The Education (Student Support) Regulations 2006

Prospective

Amount of assistance E+W

88.—(1) The basic grant varies according to the intensity of study.

(2) The intensity of study is calculated as follows and expressed as a percentage—

where

• FT is the number of academic years ordinarily required to complete a course which is the full-time equivalent of the designated part-time course

• PT is the number of academic years ordinarily required to complete the designated part-time course.

(3) The “basic grant” is—

(a) £750 where the intensity of study is less than 60 per cent. (“level 1”);

(b) £900 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(c) £1,125 where the intensity of study is 75 per cent. or more (“level 3”).

(4) Subject to paragraph (5) and regulation 95(6), the amount of assistance payable in respect of an academic year is as follows—

(a) the maximum amount of assistance available under regulation 87(1) is payable if at the date of his application the eligible part-time student or his partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits Act 1992(1) to income support, housing benefit or council tax benefit; or

(ii) under Part 1 of the Jobseekers Act 1995(2) to income–based jobseekers allowance or under section 2 of the Employment and Training Act 1973(3) to new deal allowance;

(b) where the relevant income is less than £15,345, the maximum amount of assistance available under regulation 87(1) is payable;

(c) where the relevant income is £15,345, the maximum amount of assistance available under regulation 87(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 87(1)(a);

(d) where the relevant income exceeds £15,345 but is less than £23,145, the maximum amount of assistance available under regulation 87(1)(b) is payable and the amount of assistance payable under regulation 87(1)(a) is the amount determined in accordance with paragraph (5);

(e) where the relevant income is £23,145, the maximum amount of assistance available under regulation 87(1)(b) is payable and the amount of assistance payable under regulation 87(1)(a) is £50;

(f) where the relevant income exceeds £23,145 but is less than £23,745, the maximum amount of assistance available under regulation 87(1)(b) is payable and no assistance is payable under regulation 87(1)(a);

(g) where the relevant income is £23,745 or more but less than £25,645, no assistance is available under regulation 87(1)(a) and the amount of assistance payable under regulation 87(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 87(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £23,745;

(h) where the relevant income is £25,645, no assistance is payable under regulation 87(1)(a) and the amount of assistance payable under regulation 87(1)(b) is £50;

(i) where the relevant income exceeds £25,645, no assistance is payable under regulation 87(1).

(5) Where paragraph (4)(d) applies, the amount of assistance payable under regulation 87(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 87(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £12, £9.75 or £7.61 by which the relevant income exceeds £15,345 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b) where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 87(1)(a) is payable).

Commencement Information

I1 Reg. 88 in force at 1.3.2006, see reg. 1(1)

(1)

1992 c. 4; Part VII was amended by the Housing Act 1991 (c. 52), Schedule 19; the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14; the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3; the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8; the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3 and the Civil Partnership Act 2004 (c. 33), Schedule 24.

(2)

1995 c. 18; Part I was amended by the Employment Rights Act 1996 (c. 18), Schedule 1; the Social Security Act 1998 (c. 14), Schedules 7 and 8; the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 7, 8 and 1; the State Pension Credit Act 2002 (c. 16), Schedule 2; the National Insurance Contributions Act 2002 (c. 19), Schedule 1; the Income Tax (Earnings and Pensions) Act 2003 (c. 18), Schedule 6 and the Civil Partnership Act 2004 (c. 33), Schedule 24.

(3)

1973 c. 50; section 2 as substituted by the Employment Act 1988 (c. 19) was amended by the Employment Act 1989 (c. 38), Schedule 7. Subsections (3A) and (3B) were inserted by the Trade Union Reform and Employment Rights Act 1993 (c. 19), section 47 in relation to Scotland only.