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The Education (Student Support) Regulations 2008

Type Statutory-Instrument

Publication 2008-02-27

State In force

Department Statute Law Database

Source legislation.gov.uk

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These Regulations provide for support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2008.

Reform history JSON API

(a) an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that he—

(i) began on or after 1st September 2006 and is continuing on after 31st August 2008; or

(ii) begins on or after 1st September 2008;

(b) an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.

(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if he has an honours degree from an institution in the United Kingdom and the exemption in regulation 34(1) or (2) does not apply.

(5) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.

(6) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Secretary of State must determine the “standard entitlement”.

(7) The standard entitlement is calculated as follows—

$$( D+X )−Pr⁡C$ where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course, X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years, PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(8) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(9) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(10) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 28, 29 or 30 and may be nil.

Old system students who are gap year students who have not studied on a previous course

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(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.

(2) A gap year student does not qualify for fee support in respect of a designated course if—

(a) he has an honours degree from an institution in the United Kingdom and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) A gap year student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

$$OD+1$ where OD is the number of academic years that make up the ordinary duration of the course.$

(6) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(7) A gap year student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 28 or 29 and may be nil.

Old system students who are gap year students who have studied on a previous course

26

(1) This regulation applies where—

(a) an old system student is a gap year student who has studied on a previous course;

(b) an old system student has transferred from a course in relation to which he was a gap year student to another designated course in accordance with regulations made by the Secretary of State under section 22 of the 1998 Act.

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—

(a) he has an honours degree from an institution in the United Kingdom and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(3) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(4) When assessing an application for support in respect of an academic year of a designated course, the Secretary of State must determine the “standard entitlement”.

(5) The standard entitlement is calculated as follows—

$$( OD+1 )−PC$ where OD is the number of academic years that make up the ordinary duration of the course, PC is the number of academic years that the student has spent on previous courses.$

(6) When assessing an application for support in connection with an academic year of a designated course, the Secretary of State must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(7) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Secretary of State allocates a grant for fees to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that he takes of the designated course that is not a bursary year or an Erasmus year if he failed to complete the most recent previous course because of compelling personal reasons.

(9) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (8), the Secretary of State must not allocate a grant for fees under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

(10) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 28 or 29 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 28, 29 or 30 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.

Availability of the grant for fees to old system students for years of repeat study

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(1) In addition to the standard entitlement, if the Secretary of State determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which he is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken (after 31st August 2006) on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(3) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 26(8)).

Amount of the grant for fees for a course at a publicly funded institution

28

(1) Unless one of the cases set out in regulation 21(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly funded institution is the lesser of—

(a) £1,255; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in regulation 21(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—

(a) £625; and

(b) the fees payable by the student in connection with that year.

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 98.

(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.

(5) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—

(a) £2,245; and

(b) the fees payable by the student in connection with that year.

(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—

(a) £4,565; and

(b) the fees payable by the student in connection with that year.

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

29

(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £1,255 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly funded institution; and

(2) The amount of the grant for fees in respect of an academic year at a private institution is the lesser of £625 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly funded institution; and

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 98.

Amount of the grant for fees for a course at a private institution

30

(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 29 does not apply is the lesser of—

(a) £1,175; and

(b) the fees payable by the student in connection with that year.

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £2,975.

CHAPTER 4 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

31

An old system student qualifies for a fee contribution loan in respect of an academic year of a designated course if—

(a) he qualifies for a grant for fees in respect of that year or would have qualified if he had applied for the grant (even if the amount is or would have been nil); and

(b) the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.

Amount of the fee contribution loan

32

(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 28 or 29 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 98.

(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—

(a) £1,255 or, if any of the cases set out in regulation 21(3) apply, £625; and

(b) the fees payable by the student in connection with the academic year.

(3) An old system student may apply to borrow an additional amount of fee contribution loan where—

(a) the Secretary of State determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b) the Secretary of State considers that the increase in the maximum amount does not result from the old system student—

(i) failing to provide information promptly which might affect his ability to qualify for a grant for fees or fee contribution loan or the amount of grant for fees or fee contribution loan for which he qualifies; or

(ii) providing information which is inaccurate in any material particular.

(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(5) Where an old system student has applied for a fee contribution loan of less than the maximum amount to which he is entitled, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his case.

CHAPTER 5 — INTERPRETATION OF PART 4

Previous course

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(1) Subject to the exceptions in paragraphs (3), (4) and (5), a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course or a designated distance learning course, undertake before the current course and which meets one or both of the conditions in paragraph (2).

