PART 5GRANTS FOR LIVING AND OTHER COSTS
CHAPTER 1TYPES OF GRANTS AVAILABLE
Current system students36.
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 studentsF137.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 2GENERAL PROVISIONS
General qualifying conditions for grants for living and other costs38.
(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)
(4)
An eligible student does not qualify for a grant under this Part in respect of—
(a)
an academic year which is a bursary yearF5.
F6(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F8Subject to paragraph (6A), 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.
F9(6A)
Paragraph (6) does not apply in respect of disabled students’ allowance paid on or after the date this paragraph comes into force in relation to an academic year beginning on or after 1st August 2024 where the grant relates to providing a student with—
(a)
technical support for,
(b)
repairs to, or
(c)
replacement of,
relevant equipment or software.
(6B)
For the purposes of paragraph (6A), “relevant equipment or software” means—
(a)
equipment or software that was funded, in whole or in part, by the disabled students’ allowance and provided to the student in an earlier year—
(i)
of the current course, or
(ii)
of an earlier course, where the Secretary of State has transferred the disabled students’ allowance to the current course;
(b)
equipment or software not falling within sub-paragraph (a) for which the student was reimbursed, in whole or in part, by the disabled student’s allowance;
(c)
equipment not falling within sub-paragraph (a) or (b)—
(i)
of which the student had use at the time the Secretary of State assessed the student’s application for support, and
(ii)
with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable equipment;
(d)
software not falling within sub-paragraph (a) or (b)—
(i)
of which the student had use at the time the Secretary of State assessed the student’s application for support,
(ii)
with which the Secretary of State determined the student would have been eligible to be provided had the student not already had use of suitable software, and
(iii)
of which the student no longer has use—
(aa)
following the expiry of the software licence,
(bb)
following an upgrade to or of the computer running the software, or
(cc)
for reasons beyond the student’s control;
(e)
equipment or software that has been replaced under paragraph (6A)(c).
(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 F10an integrated care board 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;
F11(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; F12...
(e)
unpaid service with—
F13(i)
a Special Health Authority established pursuant to section 28 of the National Health Service Act 2006;
(ia)
F14NHS England;
(ib)
the National Institute for Health and Care Excellence;
F15(ic)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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; F16...
F17(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(v)
the Department of Health in Northern Ireland;
(vi)
the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; or
(vii)
a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991; or
F19(f)
unpaid service with either House of Parliament.
F20(8)
Where a protected category event which results in a student becoming an eligible student occurs—
(a)
in the course of the first academic year of a course; and
(b)
on or before the course start date,
the student may qualify for a particular grant in accordance with this Part in respect of that academic year.
(8A)
Subject to paragraph (8B), where—
(a)
a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or
(b)
an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,
the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.
(8B)
A student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.
F21(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.
Students who are treated as in attendance39.
(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;
F22(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
This regulation applies to—
(b)
a student on a period of study or period of work placement in an Erasmus year;
CHAPTER 3DISABLED STUDENTS' ALLOWANCES
F26Qualifying conditions for the disabled students' allowance40.
(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.
F27(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.
F28(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.
F29(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26Payment of the disabled students’ allowance40A.
F30(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.
F31(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.
Amount of the disabled students' allowance41.
(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.
F32(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.
F33(2)
The amount of the disabled students’ allowance in respect of an academic year—
(a)
for expenditure other than travel expenditure, must not exceed F34£27,783;
(b)
for travel expenditure, must not exceed an amount equal to that expenditure.
F35(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(7)
Subject to paragraph (8), the disabled students’ allowance is payable in respect of the four quarters of the academic year F40....
F41(8)
Where a protected category event which results in a student becoming an eligible student occurs—
(a)
in the course of the first academic year of a course; and
(b)
on or before the course start date,
the student may qualify for the disabled students’ allowance in respect of the four quarters of that academic year.
(8A)
Where—
(a)
a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or
(b)
an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,
the student may qualify for the disabled students’ allowance in respect of the qualifying quarters.
(8B)
For the purposes of paragraph (8A) “the qualifying quarters” means—
(a)
the quarter in which the relevant event occurs; and
(b)
if relevant, such other quarters as begin after the relevant event occurs.
F42(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 4GRANTS FOR DEPENDANTS
Interpretation of Chapter 442.
(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;
F43(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)
“net income” has the meaning given in paragraph (2);
F44(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);
F45(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 F46a Member State which applies to A’s income; or
F47(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,
F48except 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 F49definition 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.
F50(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)
F51...A dependant's net income is the dependant's income from all sources F52(for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of F53regulation 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 M3;
(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 M4;
(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 M5 F54or, 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 M6 F55or 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 M7; F56...
(h)
a higher education bursary paid to the dependent;
F57(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 F58... 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).
F59(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60(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.
F61(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 F62(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.
General43.
(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' grant44.
(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 F63for 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)
F64£3,545; 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 F65£3,438 as the Secretary of State considers reasonable in the circumstances.
Childcare grant45.
(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) F66, (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 F67section 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)
(b)
F74(c)
F77(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.
F78(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 F79paragraphs (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 F80£199.62 per week; or
(b)
for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of F81£342.24 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 M8.
F82(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)
Subject to paragraph F84... (11), a childcare grant is payable in respect of the four quarters of the academic year.
F85(11)
Where a protected category event which results in a student becoming an eligible student occurs—
(a)
in the course of the first academic year of a course; and
(b)
on or before the course start date,
the student may qualify for a childcare grant in respect of the four quarters of that academic year.
(11A)
Where—
(a)
a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or
(b)
an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,
the student may qualify for a childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.
F86(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parents' learning allowance46.
(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 F87£2,024.
Calculations47.
F88(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), F89(1AA), (1B), (1C) and (4).
(1A)
Subject to paragraph (1C), the amount of adult dependants’ grant payable F90, 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.
F91(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)
(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)
F94Subject 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), F95(2AA), (2C) and (5) where the eligible student has one dependent child only, and in accordance with paragraph (2B), F96(2BA), (2C) and (5) where the eligible student has two or more dependent children.
(2A)
The amount of childcare grant payable F97, 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—F98
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; F99...
- (v)
F100E 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.
F101(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—F102
Where—
- (i)
A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52; F103...
- (ii)
F104B 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 F105, 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—F106
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; F107...
- (v)
F108E 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.
F109(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—F110
Where—
- (i)
A is the basic amount mentioned in paragraph (5)(b) of regulation 45 F111multiplied by 52; F112...
- (ii)
F113B 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 F114£20,107.23 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 F115£28,914.47 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), F116(3AA), (3B) and (3C).
(3A)
Subject to paragraph (3C), the amount of parents’ learning allowance payable F117, 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.
F118(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)
(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 F121(1A), F122(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 F123(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.
F124(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 F125(3A) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.
F126(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127(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;
F128(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
a student becomes eligible for support as a result of F129—
(i)
a course designation event, or
(ii)
an in-year qualifying event (other than a settled status event).
(9)
For the purposes of determining F130... 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;
F131(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 F132... 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.
CHAPTER 5GRANTS FOR TRAVEL
Interpretation48.
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.
General49.
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.
F133Quarters in respect of which grant for travel is payableF13449A.
(1)
Subject to paragraphs (2) and (3), a grant for travel is payable in respect of the four quarters of the academic year.
(2)
Where a protected category event which results in a student becoming an eligible student occurs—
(a)
in the course of the first academic year of a course; and
(b)
on or before the course start date,
the student may qualify for a grant for travel in respect of the four quarters of the first academic year of the course.
(3)
Where—
(a)
a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or
(b)
an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,
the student may qualify for a grant for travel in respect of such quarters of the academic year as begin after the event in question occurs.
Qualifying conditions for the grant for travel – courses in medicine and dentistry50.
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 dentistry51.
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 study52.
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 study53.
The amount of grant payable under regulation 52 in respect of an academic year is calculated as follows—
X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 52.
Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 54.
54.
The expenditure specified in this regulation is—
(a)
expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute F135or overseas workplace in an Erasmus year;
(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 F136or overseas workplace in an Erasmus year; 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 F137or overseas workplace in an Erasmus year is situated.
Deductions from the grant for travel55.
A deduction may be made from any grant under this Chapter in accordance with Part 8.
CHAPTER 6MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the maintenance grant56.
(1)
A current system student F138who 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—
F141(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
A current system student does not qualify for a maintenance grant if the current course is the graduate entry accelerated programme.
F142(5)
Subject to paragraph (6), a maintenance grant is payable to a F143current system student in respect of the four quarters of the academic year.
F144(6)
Where any of the following events occur in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters of the academic year as begin after the relevant event occurs—
(a)
a course designation event which results in the student’s course becoming a designated course; or
(b)
an event falling within regulation 2A(2)(c), (d), (e) or (f), or 2A(3)(a), (b) or (c), which results in the student becoming an eligible student.
F145(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the maintenance grant – 2008 cohort studentsF14657.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the maintenance grant – 2009 cohort students58.
F147(1)
The maximum amount of maintenance grant available to a 2009 cohort student in respect of an academic year is F148£3,998.
F149(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F151A 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 F152£3,998;
(b)
M is F153£3,998
A is £1 for every complete F153£3.89 by which the household income exceeds £25,000 but does not exceed F153£34,294
B is £1 for every complete F153£10.54 by which the household income exceeds F153£34,294 but does not exceed F153£50,726; and
(c)
where the household income exceeds F154£50,726, no maintenance grant is payable.
Amount of the maintenance grant – 2012 cohort students59.
(1)
The maximum amount of maintenance grant available to a 2012 cohort student in respect of an academic year is F155£4,355.
(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 F156£4,355;
(b)
(c)
where the household income exceeds F158£42,737, no maintenance grant is payable.
F159F160Amount of the maintenance grant – current system students who are not ... 2009, 2012 or 2016 cohort students60.
F161(1)
F164(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F165(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F166A current system student F167other than a ... 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 F168£3,998;
(b)
M is F169£3,998
A is £1 for every complete F169£4.34 by which the household income exceeds £18,360 but does not exceed F169£28,121;
B is £1 for every complete F169£6.75 by which the household income exceeds F169£28,121 but does not exceed F169£39,590;
(c)
where the household income exceeds F170£39,590, no maintenance grant is payable.
CHAPTER 7SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the special support grant61.
F171A1
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 M9; F172...
(b)
F175(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—
F178(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
A current system student does not qualify for a special support grant if the current course is the graduate entry accelerated programme.
F179(5)
Subject to regulation (6), a special support grant is payable in respect of the four quarters of the academic year.
F180(6)
Where any of the following events occur in the course of an academic year, a student may qualify for a special support grant in respect of such quarters of the academic year as begin after the relevant event occurs—
(a)
a course designation event which results in the student’s course becoming a designated course; or
(b)
an event falling within regulation 2A(2)(c), (d), (e) or (f), or 2A(3)(a), (b) or (c), which results in the student becoming an eligible student.
F181(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the special support grant – 2008 cohort studentsF18262.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the special support grant – 2009 cohort students63.
F183(1)
The maximum amount of special support grant available to a 2009 cohort student in respect of an academic year is F184£3,998
F185(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F185(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F186(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F187A 2009 cohort student ... who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—
(a)
where the household income is £25,000 or less, the student receives F188£3,998;
(b)
M is F189£3,998
A is £1 for every complete F189£3.89 by which the household income exceeds £25,000 but does not exceed F189£34,294
B is £1 for every complete F189£10.54 by which the household income exceeds F189£34,294 but does not exceed F189£50,726; and
(c)
where the household income exceeds F190£50,726, no special support grant is payable.
Amount of the special support grant – 2012 cohort students64.
(1)
(2)
A 2012 cohort student who qualifies for a F191special 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 F193£4,355;
(b)
F196F197Amount of the special support grant – current system students who are not ... 2009, 2012 or 2016 cohort students65.
F198(1)
F201(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F201(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F202(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F203A current system student F204other than a ... 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 F205£3,998;
(b)
M is F206£3,998
A is £1 for every complete F206£4.34 by which the household income exceeds £18,360 but does not exceed F206£28,121;
B is £1 for every complete F206£6.75 by which the household income exceeds F206£28,121 but does not exceed F206£39,590;
(c)
where the household income exceeds F207£39,590, no special support grant is payable.
CHAPTER 8HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS
Qualifying conditions for the higher education grantF20866.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amount of the higher education grantF20867.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .