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PART 5 E+WGRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1E+WTYPES OF GRANTS AVAILABLE

Current system studentsE+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 studentsE+W

F137.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2E+WGENERAL PROVISIONS

General qualifying conditions for grants for living and other costsE+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 [F2unless the student is treated as being in attendance on the designated course under regulation 39].

(3) An eligible student does not qualify for a grant under this Part if the only paragraph [F3or paragraphs in Part 2 of Schedule 1 into which the student falls is one or more of [F4paragraphs 2A, 3(1)(d)(ii), 6A(1)(c)(ii), 7A(1)(b)(ii), 9, 9A, 9BA, 9BB, 9C, 9D, 10, 10ZA, 11A(c)(ii) and 12A(d)(ii).]

(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[F5.]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F8clinical 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;

[F9(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; F10...

(e)unpaid service with—

[F11(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 [F12; or]

[F13(f)unpaid service with either House of Parliament.]

(8) F14... Where one of the events listed in regulation 17(a), (b), F15... (e), (f), (g) [F16, (h), (i), (j), (k) [F17, (l) or (m)]] occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F18...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.

F19(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F4Words in reg. 38(3) substituted (with application in accordance with reg. 1(3)(d) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 11(3)

F5Full stop in reg. 38(4)(a) substituted for semi-colon (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(i)

F6Reg. 38(4)(b)(c) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(a)(ii)

F7Reg. 38(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 16(b)

F12Word in reg. 38(7)(e)(iv) substituted for full-stop (7.11.2014) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(2), 8(b)

F18Words 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

M21978 c.29 to which there have been amendments not relevant to these regulations.

M3S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these regulations.

Students who are treated as in attendanceE+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;

F20(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation applies to—

(a)[F21a [F22compressed 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 [F21a [F23compressed 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.

Textual Amendments

F21Words in reg. 39 substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 12

CHAPTER 3E+WDISABLED STUDENTS' ALLOWANCES

[F24Qualifying conditions for the disabled students' allowanceE+W

40.—(1) Subject to paragraphs (2) to (4), a student qualifies for a grant under regulation 40A if the student—

(a)is an eligible student; and

(b)has a disability.

(2) A student does not qualify for a grant under regulation 40A 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 on the first day of the first academic year.

[F25(2A) For the purposes of paragraph (2), a person (“A”) is to be treated as being ordinarily resident in England for any period during which A would have been so resident but for the fact that—

(a)A,

(b)A’s spouse or civil partner,

(c)A’s parent, or

(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in Wales, Scotland or Northern Ireland as a member of the regular naval, military or air forces of the Crown.]

(3) A student who would otherwise qualify for a grant under regulation 40A in respect of a distance learning course does not qualify for that grant in respect of that course if the Secretary of State considers that the student is undertaking the course outside of the United Kingdom.

[F26(3A) Paragraphs (2) and (3) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 1 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

F27(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F24 Regs. 40, 40A substituted for reg. 40 (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 9

F25Reg. 40(2A) inserted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2018 (S.I. 2018/137), regs. 1(2), 3(2)

F26Reg. 40(3A) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 10

[F24Payment of the disabled students’ allowanceE+W

40A.—[F28(1)] The Secretary of State is authorised to pay the disabled students’ allowance to a student (“A”) who qualifies for that grant under regulation 40 for the purpose of assisting with the additional expenditure which A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of A’s disability.

[F29(2) The expenditure for which the grant may be paid includes, in particular—

(a)expenditure on a non-medical personal helper;

(b)expenditure on major items of specialist equipment;

(c)travel expenditure.]]

Textual Amendments

F24 Regs. 40, 40A substituted for reg. 40 (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 9

F28Reg. 40A renumbered as reg. 40A(1) (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(3)(a)

Amount of the disabled students' allowanceE+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.

[F30(1A) Subject to paragraph (2), the amount of the disabled students’ allowance in respect of additional expenditure on a computer must not exceed an amount equal to the additional expenditure incurred less £200.]

[F31(2) The amount of the disabled students’ allowance in respect of an academic year—

(a)for expenditure other than travel expenditure, must not exceed [F32£25,575];

(b)for travel expenditure, must not exceed an amount equal to that expenditure.]