(2) The conditions are—

(a) the course is provided by an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the student took the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) A course which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(4) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the degree (including an honours degree) of Bachelor of Education;

(b) the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(5) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a) the current course is a course for the honours degree of Bachelor of Education;

(b) the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(6) Subject to paragraphs (7), (8) and (9), for the purpose of determining PC in the formulae in regulations 19 and 26—

(a) each academic year that the student completed on a previous course is counted; and

(b) an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(7) For the purpose of determining PC in the formulae in regulations 19 and 26, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a) the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and

(b) the student qualified for fee support for some but not all of the academic years of that previous course.

(8) For the purpose of determining PC in the formulae in regulations 19 and 26, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because he had failed to complete a previous course for compelling personal reasons.

(9) For the purpose of determining PC in the formulae in regulations 19 and 26, where a student transfers from an academic year of one designated course to an academic year of another designated course before the Secretary of State considers that he has completed the year from which he is transferring, the time spent by the student during the academic year in which the transfer takes place on the course from which he is transferring is not counted as a year spent on a previous course.

(10) A student who undertook a previous course but was not in attendance because he was unable to attend for a reason which related to his disability is only treated as if he had been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous

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(1) An eligible student is not prevented from qualifying for fee support under this Part by virtue of having an honours degree from an institution in the United Kingdom if—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(2) Where the current course is considered to be a single course because of regulation 5(6) and (7) and it leads to an honours degree from an institution in the United Kingdom being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.

(3) For the purposes of calculating the amount of fee support, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999²³⁵ is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992²³⁶.

(4) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

Current system students

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The following grants are available to a current system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) maintenance grant or special support grant.

Old system students

36

The following grants are available to an old system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) higher education grant.

CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

37

(1) An eligible student qualifies for a grant under this Part provided that—

(a) he is not excluded from qualification by any of the following paragraphs; and

(b) he satisfies the qualifying conditions for the particular grant for which he is applying.

(2) An eligible student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.

(3) An eligible student does not qualify for a grant under this Part in respect of —

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his course, in an overseas institution; or

(e) unpaid service with—

(i) a Strategic Health Authority established pursuant to section 13 of the National Health Service Act 2006 or a Special Health Authority established pursuant to section 28 of that Act;²³⁷;

(ii) a Local Health Board established pursuant to section 11 of the National Health Service (Wales) Act 2006 or a Special Health Authority established pursuant to section 22 of that Act²³⁸;

(iii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978²³⁹; or

(iv) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972²⁴⁰.

(7) Where one of the events listed in paragraph (8) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but he does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.

(8) The events are—

(a) the student’s course becomes a designated course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(e) the student becomes the child of a Turkish worker;

(f) the student becomes a person described in paragraph 6(1)(a) of Schedule 1; or

(g) the student becomes the child of a Swiss national.

(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part in respect of an academic year during any part of which he is a prisoner.

(10) Paragraph (9) does not apply in respect of disabled students’ allowance.

Students who are treated as in attendance

38

(1) A student to whom this regulation applies is treated as if he were in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grant for dependants;

(b) disabled students’ allowance;

(d) higher education grant.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom but is not in attendance because he is unable to attend for a reason which relates to his disability.

CHAPTER 3 — DISABLED STUDENTS’ ALLOWANCES

Qualifying conditions for the disabled students’ allowance

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An eligible student qualifies for a grant to assist with the additional expenditure which the Secretary of State is satisfied that the student is obliged to incur in connection with his attendance on a designated course by reason of a disability to which he is subject.

Amount of the disabled students’ allowance

40

(1) Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Secretary of State considers appropriate in accordance with the student’s circumstances.

(2) Except where paragraph (4) applies, the amount of the disabled students’ allowance must not exceed—

(a) £20,000 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,030 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(i) within the United Kingdom for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the Institute;

(d) £1,680 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.

(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

(4) The maximum amount under paragraphs (2)(a) and (d) is £15,000 and £1,260, respectively where—

(a) an eligible student attends a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

CHAPTER 4 — GRANTS FOR DEPENDANTS

General

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

(a) adult dependants’ grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 42 to 45.

Adult dependants’ grant

42

(1) An eligible student qualifies for an adult dependants’ grant in connection with his 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 does not exceed £3,700.

(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 45, the basic amount being—

(a) £2,575; 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 £2,575 as the Secretary of State considers reasonable in the circumstances.

Childcare grant

43

(1) An eligible student qualifies for a childcare grant in connection with his attendance on a designated course in accordance with this regulation.

