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PART VSTUDENTS

Determination of grant income

44.—(1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.

(2) There shall be excluded from a student’s grant income any payment –

(a)intended to meet tuition fees or examination fees;

(b)in respect of the student’s disability;

(c)intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

(d)on account of the student maintaining a home at a place other than that at which he resides during his course;

(e)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

(f)intended to meet the cost of books and equipment;

(g)intended to meet travel expenses incurred as a result of his attendance on the course.

(3) Where a student does not have a student loan and is not treated as possessing such a loan, there shall be excluded from the student’s grant income –

(a)the sum of £270 in respect of travel costs; and

(b)the sum of £340 towards the cost of books and equipment,

whether or not such costs are incurred.

(4) There shall also be excluded from a student’s grant income –

(a)any grant for child care costs payable under regulation 17 of the Education (Student Support) Regulations (Northern Ireland) 2003;

(b)any grant paid under regulation 15(7) of the Education (Student Support) (No. 2) Regulations 2002(1);

(c)any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice; and

(d)any grant paid under the Schedule to the Education (Assembly Learning Grant Scheme) (Wales) Regulations 2002(2).

(5) Subject to paragraphs (6) and (7), a student’s grant income shall be apportioned –

(a)subject to paragraph (8) in a case where it is attributable to the period of study, equally between the weeks in that period,

(b)in any other case, equally between the weeks in the period in respect of which it is payable.

(6) Any amount paid in respect of dependants under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(3) (defrayment of, or contribution towards, the cost of maintenance of employees etc. undergoing training) and any amount intended for the maintenance of dependants under Part III of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2002(4) shall be apportioned equally over the period of 52 weeks of the year as defined for the purposes of those regulations or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

(7) Any amount intended for the maintenance of dependants to which neither paragraph (6) nor regulation 46(2) (other amounts to be disregarded) apply, shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.

(8) In the case of a student on a sandwich course, any periods of experience with the period of study within that period shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.

(2)

S.I. 2002/1857 (W. 181) as amended by the Education (Assembly Learning Grant Scheme) (Wales) (Amendment) Regulations 2002 (S.I. 2002/2814 (W. 271))