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The Education (Student Support) Regulations 2009

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Amount of assistance

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138.—(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

  • PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;

  • FT is—

    (a)

    where the course is provided by or on behalf of the Open University, 120;

    (b)

    where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.

(3) For the purposes of paragraph (2) —

(a)“full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 135; and

(b)the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 135.

(4) The “basic grant” is—

(a)£820 where the intensity of study is less than 60 per cent (“level 1”);

(b)£985 where the intensity of study is 60 per cent or more but less than 75 per cent (“level 2”);

(c)£1,230 where the intensity of study is 75 per cent or more (“level 3”).

(5) Subject to paragraph (6) and regulation 145(6), the amount of assistance payable in respect of an academic year is determined as follows—

(a)if at the date of the application the eligible part-time student or the student’s partner is entitled—

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

(ii)under Part 1 of the Jobseekers Act 1995 to income–based jobseeker’s allowance or under section 2 of the Employment and Training Act 1973 to an allowance under the arrangements known as the New Deal; or

(iii)under Part 1 of the Welfare Reform Act 2007 to an income-related employment and support allowance;

the maximum amount of assistance available under regulation 137(1) is payable;

(b)where the relevant income is less than £16,845, the maximum amount of assistance available under regulation 137(1) is payable;

(c)where the relevant income is £16,845, the maximum amount of assistance available under regulation 137(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 137(1)(a);

(d)where the relevant income exceeds £16,845 but is less than £25,420, the maximum amount of assistance available under regulation 137(1)(b) is payable and the amount of assistance payable under regulation 137(1)(a) is the amount determined in accordance with paragraph (6);

(e)where the relevant income is £25,420, the maximum amount of assistance available under regulation 137(1)(b) is payable and the amount of assistance payable under regulation 137(1)(a) is £50;

(f)where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of assistance available under regulation 137(1)(b) is payable and no assistance is payable under regulation 137(1)(a);

(g)where the relevant income is £26,030 or more but less than £28,065, the amount of assistance payable under regulation 137(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 137(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no assistance is payable under regulation 137(1)(a);

(h)where the relevant income is £28,065, the amount of assistance payable under regulation 137(1)(b) is £50, and no assistance is payable under regulation 137(1)(a);

(i)where the relevant income exceeds £28,065, no assistance is payable under regulation 137(1).

(6) Where paragraph (5)(d) applies, the amount of assistance payable under regulation 137(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 137(1)(a) one of the following amounts—

(a)£50 plus a further £1 for each complete £11.91, £9.69 or £7.59 by which the relevant income exceeds £16,845 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 137(1)(a) is payable).

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