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The Education (Student Support) Regulations 2011

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 1 para. 11(1)(a)-(d) Sch. 1 para. 11(a)-(d) renumbered as Sch. 1 para. 11(1)(a)-(d) by S.I. 2019/139 reg. 7(3)(e)(i) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 14(1) Sch. 1 para. 14 renumbered as Sch. 1 para. 14(1) by S.I. 2023/74 reg. 37(2)(b)
  • Sch. 1 para. 4C(1) Sch.1 para. 4C renumbered as Sch. 1 para. 4C(1) by S.I. 2024/85 reg. 7(2)(b)
  • Sch. 1 para. 4E(1) Sch.1 para. 4E renumbered as Sch. 1 para. 4E(1) by S.I. 2024/85 reg. 7(2)(e)
  • Sch. 1 para. 9(4) inserted by S.I. 2019/139 reg. 7(3)(b)(ii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 11(2) inserted by S.I. 2019/139 reg. 7(3)(e)(iii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 4C inserted by S.I. 2020/46 reg. 2(3)(g) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • Sch. 1 para. 4D inserted by S.I. 2020/46 reg. 3(3)(j) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • Sch. 1 para. 14(2)-(4) inserted by S.I. 2023/74 reg. 37(2)(c)
  • Sch. 1 para. 4C(2)(3) inserted by S.I. 2024/85 reg. 7(2)(c)
  • Sch. 1 para. 4E(2)(3) inserted by S.I. 2024/85 reg. 7(2)(f)
  • Sch. 1 para. 9BB(1)(a)(ii) and word inserted by S.I. 2024/85 reg. 11(a)(iii)
  • Sch. 1 para. 9BB(3)(4) inserted by S.I. 2024/85 reg. 11(b)
  • Sch. 1 para. 9BB(1)(a)(i) words in Sch. 1 para. 9BB(1)(a) renumbered as Sch. 1 para. 9BB(1)(a)(i) by S.I. 2024/85 reg. 11(a)(ii)
  • Sch. 1 para. 11(1)(c) words inserted by S.I. 2019/139 reg. 7(3)(e)(ii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 11(1)(d) words inserted by S.I. 2019/139 reg. 7(3)(e)(ii) (This amendment not applied to legislation.gov.uk. Amending Regulations revoked immediately before IP completion day by S.I. 2020/1181, regs. 1(2). 2)
  • Sch. 1 para. 9BB(1)(a)(i) words omitted by S.I. 2024/85 reg. 8(2)(a)
  • Sch. 2 para. 12 inserted by S.I. 2023/74 reg. 41
  • Sch. 4 para. 5(3)-(5A) substituted for Sch. 4 para. 5(3)-(5) by S.I. 2020/46 reg. 10(3)(b)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • Sch. 6 para. 3(3) inserted by S.I. 2020/46 reg. 10(4)(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • Sch. 6 para. 5(2)-(4A) substituted for Sch. 6 para. 5(2)-(4) by S.I. 2020/46 reg. 10(4)(c)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 2(1ZA)(1ZB) inserted by S.I. 2023/74 reg. 42(3)
  • reg. 2(1ZA)(e)(ii) words substituted by S.I. 2023/521 reg. 5(2)(b)
  • reg. 2(14)(15) inserted by S.I. 2020/46 reg. 4(1)(a)(iv) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 2A inserted by S.I. 2023/74 reg. 13
  • reg. 2A(2)(ba) inserted by S.I. 2024/85 reg. 8(1)(a)
  • reg. 2A(3)(e) words inserted by S.I. 2024/85 reg. 7(1)
  • reg. 2A(3)(e) words substituted by S.I. 2024/85 reg. 4(2)
  • reg. 2A(3)(g) words inserted by S.I. 2024/85 reg. 7(1)
  • reg. 2A(3)(h) words inserted by S.I. 2023/74 reg. 33(3)(a)
  • reg. 2A(3)(i) words inserted by S.I. 2023/74 reg. 33(3)(b)
  • reg. 2A(4)(a)(b) and word substituted for words in reg. 2A(4) by S.I. 2024/85 reg. 8(1)(b)
  • reg. 2A(5)(d) and word inserted by S.I. 2023/74 reg. 43(a)
  • reg. 2A(6)(d) and word inserted by S.I. 2023/74 reg. 43(b)
  • reg. 2A(7)(a) words substituted by S.I. 2023/521 reg. 5(3)(a)
  • reg. 2A(7)(c) word substituted by S.I. 2023/521 reg. 5(3)(b)
  • reg. 2B inserted by S.I. 2023/74 reg. 44
  • reg. 2B(2) words inserted by S.I. 2024/85 reg. 63(b)
  • reg. 2B(2) words substituted by S.I. 2024/85 reg. 63(a)
  • reg. 4(12)(b)(i)-(iii) and words substituted for words in reg. 4(12)(b) by S.I. 2024/85 reg. 9(1)(a)
  • reg. 4(12C) inserted by S.I. 2020/46 reg. 3(3)(b) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 4(13)(b)(i)-(iii) and words substituted for words in reg. 4(13)(b) by S.I. 2024/85 reg. 9(1)(d)
  • reg. 4(13C)(a)(i)(cc) word substituted by S.I. 2023/74 reg. 49(4)(a)
  • reg. 4(13D)(a)(i)(cc) word substituted by S.I. 2023/74 reg. 49(5)(a)
  • reg. 4(13E) inserted by S.I. 2024/85 reg. 9(1)(h)
  • reg. 5(2ZZA) inserted by S.I. 2020/46 reg. 4(1)(b)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 12(1)(b)(iii)(aa) word substituted by S.I. 2020/46 reg. 18(2) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 13(1A) inserted by S.I. 2024/85 reg. 6(3)(a)
  • reg. 17(j) inserted by S.I. 2020/46 reg. 2(3)(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 17(k) inserted by S.I. 2020/46 reg. 3(3)(c) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 22(2A)(2B) inserted by S.I. 2023/74 reg. 39(1)(b)
  • reg. 38(7)(e)(ic) omitted by S.I. 2023/98 Sch. para. 42
  • reg. 38(8)-(8B) substituted for reg. 38(8) by S.I. 2023/74 reg. 17
  • reg. 41(8)-(8B) substituted for reg. 41(8) by S.I. 2023/74 reg. 18
  • reg. 45(11)(11A) substituted for reg. 45(11) by S.I. 2023/74 reg. 19
  • reg. 47(2A)(v)(vi) substituted for reg. 47(2A)(v) by S.I. 2020/46 reg. 6(2)(b)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2B)(v)(vi) substituted for reg. 47(2B)(v) by S.I. 2020/46 reg. 6(2)(d)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2B)(iv) word omitted by S.I. 2020/46 reg. 6(2)(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2AA) word substituted by S.I. 2020/46 reg. 6(2)(c)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2AA)(i) word omitted by S.I. 2020/46 reg. 6(2)(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2AA)(ii)(iii) substituted for reg. 47(2AA)(ii) by S.I. 2020/46 reg. 6(2)(c)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2BA) word substituted by S.I. 2020/46 reg. 6(2)(e)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2BA)(i) word omitted by S.I. 2020/46 reg. 6(2)(e)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2BA)(i) words inserted by S.I. 2020/46 reg. 6(2)(e)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(2BA)(ii)(iii) substituted for reg. 47(2BA)(ii) by S.I. 2020/46 reg. 6(2)(e)(iv) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 47(5A)(5B) inserted by S.I. 2020/46 reg. 