2) A type 1 teacher training student who is a 2008 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F81 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F82 £34,713] the student receives an amount equal to where—

M is [F82 £1,540]

A is £1 for every complete [F82 £11.36] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F83 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F83 £685].

(3) A type 2 teacher training student who is a 2008 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F84 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F85 £34,713], the student receives an amount equal to where—

M is [F85 £3,080]

A is £1 for every complete [F85 £5.68] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F86 £34,713] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F86 £1,370].

(4) A type 3 teacher training student who is a 2008 cohort student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F87 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F88 £61,047], the student receives an amount equal to where—

M is [F88 £1,540]

A is £1 for every complete [F88 £11.36] by which the household income exceeds £25,000 but does not exceed [F88 £34,713]

B is £1 for every complete [F88 £39.90] by which the household income exceeds [F88 £34,713] but does not exceed [F88 £61,047]; and

(c) where the household income exceeds [F89 £61,047,] no special support grant is payable.

(5) A 2008 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F90 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F91 £61,047], the student receives an amount equal to where—

M is [F91 £3,080],

A is £1 for every complete [F91 £5.68] by which the household income exceeds £25,000 but does not exceed [F91 £34,713],

B is £1 for every complete [F91 £19.95] by which the household income exceeds [F91 £34,713] but does not exceed [F91 £61,047]; and

(c) where the household income exceeds [F92 £61,047], no special support grant is payable.

Textual Amendments

F78 Sum in reg. 62(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F79 Sum in reg. 62(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F80 Sum in reg. 62(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F81 Sum in reg. 62(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F82 Sums in reg. 62(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F83 Sums in reg. 62(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F84 Sum in reg. 62(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F85 Sums in reg. 62(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F86 Sums in reg. 62(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F87 Sum in reg. 62(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F88 Sums in reg. 62(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F89 Sum in reg. 62(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F90 Sum in reg. 62(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F91 Sums in reg. 62(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F92 Sum in reg. 62(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the special support grant – 2009 cohort students E+W

63.—(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is —

(a) in the case of a type 1 or type 3 teacher training student, [F93 £1,540];

(b) in the case of a type 2 teacher training student, [F94 £3,080]; and

(c) in the case of a 2009 cohort student other than a type 1, type 2 or type 3 teacher training student, [F95 £3,080].

(2) A type 1 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F96 £1,540]

(b) where the household income exceeds £25,000 but does not exceed [F97 £34,264] the student receives an amount equal to where—

M is [F97 £1,540]

A is £1 for every complete [F97 £9.70] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F98 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F98 £585].

(3) A type 2 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F99 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F100 £34,264], the student receives an amount equal to where—

M is [F100 £3,080]

A is £1 for every complete [F100 £4.85] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F101 £34,264] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F101 £1,170].

(4) A type 3 teacher training student who is a 2009 cohort student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F102 £1,540];

(b) where the household income exceeds £25,000 but does not exceed [F103 £50,706], the student receives an amount equal to where—

M is [F103 £1,540]

A is £1 for every complete [F103 £9.70] by which the household income exceeds £25,000 but does not exceed [F103 £34,264]

B is £1 for every complete [F103 £29.36] by which the household income exceeds [F103 £34,264] but does not exceed [F103 £50,706]; and

(c) where the household income exceeds [F104 £50,706], no special support grant is payable.

(5) A 2009 cohort student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F105 £3,080];

(b) where the household income exceeds £25,000 but does not exceed [F106 £50,706], the student receives an amount equal to where—

M is [F106 £3,080]

A is £1 for every complete [F106 £4.85] by which the household income exceeds £25,000 but does not exceed [F106 £34,264]

B is £1 for every complete [F106 £14.68] by which the household income exceeds [F106 £34,264] but does not exceed [F106 £50,706]; and

(c) where the household income exceeds [F107 £50,706], no special support grant is payable.

Textual Amendments

F93 Sum in reg. 63(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F94 Sum in reg. 63(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F95 Sum in reg. 63(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F96 Sum in reg. 63(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F97 Sums in reg. 63(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F98 Sums in reg. 63(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F99 Sum in reg. 63(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F100 Sums in reg. 63(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F101 Sums in reg. 63(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F102 Sum in reg. 63(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F103 Sums in reg. 63(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F104 Sum in reg. 63(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F105 Sum in reg. 63(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F106 Sums in reg. 63(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F107 Sum in reg. 63(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the special support grant – 2012 cohort students E+W

64.—(1) The maximum amount of [F108 special support grant] available to a 2012 cohort student in respect of an academic year is [F109 £3,354].