F33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37(7) Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year F38....

(8) F39... Where one of the events listed in regulation 17(a), (b), F40... (e) (f), (g) [F41, (h), (i), (j), (k) [F42, (l) or (m)]] occurs in the course of an academic year, a student may qualify for the disabled students’ allowance [F43in respect of—

(a)the quarter in which the relevant event occurs, and

(b)if relevant, such quarters as begin after the relevant event occurs.]

F44(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F30Reg. 41(1A) inserted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(a)

F31Reg. 41(2) substituted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(4)(a)

F32Sum in reg. 41(2)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F35Reg. 41(5) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

F36Reg. 41(6) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

F37Reg. 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)

F38Words in reg. 41(7) omitted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(4)(b)

F43Words in reg. 41(8) substituted (with application in accordance with reg. 1(3)(b)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), regs. 1(2), 25(4)(c)

F44Reg. 41(9) omitted (with application in accordance with reg. 1(4)(b)(5) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 10(b)

CHAPTER 4E+WGRANTS FOR DEPENDANTS

Interpretation of Chapter 4E+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;

F45(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F46(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);

[F47(ge)“taxable income” means, in respect of the prior financial year—

(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of [F48a Member State] which applies to A’s income; or

[F49(iii)where the legislation of—

(aa)the United Kingdom and one or more Member States; or

(bb)more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,]

[F50except 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 [F51definition of child], 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.

[F52(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) F53...A dependant's net income is the dependant's income from all sources [F54(for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of [F55regulation 47])] 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 [F56or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014];

(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 [F57or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act];

(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M8; F58...

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

[F59(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 F60... 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)].

F61(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F63(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 [F64(3)(b) and (c), (4)(b) and (c), (9), (10) and (11)] of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]

Textual Amendments

F45Reg. 42(1)(f) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(2)(i)

F46Reg. 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)

F51Words in reg. 42(1)(k) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(2)(ii)

F52Reg. 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)

F53Words 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)

F54Words 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)

F55Words in reg. 42(2) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(3)

F61Reg. 42(3) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(4)

F62Reg. 42(3A) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(4)

F63Reg. 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

M41992 c.4 to which there are amendments not relevant to these Regulations.

M61989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M71989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M82002 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.

GeneralE+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' grantE+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 [F65for 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)[F66£3,263]; 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 [F67£3,263] as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F65Words 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

F66Sum in reg. 44(3)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F67Sum in reg. 44(3)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

Childcare grantE+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) [F68, (3B)] 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 [F69section 20 of the Children and Families Act 2014] 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 F70... [F71—

(a)[F72A or A’s partner] has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; F73...

(b)[F74A or A’s partner] 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)] F75...

[F76(c)A’s partner has elected to receive financial support for childcare under a healthcare bursary [F77or Scottish healthcare allowance] [F78; or]]

[F79(d)A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.]

[F80(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.]

(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 [F81paragraphs (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 [F82£183.75] per week; or

(b)for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F83£315.03] 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 M9.

F84(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph F86... (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) F87... Where one of the events listed in regulation 17(a), (b), F88... (e), (f), (g) [F89, (h), (i), (j), (k) [F90, (l) or (m)]] 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.

F91(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Words in reg. 45(3) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(a)

F72Words in reg. 45(3)(a) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F73Word in reg. 45(3)(a) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F74Words in reg. 45(3)(b) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(c)

F75Word in reg. 45(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(a)

F76Reg. 45(3)(c) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(d)

F78Word in reg. 45(3)(c) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(b)(ii)

F79Reg. 45(3)(d) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(c)

F81Words 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

F82Sum in reg. 45(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F83Sum in reg. 45(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F84Reg. 45(8) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)

F85Reg. 45(9) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)

F86Words in reg. 45(10) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(b)

Marginal Citations

M9Regulation 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 allowanceE+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 [F92£1,863].

Textual Amendments

F92Sum in reg. 46(2) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

CalculationsE+W

47.—[F93(1) The amount of adult dependants’ grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraphs (1A), [F94(1AA),] (1B), (1C) and (4).

(1A) Subject to paragraph (1C), the amount of adult dependants’ grant payable [F95, where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, exceeds £8,746,] is an amount equal to—

Where—

(i)

A is the basic amount mentioned in regulation 44(3);

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of any dependent child or children for the prior financial year; and

(iv)

D is £8,746.

[F96(1AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, does not exceed £8,746, the amount of adult dependant’s grant payable is the basic amount mentioned in paragraph (3) of regulation 44.]

(1B) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children [F97, taken together for the prior financial year,] exceeds [F98£15,271.98], the amount of adult dependants’ grant payable is nil.

(1C) The basic amount of adult dependants’ grant mentioned in paragraph (3) of regulation 44 is payable instead of the amount payable under paragraph (1A) to an eligible student—

(a)who was in receipt of adult dependants’ grant and parents’ learning allowance in respect of an academic year of a course beginning on or after 1st August 2018 but before 1st August 2019;

(b)who is undertaking—

(i)a subsequent year of the same course in an academic year beginning on or after 1st August 2019 without their participation in that course having been withdrawn or suspended; or

(ii)a year of a course in an academic year beginning on or after 1st August 2019, without their participation in that course having been withdrawn or suspended, having transferred from the course mentioned in sub-paragraph (a);

(c)who qualifies for and who is entitled to receive parents’ learning allowance in respect of an academic year mentioned in sub-paragraph (b);

(d)in respect of whom the amount of adult dependants’ grant payable under paragraph (1A) after the application of any contribution calculated under Part 8 would, other than by virtue of an increase in the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, be lower than the amount of adult dependants’ grant received in the academic year mentioned in sub-paragraph (a); and

(e)in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children is at least £8,746 but does not exceed £12,776.

(2) [F99Subject to paragraph (5B),] the amount of childcare grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraph (2A), [F100(2AA),] (2C) and (5) where the eligible student has one dependent child only, and in accordance with paragraph (2B), [F101(2BA),] (2C) and (5) where the eligible student has two or more dependent children.

(2A) The amount of childcare grant payable [F102, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, exceeds £9,727,] is an amount equal to—F103

Where—

(i)

A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent child for the prior financial year;

(iv)

D is £9,727; F104...

(v)

[F105E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(vi)

F is 365 days or, where the academic year includes 29th February, 366 days.]

[F106(2AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, does not exceed £9,727, the amount of childcare grant payable is an amount equal to—F107

Where—

(i)

A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52; F108...

(ii)

[F109B is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(iii)

C is 365 days or, where the academic year includes 29th February, 366 days.]]

(2B) The amount of childcare grant payable [F110, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, exceeds £11,118,] is an amount equal to—F111

Where—

(i)

A is the basic amount mentioned in paragraph (5)(b) of regulation 45 multiplied by 52;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent children for the prior financial year;

(iv)

D is £11,118; F112...

(v)

[F113E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(vi)

F is 365 days or, where the academic year includes 29th February, 366 days.]

[F114(2BA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, does not exceed £11,118, the amount of childcare grant payable is an amount equal to—F115

Where—

(i)

A is the basic amount mentioned in paragraph (5)(b) of regulation 45 [F116multiplied by 52]; F117...

(ii)

[F118B is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(iii)

C is 365 days or, where the academic year includes 29th February, 366 days.]]

(2C) Where—

(i)the eligible student has one dependent child only and the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child exceeds [F119£19,281.99], the amount of childcare grant payable is nil;

(ii)the eligible student has two or more dependent children and the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children exceeds [F120£27,499.55], the amount of childcare grant payable is nil.

(3) The amount of parents’ learning allowance payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraphs (3A), [F121(3AA),] (3B) and (3C).

(3A) Subject to paragraph (3C), the amount of parents’ learning allowance payable [F122, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, exceeds £14,910,] is an amount equal to—

Where—

(i)

A is the basic amount mentioned in paragraph (2) of regulation 46;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent child or children for the prior financial year; and

(iv)

D is £14,910.

[F123(3AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, does not exceed £14,910, the amount of parents’ learning allowance payable is the basic amount mentioned in paragraph (2) of regulation 46.]

(3B) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children [F124, taken together for the prior financial year,] exceeds [F125£18,635.98], the amount of parents’ learning allowance payable is nil.

(3C) The basic amount of parents’ learning allowance mentioned in paragraph (2) of regulation 46 is payable instead of the amount payable under paragraph (3A) to an eligible student—

(a)who was in receipt of parents’ learning allowance in respect of an academic year of a course beginning on or after 1st August 2018 but before 1st August 2019;

(b)who is undertaking—

(i)a subsequent year of the same course in an academic year beginning on or after 1st August 2019 without their participation in that course having been withdrawn or suspended; or

(ii)a year of a course in an academic year beginning on or after 1st August 2019, without their participation in that course having been withdrawn or suspended, having transferred from the course mentioned in sub-paragraph (a);

(c)in respect of whom the total amount of parents’ learning allowance payable under paragraph (3A) after the application of any contribution calculated under Part 8 would, other than by virtue of an increase in the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, be lower than the amount of parents’ learning allowance received under sub-paragraph (a); and

(i)who qualifies for and is entitled to receive adult dependants’ grant and childcare grant under this Part, who has one dependent child only, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child is at least £14,910 but does not exceed £23,154;

(ii)who qualifies for and is entitled to receive adult dependants’ grant and childcare grant under this Part, who has two or more dependent children, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children is at least £14,910 but does not exceed £30,609;

(iii)who qualifies for and is entitled to receive childcare grant under this Part, who does not qualify for or is not entitled to receive adult dependants’ grant under this Part, who has one dependent child only, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child is at least £14,910 but does not exceed £20,147; or

(iv)who qualifies for and is entitled to receive childcare grant under this Part, who does not qualify for or who is not entitled to receive adult dependants’ grant under this Part, who has two or more dependent children, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children is at least £14,910 but does not exceed £27,062.]

(4) The amount of adult dependants' grant calculated under paragraph [F126(1A), [F127(1AA),] (1B) and (1C)] 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 [F128(2A), (2AA) and (2C), or (2B), (2BA) and (2C)] 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.

[F129(5A) An eligible student may request an amount of childcare grant to be payable which—

(a)where the eligible student has one dependent child only, is less than the amount calculated in accordance with paragraphs (2A), (2AA), (2C) and (5); or

(b)where the eligible student has two or more dependent children, is less than the amount calculated in accordance with (2B), (2BA), (2C) and (5).

(5B) Where an eligible student makes a request under paragraph (5A), the amount of childcare grant payable is the amount requested, provided that the Secretary of State considers the amount requested to be reasonable in the circumstances.]

(6) Where the amount of the parents' learning allowance calculated under paragraph [F130(3A)] is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

F131(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

F133(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a student becomes eligible for support as a result of an event referred to in regulation 17.

(9) For the purposes of determining F134... 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;

F135(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F136... 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

F93Reg. 47(1)-(3C) substituted for reg. 47(1)-(3) (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(2)

F98Sum in reg. 47(1B) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F119Sum in reg. 47(2C)(i) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F120Sum in reg. 47(2C)(ii) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F125Sum in reg. 47(3B) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F126Words in reg. 47(4) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(3)

F131Reg. 47(7) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(6)

F132Reg. 47(7A) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(6)

F133Reg. 47(8)(c) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(7)

F134Words in reg. 47(9) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(8)(i)

F135Reg. 47(9)(c) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(8)(ii)

F136Words in reg. 47(11) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(9)

CHAPTER 5E+WGRANTS FOR TRAVEL

InterpretationE+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.

GeneralE+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.

[F13749A.—(1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.E+W

(2) F138... Where one of the events listed in regulation 17(a), (b), F139... (e), (f), (g) [F140, (h), (i), (j), (k) [F141, (l) or (m)]] 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.

F142(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F137Reg. 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 dentistryE+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 dentistryE+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 studyE+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 studyE+W

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

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 travelE+W

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

CHAPTER 6E+WMAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grantE+W

56.—(1) A current system student [F143who is not a 2016 cohort 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 [F144in accordance with regulation 19(2)][F145.]

F146(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F147(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) F148... Where one of the events listed in regulation 17 (a), (b), F149... (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.

F150(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F143Words in reg. 56(1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(a)

F144Words in reg. 56(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 11

F145Full stop in reg. 56(3)(a) substituted for word (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(b)(i)

F146Reg. 56(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 19(b)(ii)

F147Reg. 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 studentsE+W

F15157.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Reg. 57 omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(2)

Amount of the maintenance grant – 2009 cohort studentsE+W

58.—[F152(1) The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is [F153£3,680].]

F154(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F156A 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 [F157£3,680];

(b)where the household income exceeds £25,000 but does not exceed [F158£50,724], the student receives an amount equal to where—

M is [F158£3,680]

A is £1 for every complete [F158£4.23] by which the household income exceeds £25,000 but does not exceed [F158£34,298]

B is £1 for every complete [F158£11.47] by which the household income exceeds [F158£34,298] but does not exceed [F158£50,724]; and

(c)where the household income exceeds [F159£50,724], no maintenance grant is payable.

Textual Amendments

F152Reg. 58(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(a)

F153Sum in reg. 58(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F154Reg. 58(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(b)

F155Reg. 58(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(b)

F156Words in reg. 58(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 21(c)

F157Sum in reg. 58(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F158Sums in reg. 58(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F159Sum in reg. 58(5)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

Amount of the maintenance grant – 2012 cohort studentsE+W

59.—(1) The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is [F160£4,009].

(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 [F161£4,009];

(b)where the household income exceeds £25,000 but does not exceed [F162£42,737] the student receives an amount equal to where—

M is [F162£4,009]

A is £1 for every complete [F162£4.48] by which the household income exceeds £25,000; and

(c)where the household income exceeds [F163£42,737], no maintenance grant is payable.

Textual Amendments

F160Sum in reg. 59(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F161Sum in reg. 59(2)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F162Sums in reg. 59(2)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F163Sum in reg. 59(2)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

[F164Amount of the maintenance grant – current system students who are not F165... 2009, 2012 or 2016 cohort students]E+W

60.—[F166(1) The maximum amount of maintenance grant available to a current system student who is not a F167... 2009, 2012 or 2016 cohort student in respect of an academic year is [F168£3,680].]

F169(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F170(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A current system student [F171other than a F172... 2009, 2012 or 2016 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 £18,360 or less, the student receives [F173£3,680];

(b)where the household income exceeds £18,360 but does not exceed [F174£39,593], the student receives an amount equal to where—

M is [F174£3,680]

A is £1 for every complete [F174£4.71] by which the household income exceeds £18,360 but does not exceed [F175£28,111];

B is £1 for every complete [F174£7.36] by which the household income exceeds [F175£28,111] but does not exceed [F174£39,593];

(c)where the household income exceeds [F176£39,593], no maintenance grant is payable.

Textual Amendments

F164Reg. 60 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(a)

F165Word in reg. 60 heading omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(3)(a)

F166Reg. 60(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(b)

F167Word in reg. 60(1) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(3)(b)

F168Sum in reg. 60(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F169Reg. 60(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(c)

F170Reg. 60(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(c)

F171Words in reg. 60(5) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 22(d)

F172Word in reg. 60(5) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(3)(c)

F173Sum in reg. 60(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F174Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F175Sums in reg. 60(5)(b) substituted (with application in accordance with reg. 1(3)(c)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), reg. 1(2), Sch.

F176Sum in reg. 60(5)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

CHAPTER 7E+WSPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grantE+W

61.—[F177(A1) A current system student who is a 2016 cohort student does not qualify for a special support grant.]

(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 M10; F178...

(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 M11[F179; F180...

[F181(ba)satisfies one of sub-paragraphs (b) to (e) of regulation 14(1) of the Universal Credit Regulations 2013; 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 [F182in accordance with regulation 19(2)][F183.]

F184(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F185(5) Subject to regulation (6), a special support grant is payable in respect of the four quarters of the academic year.

(6) F186...Where one of the events listed in regulation 17 (a), (b), F187... (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.

F188(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F177Reg. 61(A1) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(a)

F180Word in reg. 61(2) omitted (with application in accordance with reg. 1(2)(a)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 3

F181Reg. 61(2)(ba) inserted (with application in accordance with reg. 1(2)(a)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 3

F182Words in reg. 61(3)(a) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Support and European University Institute) (Amendment) Regulations 2013 (S.I. 2013/1728), regs. 1(2)(a), 12

F183Full stop in reg. 61(3)(a) substituted for word (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(b)(i)

F184Reg. 61(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 23(b)(ii)

F185Reg. 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

M101992 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.

M11There 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 studentsE+W

F18962.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189Reg. 62 omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(4)

Amount of the special support grant – 2009 cohort studentsE+W

63.—[F190(1) The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is [F191£3,680].]

F192(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F192(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A 2009 cohort student F194... 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 [F195£3,680];

(b)where the household income exceeds £25,000 but does not exceed [F196£50,724], the student receives an amount equal to where—

M is [F196£3,680]

A is £1 for every complete [F196£4.23] by which the household income exceeds £25,000 but does not exceed [F196£34,298]

B is £1 for every complete [F197£11.47] by which the household income exceeds [F196£34,298] but does not exceed [F196£50,724]; and

(c)where the household income exceeds [F198£50,719], no special support grant is payable.

Textual Amendments

F190Reg. 63(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(a)

F191Sum in reg. 63(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F192Reg. 63(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(b)

F193Reg. 63(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(b)

F194Words in reg. 63(5) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 25(c)

F195Sum in reg. 63(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F196Sums in reg. 63(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F197Sum in reg. 63(5)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F198Sum in reg. 63(5)(c) substituted (with application in accordance with reg. 1(3)(c)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), reg. 1(2), Sch.

Amount of the special support grant – 2012 cohort studentsE+W

64.—(1) The maximum amount of [F199special support grant] available to a 2012 cohort student in respect of an academic year is [F200£4,009].

(2) A 2012 cohort student who qualifies for a [F199special 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 [F201£4,009];

(b)where the household income exceeds £25,000 but does not exceed [F202£42,737] the student receives an amount equal to where—

M is [F202£4,009]

A is £1 for every complete [F202£4.48] by which the household income exceeds £25,000; and

(c)where the household income exceeds [F203£42,737], no [F199special support grant] is payable.

Textual Amendments

F200Sum in reg. 64(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F201Sum in reg. 64(2)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F202Sums in reg. 64(2)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F203Sum in reg. 64(2)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

[F204Amount of the special support grant – current system students who are not F205... 2009, 2012 or 2016 cohort students]E+W

65.—[F206(1) The maximum amount of special support grant available to a current system student who is not a F207... 2009, 2012 or 2016 cohort student in respect of an academic year is [F208£3,680].]

F209(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F209(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F210(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A current system student [F211other than a F212... 2009, 2012 or 2016 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 £18,360 or less, the student receives [F213£3,680];

(b)where the household income exceeds £18,360 but does not exceed [F214£39,593], the student receives an amount equal to where—

M is [F214£3,680]

A is £1 for every complete [F214£4.71] by which the household income exceeds £18,360 but does not exceed [F215£28,111];

B is £1 for every complete [F214£7.36] by which the household income exceeds [F215£28,111] but does not exceed [F214£39,593];

(c)where the household income exceeds [F216£39,593], no special support grant is payable.

Textual Amendments

F204Reg. 65 heading substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(a)

F205Word in reg. 65 heading omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(5)(a)

F206Reg. 65(1) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(b)

F207Word in reg. 65(1) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(5)(b)

F208Sum in reg. 65(1) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F209Reg. 65(2)(3) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(c)

F210Reg. 65(4) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(c)

F211Words in reg. 65(5) substituted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(3)(a), 26(d)

F212Word in reg. 65(5) omitted (with application in accordance with reg. 1(2)(b)(4) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), regs. 1(1), 4(5)(c)

F213Sum in reg. 65(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F214Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F215Sums in reg. 65(5)(b) substituted (with application in accordance with reg. 1(3)(c)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1203), reg. 1(2), Sch.

F216Sum in reg. 65(5)(c) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

CHAPTER 8E+WHIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grantE+W

F21766.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amount of the higher education grantE+W

F21767.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments