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The Education (Student Support) (Wales) Regulations 2015

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Amount of support

74.—(1) Subject to paragraph (2) and regulation 80(6), the amount of support payable under regulation 73 in respect of an academic year is as follows—

(a)if at the date of the eligible distance learner student’s application the eligible distance learning student or the eligible distance learning student’s partner is entitled—

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

(ii)under Part 1 of the Jobseekers Act 1995(2) to income–based jobseeker’s allowance;

(iii)under Part 1 of the Welfare Reform Act 2007(3) to an income-related employment and support allowance;

(iv)to universal credit; or

(v)to a reduction under a council tax reduction scheme;

the maximum amount of support available under regulation 73(1) is payable;

(b)where the relevant income is less than £16,865, the maximum amount of support available under regulation 73(1) is payable;

(c)where the relevant income is £16,865, the maximum amount of support available under regulation 73(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 73(1)(a);

(d)where the relevant income exceeds £16,865 but is less than £25,435, the maximum amount of support available under regulation 73(1)(b) is payable and the amount of support payable under regulation 73(1)(a) is the amount determined in accordance with paragraph (2);

(e)where the relevant income is £25,435, the maximum amount of support available under regulation 73(1)(b) is payable and the amount of support payable under regulation 73(1)(a) is £50;

(f)where the relevant income exceeds £25,435 but is less than £26,095, the maximum amount of support available under regulation 73(1)(b) is payable and no support is payable under regulation 73(1)(a);

(g)where the relevant income is £26,095 or more but less than £28,180 no support is available under regulation 73(1)(a) and the amount of support payable under regulation 73(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 73(1)(b) £1 for every £1.886 by which the relevant income exceeds £26,095;

(h)where the relevant income is £28,180, no support is payable under regulation 73(1)(a) and the amount of support payable under regulation 73(1)(b) is £50;

(i)where the relevant income exceeds £28,180 no support is payable under regulation 73(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 73(1)(a) is determined by deducting from the maximum amount of support available under regulation 73(1)(a) one of the following amounts—

(a)£50 plus a further £1 for each complete £9.26 by which the relevant income exceeds £16,865; or

(b)where the actual fees are less than £1,025, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,025 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 73(1)(a) is payable).

(1)

1992 c. 4; Part VII was amended by the Local Government Finance Act 1992 (c. 14), Schedule 9 and Schedule 14; the Social Security (Incapacity for Work) Act 1994, Schedules 1 and 2; the Jobseekers Act 1995 (c. 18), Schedule 2 and Schedule 3; the Housing Act 1996 (c. 52), Schedule 19 Part 6; the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8; the Health and Social Care Act 2001 (c. 15), Schedule 6 Part 3; the State Pension Credit Act 2002 (c. 16), Schedule 2 and Schedule 3, the Tax Credits Act 2002 (c. 21), Schedule 6; S.I. 2002/1397; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6, paragraphs 169 and 179; the Civil Partnership Act 2004 (c. 33), Schedule 24 and Schedule 30; the Welfare Reform Act 2007 (c. 5), sections 30(2) and 31(1), Schedule 3, Schedule 5 and Schedule 8; the Welfare Reform Act 2009 (c. 24), section 3; the Welfare Reform Act 2012 (c.5), section 69 and Schedule 14(1); S.I. 2008/632; S.I. 2008/787; S.I. 2009/497; S.I. 2010/793; S.I. 2014/516 and S.I. 2014/560.

(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), Schedule 7; the Welfare Reform and Pensions Act 1999 (c. 30), Schedules 7 and 8; the National Insurance Contributions Act 2002 (c. 19), Schedule 1; S.I. 2006/343; the Welfare Reform Act 2007 (c. 5), Schedule 3; the Welfare Reform Act 2009 (c. 24), section 12; the Welfare Reform Act 2012 (c. 5), sections 44, 49 and 60 and Schedules 2, 7 and 14.

(3)

2007 c. 5, amended by the Welfare Reform Act 2012 (c. 5), sections 28, 51, 52, 53, 54, 57 and 60 and Schedules 3 and 14 and the Children and Families Act 2014 (c. 6), Schedule 7.

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