The Education (Student Support) (No. 2) Regulations 2002

Grants for dependants

15.—(1) Subject to the following paragraphs an eligible student shall in respect of each academic year be eligible for a £2,280 grant for living costs for only one of the following ... ... ... ... —

(a) a spouse, or

(b) an adult dependant whose net income does not exceed £3,280.

(2) The ... ... ... ... amount of grant under paragraph (1) shall be reduced or extinguished by the difference between—

(a) the aggregate of the net income of each of the eligible student’s dependants ... ... ... ...; and

(b) where the eligible student—

(i) has no dependent child, £1,000;

(ii) is not a lone parent and has one dependent child, £3,000;

(iii) is not a lone parent and has more than one dependent child, £4,000;

(iv) is a lone parent and has one dependent child, £4,000; or

(v) is a lone parent and has more than one dependent child, £5,000

provided the aggregate amount calculated under sub-paragraph (a) is greater than the amount applicable under sub-paragraph (b).

(3) If the eligible student’s spouse is also an eligible student or holds a statutory award and if in calculating the amount of support for which the spouse is eligible or payment to which he is entitled under the award account is taken of his dependants, the aggregate amount of grant calculated under paragraphs (1) and (2) shall be reduced by one half.

(4) Where the eligible student maintains a dependant who is ordinarily resident outside the United Kingdom the grant under this regulation shall be such amount, if any, not exceeding the aggregate amount of grant calculated under paragraphs (1) to (3) as the Secretary of State considers reasonable in all the circumstances.

(5) Where the eligible student is a lone parent and he has elected to be ineligible for grant under regulation 16, he shall in addition to any grant referred to in the preceding paragraphs be eligible for a grant of £1,125 if—

(a) his course began before 1st September 2001;

(b) his course is an end-on course in relation to a course which began before 1st September 2001; or

(c) his course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (b).

(6) For the purposes of paragraph (5) an eligible student may make one election to be ineligible for grant under regulation 16 at any time before or during the academic year and he may revoke such election at any time during the academic year and for the purposes of this regulation and regulation 16, where an eligible student has revoked such election, he shall be treated as a person who has not elected to be ineligible for grant under regulation 16.

(7) Subject to regulation 16(3), (4), (5), (6) and (7), where the eligible student—

(a) is eligible for a grant under paragraph (1), ... ... ... ... has not elected to be ineligible for grant under regulation 16 in accordance with paragraph (6) and has one or more dependent children, he shall in addition to any grant referred to in the preceding paragraphs be eligible for a grant of £1,300 ... ... ... ...;

(b) is not eligible for a grant under paragraph (1) or under regulation 16, has not elected to be ineligible for grant under regulation 16 in accordance with paragraph (6) and has one or more dependent children, he shall be eligible for a grant of £1,300 less the amount up to a maximum of £1,250 by which the aggregate of the net income of each of the eligible student’s dependants exceeds the amount applicable in regulation 15(2)(b) provided such excess amount is less than £1,300.

(8) Where the number of an eligible student’s dependants changes or the eligible student becomes or ceases to be a lone parent during an academic year the Secretary of State shall determine who the student’s dependants are and whether or not the student is a lone parent for each of the three quarters of the academic year in respect of which support is payable under regulation 25(2) by reference to the student’s circumstances during the relevant quarter.

(9) Where the Secretary of State has determined who the student’s dependents are and whether or not the student is a lone parent for a quarter under paragraph (8) the grant for dependants for the quarter shall be one third of the amount of grant for those dependents for an academic year and the amount of grant for the academic year shall be the aggregate of the three amounts so determined.

(10) Where an eligible student is eligible for a grant for living costs in respect of an academic year under regulation 12(4)(a) he shall only be eligible for a grant under this regulation in respect of such of the three quarters of the year in respect of which support is payable under regulation 25(2) as begin after the events referred to in regulation 12(4)(a), and subject to paragraphs (8) and (9) the grant for each such quarter shall be one third of the amount for an academic year and the amount for the academic year shall be the aggregate of the amounts payable in respect of each such quarter.

(11) In this regulation and in regulation 16—

• “adult dependant” means, in relation to an eligible student, an adult person dependent on the student not being his child, his spouse (whether ordinarily living with him or not) or a person living with him as his spouse or his former spouse;

• “child” in relation to an eligible student includes—

  (a)

  a step child and any child for whom he has parental responsibility and who is dependent on him; and

  (b)

  where paragraph 3(1)(a) of Part II of Schedule 3 applies any child of his partner who is dependent on him where he is on a course which began on or after 1st September 2000 unless—

  (i)

  his course is an end-on course in relation to a course which began before 1st September 2000, or

  (ii)

  his course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (b)(i).

• “dependant” means, in relation to an eligible student, his spouse, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

• “dependent” means wholly or mainly financially dependent;

• “partner” means a woman ordinarily living with a male student as his wife or a man ordinarily living with a female student as her husband;

• “spouse” in relation to an eligible student to whom paragraph 3(1)(a) of Part II of Schedule 3 applies—

  (a)

  includes a partner of the student where he is on a course which began on or after 1st September 2000 unless—

  (i)

  his course is an end-on course in relation to a course which began before 1st September 2000, or

  (ii)

  his course is an end-on course in relation to such an end-on course as is mentioned in sub-paragraph (a)(i); and

  (b)

  excludes a spouse of the student where they have ceased ordinarily to live together, in the case of a married student whether or not an order for their separation has been made by any court, or where the spouse is ordinarily living outside the United Kingdom and is not maintained by ... ... ... ... the student.

(12) For the purposes of this regulation a dependant’s net income shall be his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it, but disregarding:

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependent is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992(1);

(c) any allowance payable to his spouse by an adoption agency in accordance with regulations made under section 57A of the Adoption Act 1976(2);

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

(e) in the case of a spouse with whom a child in the care of a local authority is boarded out, any payment made to him in pursuance of section 23 of the Children Act 1989(3);

(f) any payments made to his spouse in pursuance of an order made under section 34 of the Children Act 1975(4) or under section 15 of and Schedule 1 to the Children Act 1989 in respect of a person who is not the spouse’s child or any assistance given by a local authority pursuant to section 24 of that Act; and

(g) any child tax credit to which he is entitled under Part I of the Tax Credits Act 2002.

(13) Where an eligible student or his spouse makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course the spouse’s net income shall be reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Secretary of State the obligation had been reasonably incurred; or

(b) such lesser amount if any as the Secretary of State considers appropriate, if in his opinion a lesser obligation could reasonably have been incurred.

(1)

1992 c. 4.

(2)

1976 c. 36; section 57A was introduced by paragraph 25 of Schedule 10 to the Children Act 1989 (c. 41) The relevant instruments are S.I. 1991/230 and 2742.

(3)

1989 c. 41.

(4)

1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22); the Act was repealed by the Children Act 1989 (c. 41), section 108(7) and Schedule 15.