6(2)(f) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(2)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(2)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(2)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(2)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(3)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(3)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(3)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(3)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(8)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(8)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(8)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(8)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(9)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(9)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(9)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 72(9)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(2)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(2)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(2)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(2)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(2)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(2)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(2)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(2)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(2)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(2)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(2)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(2)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(3)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(3)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(3)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(3)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(3)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(3)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(3)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(3)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(3)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(3)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(3)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(3)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(8)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(8)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(8)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(8)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(8)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(8)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(8)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(8)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(8)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(8)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(8)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(8)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(9)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(9)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(9)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(9)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(9)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(9)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(9)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(9)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(9)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 74(9)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 74(9)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 74(9)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(2)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(2)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(2)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(2)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(2)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(2)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(2)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(2)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(2)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(2)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(2)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(2)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(3)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(3)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(3)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(3)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(3)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(3)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(3)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(3)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(3)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(3)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(3)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(3)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(8)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(8)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(8)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(8)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(8)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(8)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(8)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(8)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(8)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(8)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(8)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(8)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(9)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(9)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(9)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(9)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(9)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(9)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(9)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(9)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(9)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 76(9)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 76(9)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 76(9)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(2)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(2)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(2)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(2)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(2)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(2)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(2)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(2)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(2)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(2)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(2)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(2)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(3)(i) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(3)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(3)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(3)(iii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(3)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(3)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(3)(ii) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(3)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(3)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 77(3)(iv) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 77(3)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 77(3)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(2)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(2)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(2)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(2)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(2)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(2)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(2)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(2)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(3)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(3)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(3)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(3)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(3)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(3)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80A(3)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 80A(3)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(2)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(2)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(2)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(2)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(2)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(2)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(2)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(2)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(4)(i) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(4)(i) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(4)(iii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(4)(iii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(4)(ii) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(4)(ii) sum substituted by S.I. 2024/85 Sch.
  • reg. 80B(4)(iv) sum substituted by S.I. 2023/74 Sch.
  • reg. 80B(4)(iv) sum substituted by S.I. 2024/85 Sch.
  • reg. 85(1)(1A) substituted for reg. 85(1) by S.I. 2023/74 reg. 24(2)
  • reg. 85(2)(i) inserted by S.I. 2020/46 reg. 2(3)(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 85(2)(j) inserted by S.I. 2020/46 reg. 3(3)(d) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 137(10)(b)(i)-(iii) and words substituted for words in reg. 137(10)(b) by S.I. 2024/85 reg. 9(2)(a)
  • reg. 137(10C) inserted by S.I. 2020/46 reg. 3(3)(e) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 137(11)(b)(i)-(iii) and words substituted for words in reg. 137(11)(b) by S.I. 2024/85 reg. 9(2)(d)
  • reg. 137(11E) inserted by S.I. 2024/85 reg. 9(2)(h)
  • reg. 138(4)(k) inserted by S.I. 2020/46 reg. 2(3)(d)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 138(4)(l) inserted by S.I. 2020/46 reg. 3(3)(f) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 138A(2)(i) inserted by S.I. 2020/46 reg. 2(3)(e)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 138A(2)(j) inserted by S.I. 2020/46 reg. 3(3)(g) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 139(2A)(ca) inserted by S.I. 2023/74 reg. 40
  • reg. 139(2ZAA) inserted by S.I. 2020/46 reg. 4(1)(g)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 144(2A) inserted by S.I. 2024/85 reg. 6(4)(a)
  • reg. 147(8)-(8B) substituted for reg. 147(8) by S.I. 2023/74 reg. 27
  • reg. 157B(6)(a)(i)(ab) words omitted by S.I. 2020/46 reg. 8(1)(b)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157B(6)(a)(i)(ab) words substituted by S.I. 2020/46 reg. 8(1)(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157G(1)(a) sum substituted by S.I. 2023/74 Sch.
  • reg. 157G(1)(a) sum substituted by S.I. 2024/85 Sch.
  • reg. 157G(1)(b) sum substituted by S.I. 2023/74 Sch.
  • reg. 157G(1)(b) sum substituted by S.I. 2024/85 Sch.
  • reg. 157G(1)(c) sum substituted by S.I. 2023/74 Sch.
  • reg. 157G(1)(c) sum substituted by S.I. 2024/85 Sch.
  • reg. 157G(1)(d) sum substituted by S.I. 2023/74 Sch.
  • reg. 157G(1)(d) sum substituted by S.I. 2024/85 Sch.
  • reg. 157J(1)(a) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157J(1)(a) sum substituted by S.I. 2023/74 Sch.
  • reg. 157J(1)(a) sum substituted by S.I. 2024/85 Sch.
  • reg. 157J(1)(b) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157J(1)(b) sum substituted by S.I. 2023/74 Sch.
  • reg. 157J(1)(b) sum substituted by S.I. 2024/85 Sch.
  • reg. 157J(1)(c) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157J(1)(c) sum substituted by S.I. 2023/74 Sch.
  • reg. 157J(1)(c) sum substituted by S.I. 2024/85 Sch.
  • reg. 157J(1)(d) sum substituted by S.I. 2020/46 Sch. (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 157J(1)(d) sum substituted by S.I. 2023/74 Sch.
  • reg. 157J(1)(d) sum substituted by S.I. 2024/85 Sch.
  • reg. 159(15)(b)(i)-(iii) and words substituted for words in reg. 159(15)(b) by S.I. 2024/85 reg. 9(3)(a)
  • reg. 159(15C) inserted by S.I. 2020/46 reg. 3(3)(h) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 159(16)(b)(i)-(iii) and words substituted for words in reg. 159(16)(b) by S.I. 2024/85 reg. 9(3)(d)
  • reg. 159(16B)(b) reg. 159(16B)(c) renumbered as reg. 159(16B)(b) by S.I. 2024/85 reg. 9(3)(f)
  • reg. 159(16B)(b) words inserted by S.I. 2024/85 reg. 9(3)(g)
  • reg. 159(16E) inserted by S.I. 2024/85 reg. 9(3)(i)
  • reg. 160(2)(i) inserted by S.I. 2020/46 reg. 2(3)(f)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 160(2)(j) inserted by S.I. 2020/46 reg. 3(3)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 161(3ZAA) inserted by S.I. 2020/46 reg. 4(1)(i)(i) (This amendment not applied to legislation.gov.uk. S.I. 2020/46 was revoked by S.I. 2020/48, reg. 19 before ever coming into force)
  • reg. 166(6) inserted by S.I. 2023/74 reg. 31(3)

