The Education (Assisted Places) (Scotland) Regulations 2001

References to income

9.—(1) For the purposes of this Part the income of any person for a financial year shall, subject to the provisions of Schedule 1, be taken to be their total income for that year; and, in this paragraph and that Schedule, “total income” has the same meaning as in section 835 of the Income and Corporation Taxes Act 1988(1).

(2) For the purposes of this Part “relevant income” as respects parents of an assisted pupil means, in relation to any financial year, their income for that year aggregated with the unearned income for that year, if any, of the pupil and of any other of the parents' children who are wholly or mainly dependent on them at the time the relevant income is calculated less, where paragraph (3) or (5) applies, the sum there mentioned; and in this paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.

(3) Subject to paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,430 in respect of each person other than the assisted pupil who–

(a) at the time the relevant income is calculated, is wholly or mainly dependent on the parents or on payments made to that person or for their benefit as mentioned in paragraph (4);

(b) is a child or other relative of one or both of the parents; and

(c) normally resides in the same household as the parents and the assisted pupil.

(4) The payments referred to in paragraph (3)(a) are ones made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of Schedule 1, but excluding any other payments which fall to be deducted in ascertaining total income for the purposes of these Regulations.

(5) Where a child (other than the assisted pupil) who is wholly or mainly dependent on the parents or on payments made to the child or for the child’s benefit by one or both of them is the holder of an award of a kind described in paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,430 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that sum shall be deducted from the relevant income in lieu of the £1,430 prescribed in respect of that child by paragraph (3).

(6) The awards referred to in paragraph (5) are–

(a) an allowance granted by the Scottish Ministers pursuant to regulations from time to time in force and having effect under sections 73 and 74 of the Act(2) providing for the payment of allowances to students(3);

(b) a bursary granted by an education authority pursuant to regulations from time to time in force and having effect under section 49 of the Act(4) providing for the payment of bursaries to persons undertaking courses of full-time education which are not courses of school education(5);

(c) a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962(6) providing for the payment of awards to students attending specified courses of further or higher education(7);

(d) an award made by–

(i) the Northern Ireland Executive’s Higher and Further Education, Training and Employment Department pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986(8) and regulations from time to time in force thereunder(9), being an award in respect of attendance at a course which commenced before 1st September 1999, a first degree course or a postgraduate course for the training of teachers; or

(ii) the Northern Ireland Executive’s Higher and Further Education, Training and Employment Department pursuant to article 51 of the said Order(10), being an award in respect of attendance at an approved postgraduate course at universities, colleges or other institutions, or other approved courses, or for the purpose of enabling or encouraging the holder to take advantage of educational facilities available to them.

(7) In this regulation, any reference to the parents of an assisted pupil is a reference to the persons who are the parents of the assisted pupil at the time the relevant income is calculated.

(1)

1988 c. 1. Section 835 was amended by the Finance Act 1988 (c. 39) section 35 and Schedule 3, paragraph 22 and section 148 and Schedule 14, Part IV; the Capital Allowances Act 1990 (c. 1) section 164 and Schedule 1, paragraph 8(38); the Finance Act 1996 (c. 8) section 73 and Schedule 6, paragraph 24; and the Finance Act 1998 (c. 36) section 31 and Schedule 3, paragraph 40 and section 44 and Schedule 6, paragraph 16.

(2)

Sections 73 and 74 were amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 73 and section 82 and Schedule 10, paragraph 8(17) respectively and section 73 was amended by the Teaching and Higher Education Act 1998 (c. 30) section 29.

(3)

The Regulations in force at the date on which these Regulations were made are the Students' Allowances (Scotland) Regulations 1999 (S.I. 1999/1131). The administrative arrangements for assessing assumed parental contributions are set out in the booklet “Student Support in Scotland” published in April 2001 by the Student Awards Agency, copies of which are obtainable from the Student Awards Agency for Scotland, Awards Branch, Gyleview House, 3 Redheughs Rigg, Edinburgh, EH12 9HH.

(4)

Section 49 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), section 82 and Schedule 10, paragraph 8(9).

(5)

The Regulations in force at the date on which Regulations were made are the Education Authority Bursaries (Scotland) Regulations 1995 (S.I. 1995/1739, as amended by S.I. 1997/1049).

(6)

1962 c. 12; section 1 was substituted by section 19 of and Schedule 5 to the Education Act 1980 (c. 20) and amended by section 4 of the Education (Grants and Awards) Act 1984 (c. 11); the entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237 (c.81)), article 4.

(7)

The Regulations in force at the date on which these Regulations were made were the Education (Mandatory Awards) Regulations 1999 (S.I. 1999/1494 as amended by S.I. 2000/1425).

(8)

S.I. 1986/594 (N.I. 3). Article 50(1) and (2) was repealed by the Education (Student Support) (Northern Ireland) Order 1998, article 9 and the Schedule (S.I. 1998/1760) (N.I. 14), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order 1998, S.R. 1998 No. 460 (c.22).

(9)

The Regulations in force at the date on which these Regulations were made are the Student Awards Regulations (Northern Ireland) 2000 (S.R. 2000 No. 311).

(10)

Article 51 was substituted by article 43 of and Part II of Schedule 5 to S.I. 1996/274 (N.I. 1).