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The Education (Student Support) (Wales) Regulations 2018

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulations 48, 65(3), 66(2)(a) and 70(3)

SCHEDULE 3Calculation of income

PART 1Introduction

Overview of Schedule

1.—(1) This Schedule is arranged as follows.

(2) Part 2 makes provision about the calculation of an eligible student’s household income for the purposes of determining the amount of—

(a)maintenance grant (see regulations 46 and 47),

(b)grant for travel (see regulations 65 and 66), or

(c)grants for dependants (see Part 11),

payable to the student.

(3) Part 3 sets out the meaning of “taxable income”, which is required in order to calculate a person’s residual income.

(4) Part 4 makes provision about the calculation of residual income where—

(a)Chapter 1 sets out how to calculate the residual income of an eligible student for the purposes of calculating the student’s household income, and

(b)Chapter 2 sets out how to calculate the residual income of the following other persons—

(i)an eligible student’s parent, eligible student’s partner or eligible student’s parent’s partner for the purposes of calculating the student’s household income;

(ii)an eligible student’s dependent adult for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

(5) Part 5 makes provision about the calculation of the net income of—

(a)an eligible student’s adult dependant, for the purposes of determining whether an eligible student qualifies for an adult dependants grant (see regulation 71);

(b)an eligible student’s dependent children, for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

(6) Part 6 defines certain terms used in this Schedule.

PART 2Household income

Household income of eligible student

2.  This Part makes provision about the calculation of an eligible student’s household income.

Calculation of household income

3.—(1) An eligible student’s household income is calculated by applying the following steps—

Step 1

If the student is not an independent eligible student (see paragraph 4), aggregate the total residual income of the persons listed in List A.

If the student is an independent eligible student, aggregate the total residual income of the persons listed in List B.

  • List A

  • The persons are—

(a)the eligible student, plus

(b)either—

(i)each of the eligible student’s parents (subject to paragraph 5), or

(ii)where the student’s parents have separated, the parent selected under paragraph 6(3) and that parent’s partner (if that parent has one), (subject to paragraph 7).

List B

The persons are—

(a)the independent eligible student, plus

(b)the student’s partner (if the student has one), (subject to paragraphs 7 and 8).

Step 2

Calculate the applicable amount of dependent child deduction (see sub-paragraphs (2) to (4)) and deduct that from the aggregated total calculated under Step 1.

The result is the eligible student’s household income.

(2) A dependent child deduction is a deduction made in respect of each child wholly or mainly financially dependent on—

(a)the eligible student,

(b)the eligible student’s partner,

(c)the eligible student’s parent, or

(d)the partner of the eligible student’s parent,

where the income of that person is taken into account for the purposes of calculating household income.

(3) But no deduction is to be made in respect of a child of—

(a)the eligible student’s parent, or

(b)the partner of the eligible student’s parent,

if the child is the eligible student.

(4) In Table 15, Column 2 sets out the amount of dependent child deduction in respect of the academic year set out in the corresponding entry in Column 1.

Table 15

Column 1

Academic year

Column 2

Amount of dependent child deduction

Beginning on or after 1 September 2018£1,130

Independent eligible students

4.—(1) An eligible student is an independent eligible student if one of the following cases applies—

Case 1

The student is aged 25 or over on the first day of the current academic year.

Case 2

The student is married or is in a civil partnership before the beginning of the first day of the current academic year, whether or not the marriage or civil partnership continues to subsist after that date.

Case 3

The student has no parent living.

Case 4

The Welsh Ministers are satisfied that—

(a)neither of the student’s parents can be found, or

(b)it is not reasonably practicable to get in touch with either of the student’s parents.

Case 5

Either—

(a)the student has not communicated with either of the student’s parents for a period of one year or more ending on the day before the first day of the current academic year, or

(b)in the opinion of the Welsh Ministers, the student is irreconcilably estranged from the student’s parents on other grounds.

Case 6

The student’s parents reside outside the European Union and the Welsh Ministers are satisfied that—

(a)the assessment of the household income by reference to the parents’ income would place those parents in jeopardy, or

(b)it would not be reasonably practicable for the parents to send funds to the United Kingdom for the purposes of supporting the student.

Case 7

Where paragraph 6 (separation of parents) applies, the parent selected by the Welsh Ministers under sub-paragraph (3) of that paragraph has died, irrespective of whether that parent had a partner.

Case 8

On the first day of the current academic year, the student has the care of a person under the age of 18.

Case 9

The student has been supported by the student’s earnings for any period of three years (or periods which together aggregate at least three years) ending before the first day of the first academic year of the present course.

Case 10

Where a student is an independent eligible student by virtue of Case 9 in respect of one academic year, the student continues to be an independent eligible student for any subsequent academic year of the designated course.

Case 11

The student is a care leaver within the meaning given by regulation 49.

(2) For the purposes of Case 9, an eligible student is treated as being supported by the student’s earnings if during the period or periods referred to in Case 9 one of the following grounds applies—

Ground 1

The eligible student was participating in arrangements for training unemployed persons under a scheme operated, sponsored or funded by a public body.

Ground 2

The eligible student received a benefit payable by a public body in respect of a person who is available for employment but is unemployed.

Ground 3

The eligible student was available for employment and had complied with any registration requirement of a public body as a condition of entitlement for participation in arrangements for training or the receipt of benefits.

Ground 4

The eligible student held a state studentship or comparable award.

Ground 5

The eligible student received a pension, allowance or other benefit paid by reason of the student’s disability, injury or sickness or for a reason associated with childbirth.

Eligible student’s parent dies leaving a surviving parent

5.—(1) Where—

(a)the parent of an eligible student dies before the current academic year, and

(b)that parent’s income has been or would have been taken into account for the purpose of determining household income,

only the residual income of the surviving parent is aggregated for the purposes of Step 1 in paragraph 3(1).

(2) Where the parent dies during the current academic year, the residual income of the eligible student’s parents, for the purposes of Step 1 in paragraph 3(1), is the aggregate of—

(a)the residual income of both parents for the applicable financial year multiplied by X/52, and

(b)the residual income of the surviving parent for the applicable financial year multiplied by Y/52,

where—

X is the number of weeks in the current academic year during which both parents were alive, and

Y is the remaining number of weeks in the current academic year.

Separation of eligible student’s parents

6.—(1) Where the eligible student’s parents are separated for the duration of the current academic year, only the residual income of the parent selected under sub-paragraph (3) is aggregated for the purposes of Step 1 in paragraph 3(1).

(2) Where the student’s parents have separated during the current academic year the residual income of the eligible student’s parents, for the purposes of Step 1 in paragraph 3(1), is the aggregate of—

(a)the residual income of both parents for the applicable financial year multiplied by X/52, and

(b)the residual income of the parent selected under sub-paragraph (3) for the applicable financial year multiplied by Y/52,

where—

X is the number of weeks in the current academic year during which the parents were not separated, and

Y is the number of weeks in the current academic year during which the parents were separated.

(3) Where sub-paragraph (1) or (2) applies, the Welsh Ministers must select the parent whose residual income it is the most appropriate to take into account in the circumstances.

Separation of eligible student’s parent or independent eligible student from partner

7.—(1) Where—

(a)the parent of an eligible student, or

(b)an independent eligible student,

is separated from his or her partner for the duration of the current academic year, the income of the partner is not aggregated under Step 1 in paragraph 3(1).

(2) Where—

(a)the parent of the eligible student, or

(b)an independent eligible student,

has separated from his or her partner during the current academic year, the amount of the partner’s residual income to be aggregated under Step 1 is calculated by applying the formula in sub-paragraph (3).

(3) The formula to be applied is—

X×C/52

Where—

  • X is the residual income of—

    (a)

    the eligible student’s parent’s partner, where List A of Step 1 applies, or

    (b)

    the independent eligible student’s partner where List B of Step 1 applies,

    for the applicable financial year;

  • C is the number of complete weeks of the current academic year during which—

    (a)

    the eligible student’s parent and his or her partner, or

    (b)

    the independent eligible student and the student’s partner,

    were not separated.

(4) Where an eligible student has more than one partner in any one academic year, this paragraph and Step 1 of paragraph 3(1) apply in relation to each partner.

Independent eligible student or partner is a parent of an eligible student

8.  Where—

(a)an independent eligible student (I) or the partner of the independent eligible student (PI) is a parent of an eligible student (S), and

(b)a statutory award payable to S is calculated by reference to the residual income of I or PI, or both,

the residual income of PI is not aggregated under List B of Step 1 in paragraph 3(1) for the purposes of calculating the household income of I.

PART 3Taxable income

Taxable income

9.—(1) In this Schedule, a person’s taxable income means—

(a)the aggregate of—

(i)the total income on which the person is charged to income tax under Step 1 of section 23 of the Income Tax Act 2007(1), and

(ii)if not already a component of total income under sub-paragraph (i), payments and other benefits specified in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003(2) received by the person or treated as received by the person (but disregard section 401(2) of that Act for the purposes of this sub-paragraph), or

(b)where the income tax legislation of another member State applies to the person’s income, the person’s total income from all sources as determined for the purposes of the income tax legislation of that member State.

(2) For the purposes of sub-paragraph (1)(b), where the income tax legislation of more than one member State applies to the person in respect of the year under consideration, the person’s total income from all sources is the amount derived from the determination resulting in the greatest amount of total income, including any income which is required to be taken into account under paragraph 18.

(3) But a person’s taxable income does not include income paid to another person under a pension arrangements order.

PART 4Residual income

CHAPTER 1Residual income of an eligible student

Calculation of eligible student’s residual income

10.  — For the purposes of calculating an eligible student’s household income under Part 2, the student’s residual income is calculated as follows—

The eligible student’s taxable income in respect of the current academic year.

Plus

Income payable to the eligible student under a pension arrangements order during the current academic year, net of income tax.

Minus

The aggregate of the deductions set out in paragraph 11 (unless already deducted for the purposes of determining the student’s taxable income).

Deductions for the purpose of calculating residual income of an eligible student

11.  — For the purposes of calculating an eligible student’s residual income, the deductions are—

Deduction A

Remuneration paid to the eligible student in the current academic year for work done during any academic year of the course, but not remuneration in respect of any—

(a)period of leave taken by the student, or

(b)other period during which the student is relieved of a duty to attend work,

so that the student may undertake the course.

Deduction B

The gross amount of any premium or sum paid by the eligible student during the current academic year in relation to a pension in respect of which—

(a)relief is given under section 188 of the Finance Act 2004(3), or

(b)where the student’s income is computed for the purposes of the income tax legislation of another member State, relief would be given if that legislation made provision equivalent to the Income Tax Acts,

but not including any sum paid as a premium under a policy of life assurance.

Income of eligible student received in currency other than sterling

12.—(1) Where the eligible student receives income in a currency other than sterling, the value of the income is—

(a)the amount of sterling the eligible student receives for the income, or

(b)where the student does not convert the income into sterling, the value of the sterling which the income would purchase using the HMRC exchange rate.

(2) The HMRC exchange rate(4) is the rate published by HM Revenue and Customs for the month corresponding to the month in which the income is received.

CHAPTER 2Residual income of persons other than an eligible student

Persons to whom this chapter applies

13.  This Chapter makes provision for the calculation of a person’s (“P’s”) residual income where P means the following—

(a)where P’s income is aggregated under Step 1 in paragraph 3(1) for the purpose of calculating an eligible student’s household income—

(i)the parent of the eligible student,

(ii)the eligible student’s partner, or

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

as the case may be;

(b)the adult dependant of an eligible student for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Calculation of residual income of persons other than eligible student

14.  P’s residual income is calculated as follows—

P’s taxable income for the applicable financial year.

Plus

Income payable to P under a pension arrangements order during the applicable financial year, net of income tax.

Minus

The aggregate of the deductions set out in paragraph 15 (unless already deducted for the purposes of determining P’s taxable income).

Deductions for the purpose of calculating residual income of persons other than eligible student

15.—(1) For the purposes of calculating P’s residual income, the deductions are—

Deduction A

The gross amount of any premium or sum paid by P in respect of a pension during the applicable financial year, in relation to which—

(a)relief is given under section 188 of the Finance Act 2004, or

(b)where P’s income is computed for the purposes of the income tax legislation of another member State, relief would be given if that legislation made provision equivalent to the Income Tax Acts,

but not including any sum paid as a premium under a policy of life assurance.

Deduction B

Where paragraph 18 applies, a sum equivalent to Deduction A provided that this sum does not exceed the deductions which would be made if the whole of P’s income were in fact income for the purposes of the Income Tax Acts.

Deduction C

£1,130, where P—

(a)is an eligible student in respect of the current academic year but is also the parent of an eligible student, or

(b)holds a statutory award in respect of the same period.

Applicable financial years: calculating residual income of persons other than eligible student

16.—(1) This paragraph specifies the applicable financial year for the purposes of calculating P’s residual income.

(2) Unless sub-paragraph (3) or (5) applies, the applicable financial year is PY-1.

(3) Where the Welsh Ministers are satisfied that P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY-1, the applicable financial year is CY.

(4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

(5) Where this paragraph applies, the applicable financial year is to be determined as follows—

(a)if the Welsh Ministers are satisfied that P’s residual income for CY is likely to be at least 15% lower than P’s residual income for PY, the applicable financial year is CY;

(b)otherwise, the applicable financial year is PY.

Income from business or profession

17.—(1) Sub-paragraph (2) applies where—

(a)the applicable financial year for the purposes of calculating P’s residual income is PY-1, and

(b)the Welsh Ministers are satisfied that P’s income is wholly or mainly derived from the profits of a business or profession carried on by P.

(2) Where this paragraph applies, P’s residual income is P’s income for the earliest period of twelve months ending in PY-1 in respect of which accounts are kept relating to P’s business or profession.

Treatment of income not treated as income for income tax purposes

18.—(1) Sub-paragraph (3) applies where P is in receipt of any income which, for any of the reasons set out in sub-paragraph (2), does not form part of P’s income for the purposes of the Income Tax Acts or the income tax legislation of another member State.

(2) The reasons are—

Reason 1

(a)P is not resident or domiciled in the United Kingdom, or

(b)P’s income is computed for the purposes of the income tax legislation of another member State and P is not resident or domiciled in that member State.

Reason 2

(a)P’s income does not arise in the United Kingdom, or

(b)P’s income does not arise in the member State in which P’s income is computed for the purposes of that State’s income tax legislation.

Reason 3

The income arises from an office, service or employment, income from which is exempt from tax.

(3) P’s taxable income is to be taken to include the income described in sub-paragraph (1) as if it were part of P’s income for the purposes of the Income Tax Acts or the income tax legislation of another member State, as the case may be.

P’s income in currency other than sterling

19.—(1) Where P’s income is computed for the purposes of the income tax legislation of another member State, P’s residual income is to be calculated in accordance with this Part in the currency of that member State and is to be taken to be the sterling value of that income determined in accordance with the relevant HMRC rate.

(2) The relevant HMRC rate is the exchange average rate issued by HM Revenue and Customs for the calendar year ending immediately before the end of PY-1.

PART 5Net income of dependants

Net income of dependants

20.  This Part makes provision about the calculation of the net income of the following dependants—

(a)an eligible student’s adult dependant, for the purposes of determining whether an eligible student qualifies for adult dependants grant (see regulation 71);

(b)an eligible student’s dependent children, for the purposes of calculating the amount of grant for dependants payable to the student (see regulation 77).

Net income

21.—(1) The net income of a dependant is the dependant’s income from all sources for the relevant year reduced by the amount of income tax and social security contributions payable in respect of that year but disregarding—

(a)any pension, allowance or other benefit paid by reason of a dependant’s disability or incapacity;

(b)child benefit payable under Part 9 of the Social Security Contributions and Benefits Act 1992(5);

(c)any financial support payable to the dependant by a local authority in accordance with regulations made under sections 2, 3 and 4 of the Adoption and Children Act 2002(6);

(d)any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits Act 1992(7);

(e)in the case of a dependant with whom a child being looked after by a local authority is boarded out, any payment made to that dependant in pursuance of section 23 of the Children Act 1989(8) or section 81 of the Social Services and Well-being (Wales) Act 2014(9);

(f)any payment made to the dependant under section 110(6) of the Social Services and Well-being (Wales) Act 2014 or section 23C(5A) of the Children Act 1989(10);

(g)any payments made to the dependant under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the dependant’s child or any assistance given by a local authority pursuant to—

(i)section 24 of that Act(11), or

(ii)section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act;

(h)any child tax credit to which the dependant is entitled under Part 1 of the Tax Credits Act 2002(12);

(i)in the case of a dependant who is entitled to an award of universal credit under Part 1 of the Welfare Reform Act 2012(13)—

(i)any amount that is included in the calculation of the award under regulation 27(1) of the Universal Credit Regulations 2013(14), in respect of the fact that the dependant has limited capability for work and work-related activity;

(ii)any amount or additional amount that is included in the calculation of the award under regulation 24 of those Regulations(15) (the child element).

(2) For the purposes of this paragraph, payments made to the eligible student towards a dependent child’s maintenance are treated as the dependent child’s income.

(3) In this paragraph, “relevant year” means—

(a)in respect of an eligible student’s adult dependant, the current academic year;

(b)in respect of an eligible student’s dependent child, the applicable financial year determined under paragraph 22.

Applicable financial years: calculating net income of an eligible student’s dependent children

22.—(1) This paragraph specifies the applicable financial year for the purposes of calculating the net income of an eligible student’s dependent child (“C”).

(2) Unless paragraph (3) or (5) applies, the applicable financial year is PY-1.

(3) Where the Welsh Ministers are satisfied that C’s net income for CY is likely to be at least 15% lower than C’s net income for PY-1, the applicable financial year is CY.

(4) Sub-paragraph (5) applies where the applicable financial year for the previous academic year was the financial year beginning immediately before the first day of the previous academic year.

(5) Where this paragraph applies, the applicable financial year is to be determined as follows—

(a)if the Welsh Ministers are satisfied that C’s net income for CY is likely to be at least 15% lower than C’s net income for PY, the applicable financial year is CY;

(b)otherwise, the applicable financial year is PY.

PART 6Interpretation

Interpretation

23.—(1) In this Schedule, any reference to a person’s (“A’s”) partner means–

(a)A’s spouse or civil partner; or

(b)a person ordinarily living with A as if the person were A’s spouse or civil partner.

(2) In this Schedule—

“applicable financial year” (“blwyddyn academaidd gymwys”) means the financial year determined in accordance with paragraph 16 or 22;

“current academic year” (“blwyddyn academaidd gyfredol”) means the academic year of the present course in respect of which the eligible student is applying for support;

“CY” (“BG”) means the financial year beginning immediately before the first day of the current academic year;

“financial year” (“blwyddyn ariannol”) means the period of twelve months in respect of which the income of a person is computed for the purposes of the income tax legislation which applies to it;

“PY” (“BF”) means the financial year immediately preceding CY;

“PY-1” (“BF-1”) means the financial year immediately preceding PY;

“pension arrangements order” (“gorchymyn trefniadau pensiwn”) means an order under which a person pays benefits under a pension arrangement to another person under—

(a)

section 23 of the Matrimonial Causes Act 1973(16) which includes provision made by virtue of section 25B(4) (and including such an order as it may have effect by virtue of section 25E(3) of that Act)(17), or

(b)

Part 1 of Schedule 5 to the Civil Partnership Act 2004(18) which includes provision made by virtue of Part 6 of that Schedule (and including such an order as it may have effect by virtue of Part 7 of that Schedule);

“public body” (“corff cyhoeddus”) means a state authority or agency whether national, regional or local.

(1)

2007 c. 3; section 23 was amended by the Finance Act 2009 (c. 10), Schedule 1, paragraph 6(o)(i), the Finance Act 2013 (c. 29), Schedule 3, paragraph 2(2) and the Finance Act 2014 (c. 26), Schedule 17, paragraph 19.

(2)

2003 c.1; section 401 was amended by S.I. 2005/3229, S.I. 2011/1037 and S.I. 2014/211.

(3)

2004 c.12; section 188 was amended by the Finance Act 2007 (c. 11), sections 68 and 114 and Schedules 18, 19 and 27, the Finance Act 2013 (c. 29), section 52 and the Finance Act 2014 (c. 26), Schedule 7.

(4)

See https://www.gov.uk/government/collections/exchange-rates-for-customs-and-vat.

(6)

2002 c. 38. Section 2 was amended by S.I. 2016/413 (W. 131). Section 4 was amended by S.I. 2010/1158; the Health and Social Care Act 2012 (c. 7), Schedule 5, paragraphs 104 and 105; and by S.I. 2013/160.

(7)

Section 77 was amended by the Child Benefit Act 2005, section 1(3), Schedule 1, Part 1, paragraphs 1 and 4, the Tax Credits Act 2002, Schedule 6, the Civil Partnership Act 2004, section 254(1), Schedule 24, Part 3, paragraph 34.

(8)

1989 c.41. Section 23 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 12, the Care Standards Act 2000 (c. 14), Schedule 4, paragraph 14, the Children Act 2004 (c. 31), section 49(3), the Children and Young Persons Act 2008 (c. 23), sections 8 and 39 and Schedule 3, paragraphs 1 and 7 and the Children and Families Act 2014 (c. 6), Schedule 2 paragraph 30.

(9)

2014 anaw 4.

(10)

Subsections (5A) to (5C) of section 23C of the Children Act 1989 were inserted, in relation to England, by section 21 of the Children and Young Persons Act 2008 and S.I. 2009/268 and S.I. 2009/2273 refer. Subsections (5A) to (5C) were inserted into section 23C in relation to Wales and S.I. 2010/1329 (W. 112) (C.81) and S.I. 2011/824 (W. 123) (C. 32) refer.

(11)

Section 24 was amended by the Children (Leaving Care) Act 2000 (c. 35), section 4(1), the Adoption and Children Act 2002 (c. 38), section 139 and Schedule 3, paragraph 60, S.I. 2007/961 (W.85), paragraph 20(2)(b), S.I. 2010/1158, Schedule 2, paragraph 2, the Health and Social Care Act 2012 (c. 7), section 55 and Schedule 5, paragraph 49 and S.I. 2016/413 (W.131), regulation 81.

(13)

2012 c.5.

(14)

S.I. 2013/376. Regulation 27 was amended by S.I. 2017/204, regulation 4.

(15)

Regulation 24 of S.I. 2013/376, as amended by S.I. 2014/2088 and the Welfare Reform and Work Act 2016 (c.7), section 14, makes further provision about the child element of an award.

(16)

1973 c.18, section 23 was amended by the Administration of Justice Act 1982 (c. 53), section 16.

(17)

Section 25B was inserted by the Pensions Act 1995 (c. 26), section 166(1) and was amended by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 4. Section 25E was inserted by the Pensions Act 2004 (c. 35), section 319(1), Schedule 12, paragraph 3 and amended by the Pensions Act 2008 (c. 30), Schedule 6, paragraphs 1 and 6 and Schedule 11, Part 4.

(18)

2004 c.33; paragraph 25 of Schedule 5 was modified by S.I. 2006/1934 and paragraph 30 of Schedule 5 was amended by the Pensions Act 2008 (c.30), Schedules 6 and 11.

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