CHAPTER 4E+WGRANTS FOR DEPENDANTS

Interpretation of Chapter 4E+W

42.—(1) In regulations 44 to 47—

(a)subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student's child, the student's partner (including a spouse or civil partner from whom the Secretary of State considers the student is separated) or the student's former partner;

(b)child” in relation to an eligible student includes any child of the student's partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c)dependant” means, in relation to an eligible student, the student's partner, the student's dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d)dependent” means wholly or mainly financially dependent;

(e)dependent child” means, in relation to an eligible student, a child dependent on the student;

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)net income” has the meaning given in paragraph (2);

[F2(ga)“preceding financial year” means the financial year immediately preceding the relevant year;

(gb)“prior financial year” means the financial year immediately preceding the preceding financial year;

(gc)“relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd)“residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

[F3(ge)“taxable income” means, in respect of the prior financial year—

(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of [F4a Member State] which applies to A’s income; or

[F5(iii)where the legislation of—

(aa)the United Kingdom and one or more Member States; or

(bb)more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Secretary of State considers that A’s total income in that period is greatest,]

[F6except that] no account is taken of income referred to in paragraph (1A) paid to another party;]]

(h)subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

(i)the spouse of an eligible student;

(ii)the civil partner of an eligible student;

(iii)a person ordinarily living with an eligible student as if that person were the student's spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv)a person ordinarily living with an eligible student as if that person were the student's civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(i)unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

(i)in the opinion of the Secretary of State, that person and the eligible student are separated; or

(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(j)for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k)for the purposes of the [F7definition of child], a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l)for the purposes of regulation 45—

(i)sub-paragraph (i) does not apply; and

(ii)a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 4;

(m)for the purposes of determining whether a person is the former partner of an eligible student's partner, “partner” in relation to an eligible student's partner means—

(i)the spouse of an eligible student's partner;

(ii)the civil partner of an eligible student's partner;

(iii)where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student's partner (“B”) as if A were B's spouse;

(iv)where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student's partner “B” as if A were B's civil partner;

(n)subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Secretary of State may treat an adult person or child as dependent on an eligible student if the Secretary of State is satisfied that the adult person or child—

(i)is not dependent on—

(aa)the eligible student; or

(bb)the student's partner; but

(ii)is dependent on the eligible student and the student's partner together;

(o)the Secretary of State must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—

(i)the spouse or civil partner of the eligible student's partner (including a spouse or civil partner from whom the Secretary of State considers the eligible student's partner is separated); or

(ii)the former partner of the eligible student's partner.