(2) A 2012 cohort student who qualifies for a [F108 special support grant] in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, the student receives [F110 £3,354];

(b) where the household income exceeds £25,000 but does not exceed [F111 £42,611] the student receives an amount equal to where—

M is [F111 £3,354]

A is £1 for every complete [F111 £5.33] by which the household income exceeds £25,000; and

(c) where the household income exceeds [F112 £42,611], no [F108 special support grant] is payable.

Textual Amendments

F108 Words in reg. 64(1)(2) substituted (1.8.2012) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(3), 25

F109 Sum in reg. 64(1) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F110 Sum in reg. 64(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F111 Sums in reg. 64(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F112 Sum in reg. 64(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

Amount of the special support grant – current system students who are not 2008, 2009 or 2012 cohort students E+W

65.—(1) The maximum amount of special support grant available to a current system student who is not a 2008, 2009 or 2012 cohort student in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, [F113 £1,540];

(b) in the case of a type 2 teacher training student, [F114 £3,080]; and

(c) in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, [F115 £3,080].

(2) A type 1 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F116 £1,540];

(b) where the household income exceeds £18,360 but does not exceed [F117 £28,073], the student receives an amount equal to where—

M is [F117 £1,540]

A is £1 for every complete [F117 £11.36] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F118 £28,073] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F118 £685].

(3) A type 2 teacher training student who is not a 2008 or 2009 cohort student and who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F119 £3,080];

(b) where the household income exceeds £18,360 but does not exceed [F120 £28,073], the student receives an amount equal to where—

M is [F120 £3,080]

A is £1 for every complete [F120 £5.68] by which the household income exceeds £18,360; and

(c) where the household income exceeds [F121 £28,073] or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives [F121 £1,370].

(4) A type 3 teacher training student who is not a 2008 or 2009 cohort student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F122 £1,540];

(b) where the household income exceeds £18,360 but does not exceed [F123 £39,571], the student receives an amount equal to where—

M is [F123 £1,540]

A is £1 for every complete [F123 £11.36] by which the household income exceeds £18,360 but does not exceed [F123 £28,073]

B is £1 for every complete [F123 £17.42] by which the household income exceeds [F123 £28,073] but does not exceed [F123 £39,571]; and

(c) where the household income exceeds [F124 £39,571], no special support grant is payable.

(5) A current system student other than a 2008, 2009 or 2012 cohort student or a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, the student receives [F125 £3,080];

(b) where the household income exceeds £18,360 but does not exceed [F126 £39,571], the student receives an amount equal to where—

M is [F126 £3,080]

A is £1 for every complete [F126 £5.68] by which the household income exceeds £18,360 but does not exceed [F126 £28,073];

B is £1 for every complete [F126 £8.71] by which the household income exceeds [F126 £28,073] but does not exceed [F126 £39,571];

(c) where the household income exceeds [F127 £39,571], no special support grant is payable.

Textual Amendments

F113 Sum in reg. 65(1)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F114 Sum in reg. 65(1)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F115 Sum in reg. 65(1)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F116 Sum in reg. 65(2)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F117 Sums in reg. 65(2)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F118 Sums in reg. 65(2)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F119 Sum in reg. 65(3)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F120 Sums in reg. 65(3)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F121 Sums in reg. 65(3)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F122 Sum in reg. 65(4)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F123 Sums in reg. 65(4)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F124 Sum in reg. 65(4)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F125 Sum in reg. 65(5)(a) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F126 Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

F127 Sum in reg. 65(5)(c) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), reg. 1(2)(a), Sch.

CHAPTER 8 E+W HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grant E+W

66.—(1) An old system student qualifies in accordance with this regulation for a higher education grant in connection with the student's attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system student does not qualify for a higher education grant unless the student began the specified designated course on or after 1st September 2004.

(3) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, the student cannot qualify for a higher education grant for that year unless the reason that the student does not qualify for a grant for fees is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the higher education grant E+W

67.—(1) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(2) An old system student who qualifies for a higher education grant receives an amount as follows—

(a) where the household income is £16,750 or less, the student receives £1,000;

(b) where the household income exceeds £16,750 and does not exceed £22,735, the student receives an amount equal to where—

M is £1,000

A is £1 for every complete £6.30 by which the household income exceeds £16,750; and

(c) where the household income exceeds £22,735, no higher education grant is payable.