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which the eligible student 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 section 312 of the Education Act 1996²⁴¹ and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a childcare grant if he or his partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002²⁴².

(4) An eligible student does not qualify for a childcare grant if the prescribed childcare charges that he incurs for his child are paid or to be paid by him to his partner.

(5) Subject to paragraph (6), 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 £148.75 per week; or

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week

except that the student 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 2002²⁴³.

Parents’ learning allowance

44

(1) An eligible student qualifies in connection with his attendance on a designated course for the parents’ learning allowance if he 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 45, the basic amount being £1,470.

Calculations

45

(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 42 to 44 is the amount of that element remaining after applying, until it is extinguished, an amount equal to $A−B$as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 42;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 43; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 44.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where $A−B$ is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) 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 he is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) 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 he is entitled under the statutory award.

(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(7) In this regulation—

A is the aggregate of the net income of each of the eligible student’s dependants; and

B is—

(a) £1,130 where the eligible student has no dependent child;

(b) £3,385 where the eligible student is not a lone parent and has one dependent child;

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,645 where the eligible student is a lone parent and has more than one dependent child.

(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;

(d) a student becomes eligible for support as a result of an event referred to in regulation 37(8).

(9) For the purposes of determining the respective values of A and B and 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;

(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 as determined under paragraph (9) 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 9 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Interpretation of Chapter 4

46

(1) In regulations 42 to 45—

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

(b) “child” in relation to an eligible student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him;

(c) “dependant” means, in relation to an eligible student, his partner, his 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;

(f) “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

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

(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 he were his 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 he were his 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 he would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(k) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if he 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 he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(l) for the purposes of regulation 43—

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

(ii) a person is to be treated as a partner if he would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom he 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 ordinarily living with an eligible student’s partner as if he were his spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person ordinarily living with an eligible student’s partner as if he were his 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 he is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) his partner; but

(ii) is dependent on the eligible student and his 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.

(2) Subject to paragraph (3), a dependant’s net income is 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 dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits Act 1992²⁴⁴;

(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 2002²⁴⁵;

(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 23 of the Children Act 1989²⁴⁶;

(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 Act²⁴⁷; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002²⁴⁸.

(3) Where an eligible student or his partner 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 partner’s net income is the net income calculated in accordance with paragraph (2) 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.

(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.

CHAPTER 5 — GRANTS FOR TRAVEL

General

47

A grant for travel is available—

(a) to eligible students attending courses in medicine or dentistry in accordance with regulation 48;

(b) to eligible students attending an overseas institution or the Institute in accordance with regulation 50.

Qualifying conditions for the grant for travel – courses in medicine and dentistry

48

A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he is obliged to incur in an academic year for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

Amount of the grant for travel – courses in medicine and dentistry

49

The amount of grant payable under regulation 48 in respect of an academic year is equal to the reasonable expenditure that the Secretary of State determines the eligible student is obliged to incur for the purposes set out in that regulation less £295.

Qualifying conditions for the grant for travel – overseas study

50

A grant is available to an eligible student in respect of the reasonable expenditure which he is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of his course the overseas institution or the Institute.

Amount of the grant for travel – overseas study

51

The amount of grant payable under regulation 50 in respect of an academic year is calculated as follows—

$( X−£295 )+Y$where—

X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 50.

Yis the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 52.

52

The expenditure specified in this regulation is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period he is attending the overseas institution or the Institute;

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.

Deductions from the grant for travel

53

A deduction may be made from any grant under this Chapter in accordance with Part 9.

Interpretation

54

For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

(i) includes expenditure both before and after so attending; and

(ii) does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;

(b) “qualifying quarter” means a quarter during which the eligible student attends as part of his course an overseas institution or the Institute for at least half the period covered by that quarter.

CHAPTER 6 — MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant

55

(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with his attendance on a designated course.

(2) A current system student does not qualify for a maintenance grant if he qualifies for a special support grant.

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a maintenance grant for that year unless the reason that he does not qualify for a fee loan is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the maintenance grant – 2008 cohort students

56

(1) The maximum amount of maintenance grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 teacher training student, £1,417;

(b) in the case of a type 2 teacher training student, £2,835; and

(2) A type 1 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, he receives £1,417;

(b) where the household income exceeds £25,000 but does not exceed £34,450, he receives an amount equal to $M−( A 2 )$where—

M is £1,417

A is £1 for every complete £6 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,450 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £630.

(3) A type 2 teacher training student who is a 2008 cohort student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £25,000 or less, he receives £2,835;

(b) where the household income exceeds £25,000 but does not exceed £34,450, he receives an amount equal to $M−A$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,450 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,260.

(4) A 2008 cohort student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, he receives £2,835;

(b) subject to sub-paragraph (c); where the household income exceeds £25,000 but does not exceed £60,005, he receives an amount equal to $M−( A+B )$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £25,000 but does not exceed £34,450

B is £1 for every complete £21.12 by which the household income exceeds £34,450 but does not exceed £60,005; and

Amount of the maintenance grant – current system students who are not 2008 cohort students

57

(1) The maximum amount of maintenance grant available to a current system student who is not a 2008 cohort student in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,417;

(b) in the case of a type 2 teacher training student, £2,835; and

(2) A type 1 teacher training student who is not a 2008 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, he receives £1,417;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to$M−( A 2 )$

where

M is £1,417

A is £1 for every complete £6 by which the household income exceeds £18,360; and

(c) where the household income exceeds £27,810 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £630.

(3) A type 2 teacher training student who is not a 2008 cohort student and who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £18,360 or less, he receives £2,835;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to $M−A$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £18,360; and

(c) where the household income exceeds £27,810 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,260.

(4) A current system student other than a 2008 cohort student or a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, he receives £2,835;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to $M−A$where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £18,360;

RM is £1,260

A is £1 for every complete £9.50 by which the household income exceeds £27,810;

(d) where the household income exceeds £39,305, no maintenance grant is payable.

CHAPTER 7 — SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant

58

(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with his attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if he—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits Act 1992²⁴⁹; or

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act²⁵⁰.

(3) If a current system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a special support grant for that year unless the reason that he does not qualify for a fee loan is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the special support grant – 2008 cohort students

59

(1) The maximum amount of special support grant available to a 2008 cohort student in respect of an academic year is —

(a) in the case of a type 1 teacher training student, £1,417;

(b) in the case of a type 2 teacher training student, £2,835; and

(2) A type 1 teacher training student who is a 2008 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, he receives £1,417;

(b) where the household income exceeds £25,000 but does not exceed £34,450, he receives an amount equal to$M−( A 2 )$where—

M is £1,417

A is £1 for every complete £6 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,450 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £630.

(3) A type 2 teacher training student who is a 2008 cohort student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, he receives £2,835;

(b) where the household income exceeds £25,000 but does not exceed £34,450, he receives an amount equal to $M−A$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £25,000; and

(c) where the household income exceeds £34,450 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,260.

(4) A 2008 cohort student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £25,000 or less, he receives £2,835;

(b) subject to sub-paragraph (c), where the household income exceeds £25,000 but does not exceed £60,005, he receives an amount equal to $M−( A+B )$ where—

M is £2,835,

A is £1 for every complete £6 by which the household income exceeds £25,000 but does not exceed £34,450,

B is £1 for every complete £21.12 by which the household income exceeds £34,450 but does not exceed £60,005 and;

Amount of the special support grant – current system students who are not 2008 cohort students

60

(1) The maximum amount of special support grant available to a current system student who is not a 2008 cohort student in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,417;

(b) in the case of a type 2 teacher training student, £2,835;

(2) A type 1 teacher training student who is not a 2008 cohort student and who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, he receives £1,417;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to $M−( A 2 )$ where—

M is £1,417

A is £1 for every complete £6 by which the household income exceeds £18,360; and

(c) where the household income exceeds £27,810 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £630.

(3) A type 2 teacher training student who is not a 2008 cohort student and who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, he receives £2,835;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to $M−A$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £18,360; and

(c) where the household income exceeds £27,810 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,260.

(4) A current system student other than a 2008 cohort student or a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £18,360 or less, he receives £2,835;

(b) where the household income exceeds £18,360 but does not exceed £27,810, he receives an amount equal to $M−A$ where—

M is £2,835

A is £1 for every complete £6 by which the household income exceeds £18,360;

RM is £1,260

A is £1 for every complete £9.50 by which the household income exceeds £27,810; and

(d) where the household income exceeds £39,305, no special support grant is payable.

CHAPTER 8 — HIGHER EDUCATION GRANTS FOR OLD SYSTEM STUDENTS

Qualifying conditions for the higher education grant

61

(1) An old system student qualifies in accordance with this regulation for a higher education grant in connection with his attendance on a designated course to defray the cost of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) An old system student does not qualify for a higher education grant unless he began the specified designated course on or after 1st September 2004.

(3) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, he cannot qualify for a higher education grant for that year unless the reason that he does not qualify for a grant for fees is that—

(a) the year is an Erasmus year; or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

Amount of the higher education grant

62

(1) The maximum amount of higher education grant available in respect of an academic year is £1,000.

(2) An old system student who qualifies for a higher education grant receives an amount as follows—

(a) where the household income is £16,750 or less, he receives £1,000;

(b) where the household income exceeds £16,750 and does not exceed £22,735, he receives an amount equal to $M−A$ where—

M is £1,000

A is £1 for every complete £6.30 by which the household income exceeds £16,750; and

PART 6 — LOANS FOR LIVING COSTS

CHAPTER 1 — QUALIFYING CONDITIONS

Qualifying conditions for the loan for living costs – current system students

63

(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(a) he is under the age of 60 on the relevant date; and

(b) he does not have an honours degree from an institution in the United Kingdom.

(2) The condition in paragraph (1)(b) does not apply where—

(a) the designated course is listed in regulation 5(7);

(b) the designated course leads to qualification as a social worker;

(c) the current system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his income or a Scottish healthcare allowance the amount of which is calculated by reference to his income in respect of any academic year of the course; or

(d) the current system student is on a course for the initial training of teachers.

(3) A current system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.

(4) A current system student does not qualify for a loan for living costs in connection with his attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(5) A current system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.

(6) To receive a loan for living costs, a current system student must enter into a contract with the Secretary of State.

Qualifying conditions for the loan for living costs – old system students

64

(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c) or (d)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(a) he is under the age of 60 on the relevant date; and

(b) he does not have an honours degree from an institution in the United Kingdom.

(3) The condition in paragraph (2)(b) does not apply where—

(a) the designated course is listed in regulation 5(7);

(b) the designated course leads to qualification as a social worker;

(c) the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his income or a Scottish healthcare allowance the amount of which is calculated by reference to his income in respect of any academic year of the course; or

(d) the old system student is on a course for the initial training of teachers.

(4) An old system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.

(5) An old system student does not qualify for a loan for living costs in connection with his attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(6) An old system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.

(7) To receive a loan for living costs, an old system student must enter into a contract with the Secretary of State.

CHAPTER 2 — MAXIMUM AMOUNTS OF LOANS

General

65

(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is a 2008 cohort student with full entitlement, in accordance with regulation 66;

(b) where the eligible student is a current system student (other than a 2008 cohort student) with full entitlement, in accordance with regulation 67 or 68;

(d) where the eligible student is a student with reduced entitlement, in accordance with regulation 70.

2008 cohort students with full entitlement

66

(1) This regulation applies to a 2008 cohort student with full entitlement.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to $X−( Y+Z )$where—

X is— for a student in category A, £3,580; for a student in category B, £6,475; for a student in category C, £5,510; for a student in category D, £4,625;

Y is the maintenance grant amount;

Subject to paragraph (4), Z is £1 for every complete £9.50 by which the household income exceeds £61,061.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $X−( Y+Z )$where—

X is— for a student in category A, £3,235; for a student in category B, £5,895; for a student in category C, £4,790; for a student in category D, £4,280;

Y is the maintenance grant amount;

Subject to paragraph (4), Z is £1 for every complete £9.50 by which the household income exceeds £61,061.

(4) Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, Z in paragraphs (2) and (3) must be divided by the number of such persons before being deducted from X.

(5) Where the maximum amount of loan for living costs calculated in accordance with this regulation is less than the minimum level for the academic year specified in regulation 101, the minimum level for the academic year is payable.

(6) In this regulation, “the maintenance grant amount” is—

(a) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,260, the amount of maintenance grant payable;

(b) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,260, £1,260; and

Current system students with full entitlement who are not 2008 cohort students

67

(1) This regulation applies to a current system student with full entitlement (other than a 2008 cohort student or, where his contribution exceeds nil, a type 1 or type 2 teacher training student).

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to $X−Y$where—

X is— for a student in category A, £3,580; for a student in category B, £6,475; for a student in category C, £5,510; for a student in category D, £4,625;

Y is the maintenance grant amount.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $X−Y$where—

X is— for a student in category A, £3,235; for a student in category B, £5,895; for a student in category C, £4,790; for a student in category D, £4,280;

Y is the maintenance grant amount.

(4) In this regulation, “the maintenance grant amount” is—

(a) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,260, the amount of maintenance grant payable;

(b) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,260, £1,260; and

Type 1 and type 2 teacher training students who are not 2008 cohort students

68

(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil, and who is not a 2008 cohort student.

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