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38. In this Part, unless the context otherwise requires–
“contribution” means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority as defined in regulation 46 of the Housing Benefit (General) Regulations 1987(1) takes into account in assessing the amount of the student’s grant and by which the amount is, as a consequence, reduced;
“course of study” means any full-time or part-time course of study or sandwich course whether or not a grant is made for attending it;
“full-time student” includes a student on a sandwich course;
“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary;
“grant income” means–
any income by way of a grant;
any contribution whether or not it is paid;
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1988(2);
“student” means a person who is attending a course of study at an educational establishment including a registered student.
39. These Regulations shall have effect in relation to students subject to the following provisions of this Part.
40.—(1) The amount of a student’s grant income to be taken into account shall, subject to paragraph (2), be the whole of his grant income.
(2) There shall be excluded from a student’s grant income any payment–
(a)intended to meet tuition fees or examination fees;
(b)intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, opthalmic optics, orthop tics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;
(c)in respect of the student’s disability;
(d)intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;
(e)on account of the student maintaining a home at a place other than that at which he resides during his course;
(f)on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;
(g)intended to meet the cost of books and equipment (other than special equipment) or, in the case of a full-time student, if not so intended an amount equal to £234 towards such costs;
(h)intended to meet travel expenses incurred as a result of his attendance on the course.
41. No part of a student’s grant income shall be disregarded under paragraph 13 of Schedule 3 (sums to be disregarded in the determination of income other than earnings).
42. For the purposes of ascertaining income other than grant income, any amounts intended for any expenditure specified in regulation 40(2) (determination of grant income), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 40(2) on like expenditure.
43. Where the relevant person or his partner is a student and the income of one is taken into account for the purposes of assessing a contribution to the student’s grant, an amount equal to the contribution shall be disregarded for the purposes of determining the income of the one liable to make that contribution.
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