[F8(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under section 23 of the Matrimonial Causes Act 1973 which includes provision made by virtue of sections 25B(4) and 25E(3) of that Act or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.]

(2) F9...A dependant's net income is the dependant's income from all sources [F10(for the relevant year for the purposes of regulation 44(2)(b) and for the prior financial year for the purposes of [F11regulation 47])] 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 dependant is subject;

(b)child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992 M1;

(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 M2;

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

(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 22C of the Children Act 1989 M3 [F12or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014];

(f)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 section 24 of that Act M4 [F13or 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];

(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 M5; F14...

(h)a higher education bursary paid to the dependent;

[F15(i)in the case of a dependant who is entitled to an award of universal credit—

(i)any amount that is included in the calculation of the award, under regulation 27(1) of the Universal Credit Regulations 2013, in respect of the fact that the dependant has F16... or 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 (the child element)].

F17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child's maintenance, those payments are to be treated as the child's income.

[F19(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 4.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 4 (other than sub-paragraphs [F20(3)(b) and (c), (4)(b) and (c), (9), (10) and (11)] of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]

Textual Amendments

F1Reg. 42(1)(f) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(2)(i)

F2Reg. 42(1)(ga)-(ge) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(a)

F7Words in reg. 42(1)(k) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(2)(ii)

F8Reg. 42(1A) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(b)

F9Words in reg. 42(2) omitted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(i)

F10Words in reg. 42(2) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(c)(ii)

F11Words in reg. 42(2) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(3)

F17Reg. 42(3) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(4)

F18Reg. 42(3A) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 13(4)

F19Reg. 42(5)(6) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 15(f)

Marginal Citations

M11992 c.4 to which there are amendments not relevant to these Regulations.

M31989 c.41; sections 22A to 22F substituted section 23 and were inserted by the Children and Young Persons Act 2008 (c.23).

M41989 c.41. There are amendments to sections 15 and 24 and Schedule 1 which are not relevant to these Regulations.

M52002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24 and there are amendments not relevant to these Regulations.

GeneralE+W

43.—(1) The grant for dependants consists of the following elements—

(a)adult dependants' grant;

(b)childcare grant;

(c)parents' learning allowance.

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 44 to 47.

Adult dependants' grantE+W

44.—(1) An eligible student qualifies for an adult dependants' grant in connection with the student's attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of one dependant of an eligible student who is either—

(a)the eligible student's partner; or

(b)an adult dependant whose net income [F21for the relevant year] does not exceed £3,796.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being—

(a)[F22£3,263]; or

(b)where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding [F23£3,263] as the Secretary of State considers reasonable in the circumstances.

Textual Amendments

F21Words in reg. 44(2)(b) inserted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 16

F22Sum in reg. 44(3)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F23Sum in reg. 44(3)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

Childcare grantE+W

45.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A's attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) [F24, (3B)] and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—

(a)a dependent child who is under the age of 15 immediately before the beginning of the academic year; or

(b)a dependent child who has special educational needs within the meaning of [F25section 20 of the Children and Families Act 2014] and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if F26... [F27

(a)[F28A or A’s partner] has elected to receive the childcare element of the working tax credit under Part 1 of the Tax Credits Act 2002; F29...

(b)[F30A or A’s partner] is entitled to an award of universal credit the calculation of which includes an amount under regulation 31 of the Universal Credit Regulations 2013 (childcare costs element)] F31...

[F32(c)A’s partner has elected to receive financial support for childcare under a healthcare bursary [F33or Scottish healthcare allowance] [F34; or]]

[F35(d)A’s partner is eligible for a healthcare tuition payment and has elected to receive financial support for childcare under section 63 of the Health Services and Public Health Act 1968.]

[F36(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.]

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A's child are paid or to be paid by A to A's partner.

(5) Subject to [F37paragraphs (6) and (8)], the basic amount of childcare grant for each week is—

(a)for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F38£183.75] per week; or

(b)for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of [F39£315.03] per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a)a week runs from Monday to Sunday; and

(b)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 M6.

F40(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F41(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Subject to paragraph F42... (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) F43... Where one of the events listed in regulation 17(a), (b), F44... (e), (f), (g) [F45, (h), (i), (j), (k) [F46, (l) [F47, (m), (n) or (o)]]] occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.

F48(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Words in reg. 45(3) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(a)

F28Words in reg. 45(3)(a) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F29Word in reg. 45(3)(a) omitted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by virtue of The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(b)

F30Words in reg. 45(3)(b) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(c)

F31Word in reg. 45(3)(b) omitted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(a)

F32Reg. 45(3)(c) inserted (with application in accordance with reg. 1(4)(b) of the amending S.I.) by The Education (Student Support) (Amendment) Regulations 2014 (S.I. 2014/2765), regs. 1(4)(a), 11(d)

F34Word in reg. 45(3)(c) substituted for full-stop (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(b)(ii)

F35Reg. 45(3)(d) inserted (with application in accordance with reg. 1(3)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2017 (S.I. 2017/114), regs. 1(3), 12(c)

F37Words in reg. 45(5) substituted (with application in accordance with reg. 1(2)(b) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) Regulations 2012 (S.I. 2012/1653), regs. 1(2)(a), 17

F38Sum in reg. 45(5)(a) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F39Sum in reg. 45(5)(b) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F40Reg. 45(8) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)

F41Reg. 45(9) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(a)

F42Words in reg. 45(10) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 14(b)

F47Words in reg. 45(11) substituted (with application in accordance with reg. 1(4)(a) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/534), regs. 1(1), 4(4)

Marginal Citations

M6Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I.2005/681, S.I. 2005/769, S.I. 2005/2919, S.I.2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I.2007/968, S.I. 2007/2479, S.I. 2008/604, S.I.2008/1879, S.I.2008/2169, S.I.2009/679 and S.I.2009/800) S.I. 2009/2887, S.I. 2010/751, S.I. 2011/721 sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002.

Parents' learning allowanceE+W

46.—(1) An eligible student (“A”) qualifies in connection with A's attendance on a designated course for the parents' learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 47, the basic amount being [F49£1,863].

Textual Amendments

F49Sum in reg. 46(2) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

CalculationsE+W

47.[F50(1) The amount of adult dependants’ grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraphs (1A), [F51(1AA),] (1B), (1C) and (4).

(1A) Subject to paragraph (1C), the amount of adult dependants’ grant payable [F52, where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, exceeds £8,746,] is an amount equal to—

Where—

(i)

A is the basic amount mentioned in regulation 44(3);

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of any dependent child or children for the prior financial year; and

(iv)

D is £8,746.

[F53(1AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, taken together for the prior financial year, does not exceed £8,746, the amount of adult dependant’s grant payable is the basic amount mentioned in paragraph (3) of regulation 44.]

(1B) Where the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children [F54, taken together for the prior financial year,] exceeds [F55£15,271.98], the amount of adult dependants’ grant payable is nil.

(1C) The basic amount of adult dependants’ grant mentioned in paragraph (3) of regulation 44 is payable instead of the amount payable under paragraph (1A) to an eligible student—

(a)who was in receipt of adult dependants’ grant and parents’ learning allowance in respect of an academic year of a course beginning on or after 1st August 2018 but before 1st August 2019;

(b)who is undertaking—

(i)a subsequent year of the same course in an academic year beginning on or after 1st August 2019 without their participation in that course having been withdrawn or suspended; or

(ii)a year of a course in an academic year beginning on or after 1st August 2019, without their participation in that course having been withdrawn or suspended, having transferred from the course mentioned in sub-paragraph (a);

(c)who qualifies for and who is entitled to receive parents’ learning allowance in respect of an academic year mentioned in sub-paragraph (b);

(d)in respect of whom the amount of adult dependants’ grant payable under paragraph (1A) after the application of any contribution calculated under Part 8 would, other than by virtue of an increase in the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children, be lower than the amount of adult dependants’ grant received in the academic year mentioned in sub-paragraph (a); and

(e)in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of any dependent child or children is at least £8,746 but does not exceed £12,776.

(2) [F56Subject to paragraph (5B),] the amount of childcare grant payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraph (2A), [F57(2AA),] (2C) and (5) where the eligible student has one dependent child only, and in accordance with paragraph (2B), [F58(2BA),] (2C) and (5) where the eligible student has two or more dependent children.

(2A) The amount of childcare grant payable [F59, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, exceeds £9,727,] is an amount equal to—F60

Where—

(i)

A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent child for the prior financial year;

(iv)

D is £9,727; F61...

(v)

[F62E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(vi)

F is 365 days or, where the academic year includes 29th February, 366 days.]

[F63(2AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child, taken together for the prior financial year, does not exceed £9,727, the amount of childcare grant payable is an amount equal to—F64

Where—

(i)

A is the basic amount mentioned in paragraph (5)(a) of regulation 45 multiplied by 52; F65...

(ii)

[F66B is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(iii)

C is 365 days or, where the academic year includes 29th February, 366 days.]]

(2B) The amount of childcare grant payable [F67, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, exceeds £11,118,] is an amount equal to—F68

Where—

(i)

A is the basic amount mentioned in paragraph (5)(b) of regulation 45 multiplied by 52;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent children for the prior financial year;

(iv)

D is £11,118; F69...

(v)

[F70E is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(vi)

F is 365 days or, where the academic year includes 29th February, 366 days.]

[F71(2BA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children, taken together for the prior financial year, does not exceed £11,118, the amount of childcare grant payable is an amount equal to—F72

Where—

(i)

A is the basic amount mentioned in paragraph (5)(b) of regulation 45 [F73multiplied by 52]; F74...

(ii)

[F75B is the number of days in respect of which the eligible student applies and qualifies for childcare grant, up to a maximum of 365 days or, where the academic year includes 29th February, up to a maximum of 366 days; and

(iii)

C is 365 days or, where the academic year includes 29th February, 366 days.]]

(2C) Where—

(i)the eligible student has one dependent child only and the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child exceeds [F76£19,281.99], the amount of childcare grant payable is nil;

(ii)the eligible student has two or more dependent children and the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children exceeds [F77£27,499.55], the amount of childcare grant payable is nil.

(3) The amount of parents’ learning allowance payable in respect of an academic year beginning on or after 1st August 2019 is calculated in accordance with paragraphs (3A), [F78(3AA),] (3B) and (3C).

(3A) Subject to paragraph (3C), the amount of parents’ learning allowance payable [F79, where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, exceeds £14,910,] is an amount equal to—

Where—

(i)

A is the basic amount mentioned in paragraph (2) of regulation 46;

(ii)

B is the residual income of any adult dependants and the eligible student’s partner for the prior financial year;

(iii)

C is the net income of the dependent child or children for the prior financial year; and

(iv)

D is £14,910.

[F80(3AA) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, taken together for the prior financial year, does not exceed £14,910, the amount of parents’ learning allowance payable is the basic amount mentioned in paragraph (2) of regulation 46.]

(3B) Where the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children [F81, taken together for the prior financial year,] exceeds [F82£18,635.98], the amount of parents’ learning allowance payable is nil.

(3C) The basic amount of parents’ learning allowance mentioned in paragraph (2) of regulation 46 is payable instead of the amount payable under paragraph (3A) to an eligible student—

(a)who was in receipt of parents’ learning allowance in respect of an academic year of a course beginning on or after 1st August 2018 but before 1st August 2019;

(b)who is undertaking—

(i)a subsequent year of the same course in an academic year beginning on or after 1st August 2019 without their participation in that course having been withdrawn or suspended; or

(ii)a year of a course in an academic year beginning on or after 1st August 2019, without their participation in that course having been withdrawn or suspended, having transferred from the course mentioned in sub-paragraph (a);

(c)in respect of whom the total amount of parents’ learning allowance payable under paragraph (3A) after the application of any contribution calculated under Part 8 would, other than by virtue of an increase in the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child or children, be lower than the amount of parents’ learning allowance received under sub-paragraph (a); and

(i)who qualifies for and is entitled to receive adult dependants’ grant and childcare grant under this Part, who has one dependent child only, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child is at least £14,910 but does not exceed £23,154;

(ii)who qualifies for and is entitled to receive adult dependants’ grant and childcare grant under this Part, who has two or more dependent children, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children is at least £14,910 but does not exceed £30,609;

(iii)who qualifies for and is entitled to receive childcare grant under this Part, who does not qualify for or is not entitled to receive adult dependants’ grant under this Part, who has one dependent child only, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent child is at least £14,910 but does not exceed £20,147; or

(iv)who qualifies for and is entitled to receive childcare grant under this Part, who does not qualify for or who is not entitled to receive adult dependants’ grant under this Part, who has two or more dependent children, and in respect of whom the residual income of any adult dependants and the eligible student’s partner and the net income of the dependent children is at least £14,910 but does not exceed £27,062.]

(4) The amount of adult dependants' grant calculated under paragraph [F83(1A), [F84(1AA),] (1B) and (1C)] in respect of an adult dependant is reduced by one half where—

(a)the eligible student's partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph [F85(2A), (2AA) and (2C), or (2B), (2BA) and (2C)] is reduced by one half where—

(a)the eligible student's partner—

(i)is an eligible student; or

(ii)holds a statutory award; and

(b)account is taken of that partner's dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

[F86(5A) An eligible student may request an amount of childcare grant to be payable which—

(a)where the eligible student has one dependent child only, is less than the amount calculated in accordance with paragraphs (2A), (2AA), (2C) and (5); or

(b)where the eligible student has two or more dependent children, is less than the amount calculated in accordance with (2B), (2BA), (2C) and (5).

(5B) Where an eligible student makes a request under paragraph (5A), the amount of childcare grant payable is the amount requested, provided that the Secretary of State considers the amount requested to be reasonable in the circumstances.]

(6) Where the amount of the parents' learning allowance calculated under paragraph [F87(3A)] is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

F88(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7B) Where the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the prior financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Secretary of State is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 85 per cent of the sterling value of their net income in the previous financial year the Secretary of State may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Secretary of State has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Secretary of State must ascertain the dependent children’s net income in the preceding financial year. 

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a)there is a change in the number of the eligible student's dependants;

(b)a person becomes or ceases to be a dependant of the eligible student;

F90(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a student becomes eligible for support as a result of an event referred to in regulation 17.

(9) For the purposes of determining F91... whether adult dependants' grant or parents' learning allowance is payable, the Secretary of State must determine the following in relation to each relevant quarter by reference to the student's circumstances in the relevant quarter—

(a)how many dependants the eligible student is to be treated as having;

(b)who those dependants are;

F92(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student's circumstances in the relevant quarter F93... applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a)in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs;

(b)otherwise, a quarter other than the one quarter during which, in the opinion of the Secretary of State, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Textual Amendments

F50Reg. 47(1)-(3C) substituted for reg. 47(1)-(3) (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(2)

F55Sum in reg. 47(1B) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F76Sum in reg. 47(2C)(i) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F77Sum in reg. 47(2C)(ii) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F82Sum in reg. 47(3B) substituted (with application in accordance with reg. 1(2)(c)(4) of the amending S.I.) by The Education (Student Fees, Awards and Support) (Amendment) (No. 3) Regulations 2021 (S.I. 2021/1348), reg. 1(1), Sch.

F83Words in reg. 47(4) substituted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(3)

F88Reg. 47(7) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(6)

F89Reg. 47(7A) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(6)

F90Reg. 47(8)(c) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(7)

F91Words in reg. 47(9) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(8)(i)

F92Reg. 47(9)(c) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(8)(ii)

F93Words in reg. 47(11) omitted (with application in accordance with reg. 1(2)(5) of the amending S.I.) by virtue of The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2019 (S.I. 2019/142), regs. 1(1), 15(9)

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Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources