The Education (Student Support) Regulations 2011

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);

[F1 (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);

[F2 (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 another Member State which applies to A’s income; or

(iii) where the legislation of 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,

except than 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.

[F3 (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) F4 ...A dependant's net income is the dependant's income from all sources [F5 (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 M1 ;

(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 M2 ;

(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 M3 [F6 or, 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 M4 [F7 or 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 M5 ; F8 ...

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

[F9 (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 F10 ... 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) [F11 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 [F12 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.

[F13 (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.

[F14 (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

F1 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)

F2 Reg. 42(1)(ge) substituted (1.8.2014) by The Further and Higher Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/1766), regs. 1, 10

F3 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)

F4 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)

F5 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)

F6 Words in reg. 42(2)(e) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 124(a)

F7 Words in reg. 42(2)(f) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 124(b)

F8 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)

F9 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)

F10 Words in reg. 42(2)(i)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 17 (with Sch. 2 paras. 8-15)

F11 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)

F12 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)

F13 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)

F14 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

M1 1992 c.4 to which there are amendments not relevant to these Regulations.

M2 2002 c.38.

M3 1989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M4 1989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M5 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 [F15 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) [F16 £2,925]; 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 [F17 £2,925] as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F15 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

F16 Sum in reg. 44(3)(a) substituted (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), reg. 1(2), Sch. 1

F17 Sum in reg. 44(3)(b) substituted (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), reg. 1(2), Sch. 1

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) [F18 , (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 [F19 section 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 F20 ... [F21 —

(a) [F22 A 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; F23 ...

(b) [F24 A 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)] F25 ...

[F26 (c) A’s partner has elected to receive financial support for childcare under a healthcare bursary [F27 or Scottish healthcare allowance] [F28 ; or]]

[F29 (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.]

[F30 (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 [F31 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 [F32 £164.70] per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F33 £282.36] 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 M6 .

[F34 (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 [F35 £127.33] 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

F18 Word in reg. 45(2) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 18(a)

F19 Words in reg. 45(2)(b) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 39

F20 Words 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)

F21 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)

F22 Words 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)

F23 Word 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)

F24 Words 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)

F25 Word 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)

F26 Reg. 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)

F27 Words in reg. 45(3)(c) inserted (3.3.2017) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(2), 12(b)(i)

F28 Word 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)

F29 Reg. 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)

F30 Reg. 45(3A)(3B) inserted (23.12.2015) by The Education (Student Support) (Amendment) Regulations 2015 (S.I. 2015/1951), regs. 1(2), 18(b)

F31 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

F32 Sum in reg. 45(5)(a) substituted (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), reg. 1(2), Sch. 1

F33 Sum in reg. 45(5)(b) substituted (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), reg. 1(2), Sch. 1

F34 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

F35 Sum in reg. 45(9) substituted (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), reg. 1(2), Sch. 1

Marginal Citations

M6 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 [F36 £1,669].

Textual Amendments

F36 Sum in reg. 46(2) substituted (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), reg. 1(2), Sch. 1

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.

[F37 (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

F37 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