The Jobseeker’s Allowance Regulations 1996

Calculation of grant income

131.—(1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs [F1 (2), (3) and (3A)], be the whole of his grant income.

(2) There shall be disregarded from the amount of a student’s grant income any payment—

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

(b) intended to meet additional expenditure incurred by a disabled student in respect of his attendance on a course;

(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 while attending his course but only to the extent that his rent is not met by housing benefit;

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

(f) intended to meet the cost of books and equipment F2 ... F3 ...

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

[F4 (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 £250 in respect of travel costs; and

(b) where no amount has been disregarded under paragraph (2)(f), the sum of £303 towards the cost of books and equipment,

whether or not any such costs are incurred.]

[F5 (3A) Where, in respect of a claim for a jobseeker’s allowance made on or after 26th June 2000—

(a) all or part of a student’s grant income is paid in respect of—

(i) living costs for his dependants in accordance with regulation 15 of the Education (Student Support) Regulations 1999;

(ii) where he commenced his course of study on or after 1st August 1998, the maintenance of any person dependent on him in accordance with regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999; and

(b) that student was liable to pay rent at any time during the academic year in which the date of claim falls,

the income referred to in sub-paragraph (a) shall be disregarded to the extent that it falls to be apportioned in respect of the period in the academic year beginning on the day on which a student loan would cease to be apportioned in accordance with regulation 136(2)(a) or (b), if such a loan was taken into account in respect of that student in that academic year.]

(4) A student’s grant income except any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1995 or otherwise, or intended for an older student under Part IV of that Schedule, shall be apportioned—

(a) subject to paragraph (6), 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.

(5) Any amount intended for the maintenance of dependants or for an older student under the provisions referred to in paragraph (4) shall be apportioned equally over a period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53.

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

Textual Amendments

F1 Words in reg. 131(1) substituted (26.6.2000) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2000 (S.I. 2000/1444), regs. 1, 3(a)

F2 Words in reg. 131(2)(f) omitted (7.10.1996) by virtue of The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F3 Words in reg. 131(2)(f) omitted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by virtue of The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(a)

F4 Reg. 131(3) substituted (with effect in accordance with reg. 1(1)(b) of the amending S.I.) by The Social Security Amendment (Students) Regulations 1999 (S.I. 1999/1935), regs. 1(1)(b), 2(3)(b)

F5 Reg. 131(3A) inserted (26.6.2000) by The Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2000 (S.I. 2000/1444), regs. 1, 3(b)