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The Education (Student Support) Regulations 2008

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Split contributions – eligible students who are not independent

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11.—(1) This paragraph does not apply in respect of a 2008 cohort student and any references in this paragraph to a child or an eligible student do not include a 2008 cohort student.

(2) This paragraph applies where a contribution is payable in relation to an eligible student who is not an independent eligible student.

(3) Sub-paragraphs (4) to (8) apply where the children who are eligible students are either all old system students or are all current system students.

(4) For any year in which a statutory award other than an award referred to in sub-paragraph (5) is held by—

(a)more than one child of the eligible student’s parents;

(b)the eligible student’s parent; or

(c)the eligible student’s parent’s partner,

the contribution payable in respect of the eligible student is such proportion of any contribution calculated under paragraph 8 or 9 as the Secretary of State after consultation with any other authority involved considers just taking into account the application of paragraph 7 of this Schedule to new eligible students and existing students respectively.

(5) Subject to the following sub-paragraphs, for any year in which an award payable under these Regulations, the Education (Mandatory Awards) Regulations 2003(1) or section 63 of the Health Services and Public Health Act 1968 (2) (and no other statutory award) is held by more than one child of the eligible student’s parents, the contribution payable in respect of the eligible student is an amount equal to the contribution calculated under paragraph 8 or 9 divided by the number of children who hold a relevant statutory award.

(6) If, as a result of the apportionment under sub-paragraph (5), the contribution would not be extinguished by applying it in respect of the eligible student’s statutory award, the remainder of the contribution is instead applied—

(i)first in relation to the smallest statutory award (or each such statutory award) to which the contribution may apply; and

(ii)then, in increasing order of size, in relation to each remaining statutory award to which the contribution may apply, until the balance of the contribution can be apportioned equally without any part of it remaining or until there remains no part of any statutory award to which the contribution has not been applied.

(7) Where—

(a)the eligible student’s parent whose income is assessed under this Schedule has a partner;

(b)a contribution taking into account the residual income of that parent is payable in relation to more than one eligible student who is the child of either that parent or his partner; and

(c)the amount payable in relation to each eligible student is not the same in every case,

the contribution in respect of each eligible student is calculated under sub-paragraph (8).

(8) Where sub-paragraph (7) applies, the contribution in respect of an eligible student is an amount equal to the contribution calculated under paragraph 8 or 9 divided by the number of eligible students referred to in paragraph (b) of sub-paragraph (7) in relation to whom a contribution is payable and where the contribution is not extinguished by applying it in respect of the eligible student’s statutory award, the remainder of the contribution is applied in the same way as in sub-paragraph (6) to the relevant statutory award of the eligible students in his relevant household.

(9) Where—

(a)a contribution taking into account the residual income of the parent of an eligible student is payable in relation to more than one eligible student who is the child of that parent or of the parent’s partner; and

(b)the amount payable in relation to each eligible student is not the same in every case because some of the eligible students are old system students and some are current system students,

the contribution in respect of an eligible student is calculated under sub-paragraph (10).

(10) Where sub-paragraph (9) applies, the contribution in respect of an eligible student is an amount equal to the contribution calculated under paragraph 8 or 9 divided by the number of eligible students referred to in paragraph (a) of sub-paragraph (9) in relation to whom a contribution is payable and where the contribution is not extinguished by applying it in respect of the eligible student’s statutory award, the remainder of the contribution is applied in the same way as in sub-paragraph (6) to the relevant statutory awards of the other old system students where the eligible student is an old system student and to the relevant statutory awards of the other current system students where the eligible student is a current system student.

(11) Where a contribution taking into account the residual income of the eligible student’s parent is payable in respect of more than one child of that parent or that parent’s partner, if any, and the residual income of any such eligible student is greater than nil, the contribution in relation to each eligible student is calculated in accordance with the following sub-paragraphs—

(a)the contribution in respect of the eligible student is calculated without reference to paragraph 4 but otherwise in accordance with this Schedule and is apportioned between each eligible student in accordance with this paragraph;

(b)there is then applied in addition in respect of the eligible student a further contribution of £1 for every complete £9.50 by which the sum calculated in respect of the student under paragraph (c) of this sub-paragraph exceeds £23,660 where the student is an old system student or exceeds £39,780 where the student is a current system student;

(c)the sum referred to in paragraph (b) of this sub-paragraph is the aggregate of any amounts calculated under paragraphs 4, 5 and 7 (where appropriate) of this Schedule with the deduction of the amount (if any) by which the aggregate of the amounts calculated under paragraphs 5 and 7 exceeds £23,660 where the student is an old system student or exceeds £39,780 where the student is a current system student.

(12) Subject to sub-paragraph (13), there is added to a parent student’s residual income for the purpose of calculating the contribution to his statutory award any sum remaining—

(a)where the parent student is the parent of only one eligible student and the contribution payable in respect of that eligible student is greater than the statutory award in respect of that eligible student, the difference between that contribution and that statutory award; or

(b)where a parent student is the parent of more than one eligible student, any sum remaining after the apportionment of the contribution to his children under this paragraph.

(13) Where a parent student has a partner within paragraph 1(j) of this Schedule, the sums added to his residual income under sub-paragraph (12) of this paragraph are calculated as though the contribution in respect of his children had been assessed taking into account the income of the parent’s partner under paragraph 7, whether or not the contribution was actually calculated on that basis.

(14) In this paragraph, “relevant household” means all those eligible students in respect of whom a contribution is calculated with reference to the same income under both paragraphs 5 and 7.

(2)

1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, the Local Government Reorganisation (Wales) (Consequential Amendments No. 2) Order 1996 (S.I. 1996/1008), the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 1) Order 2002 (S.I. 2002/2202), article 4, the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002 (S.I. 2002/2469), Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 (S.I. 2004/288), article 7, the Children Act 2204 (c. 31), section 55 and the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order 2004 (S.I. 2004/957), the Schedule; the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1 and the References to Health Authorities Order 2007 (S.I. 2007/961), the Schedule.

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