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	Statutory Rules of Northern Ireland
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"the Council Regulations" means Council Regulations (EEC) No. 1612/68 on freedom of movement for workers within the Community as extended by the EEA Agreement[5];

"course comparable to a first degree course" means -

(a) a course of at least 3 academic years' duration provided by a university or universities for a certificate, diploma or other academic award;

(b) an educational facility designated by the Department under Article 50(1);

"course for the DipHE" means a course provided by -

(a) a publicly funded institution for the Diploma of Higher Education;

(b) a publicly funded institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;

(c) a publicly funded institution in conjunction with a private institution, or by a private institution, for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Department;

"course for the HND" means -

(i) a course provided by a publicly funded institution for the Higher National Diploma or the Higher National Diploma of the Business and Technology Education Council ("BTEC");

(ii) a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Higher National Diploma or the Higher National Diploma of the Business and Technology Education Council, which is for the time being designated for the purposes of this provision by the Department;

"course of higher education" means a course of a type listed in Schedule 1 to the Further Education (Northern Ireland) Order 1997[6] for the purposes of paragraph 2(d) of Schedule 1, includes a full-time course outside Northern Ireland which is comparable to a full-time course of higher education in Northern Ireland;

"course of initial teacher training" means -

(a) a full-time course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by a publicly funded institution or where a private institution is an eligible institution as defined by section 4(2) of the Education Act 1994[7] by a public institution in conjunction with such a private institution, or by such a private institution;

(b) a part-time course of teacher training, involving not less than 3 days' attendance for the purposes of study or teaching practice during each of at least 30 weeks during each year of the course, for the time being specified for the purposes of this provision by the Department;

(c) any other course of teacher training, whether full-time, part-time or partly full-time and partly part-time, for the time being so specified; and

for the purposes of paragraphs (a) to (c) a full-time course is a course involving not less than 30 weeks' full-time attendance for the purposes of study or teaching practice during each year of the course, a part-time course is a course involving periods of attendance for those purposes all of which are part-time, and a partly full-time and partly part-time course is any other course; and in this definition in relation to a course provided at the University of Oxford or Cambridge a reference to a period of 30 weeks shall have effect as a reference to a period of 25 weeks;

"degree" means a degree awarded by a university, institution of higher education in the United Kingdom or the Republic of Ireland or the Council for National Academic Awards;

"dependent" means wholly or mainly financially dependent;

"discretionary award" shall be construed in accordance with regulation 2(5);

"employment" means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and "employed" shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding for gain of any office and to the following for gain of any occupation;

"establishment of further education" excludes a university but includes a college of education and an institution of further education which also provides higher education;

"European Community" means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[8] as adjusted by the Protocol signed at Brussels on 17th March 1993[9];

"EEA migrant worker" means a person who is a national of a member State of the European Economic Area or Switzerland who has taken up an activity as an employed person in the United Kingdom under the Council Regulation or in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the Council Regulation;

"European Economic Area" means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein; provided that any area which was previously not part of the European Economic Area, but at any time before or after these Regulations came into operation becomes part of that area shall be considered to have always been part of the European Economic Area;

"European student" means a person who is a national of a member State of the European Community or the child of such a national who has not been ordinarily resident in the British Islands as described in regulation 6(1) and (2) or who is not settled in the United Kingdom as described in paragraph 2(a) of Schedule 1;

"fees only award" means an award made only in respect of fees described in Schedule 5;

"first degree course" means -

(a) a course provided by a publicly funded institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;

(b) a course provided by the University of Buckingham for a first degree of that university;

(c) an international course;

(d) a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for a first degree or for the degree of Bachelor of Medicine or an equivalent degree, which is for the time being designated for the purposes of this provision by the Department;

"full award" means an award made in respect of both fees described in Schedule 5 and a maintenance grant;

"independent student" means a student who -

(a) has attained the age of 25 before the beginning of the year for which payments in pursuance of his award fall to be made; or

(b) has supported himself out of his earnings for periods (including any period mentioned in paragraph (3)), before the first year of his course aggregating not less than 3 years; or

(c) has been married before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or

(d) has no parent living; or

(e) is irreconcilably estranged from his parents;

"institution" means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994 or a university or relevant institution of higher education in the Republic of Ireland providing a full-time course comparable to one listed in paragraph 1, 2, 3 or 4 of Schedule 2;

"international course" means a course provided by a publicly funded institution in conjunction with an overseas institution for a first degree;

"maintenance grant" means a grant calculated in accordance with regulation 12;

"Metropolitan Police District" means the areas referred to in section 76(1) of the London Government Act 1963[10] as it had effect prior to its amendment by section 323 of the Greater London Authority Act 1999[11];

"ordinary maintenance requirement" shall be construed in accordance with paragraph 1(1) of Schedule 6;

"overseas institution" means an educational institution outside the United Kingdom providing further or higher education or both;

"previous awards regulations" means the Regulations revoked by regulation 18 and any regulations superseded by those Regulations;

"private institution" means an institution or institutions which are not maintained or assisted by recurrent grants out of public funds;

"publicly funded institution" means an institution or institutions which are maintained or assisted by recurrent grants out of public funds;

"refugee" means a person recognised by Her Majesty's Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951[12] as extended by the Protocol thereto which entered into force on 4th October 1967[13] and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;

"relevant day" means the last day of the month of October, February, April or June (as the case may be according to whether the academic year of the course begins in the winter, spring, summer or autumn) preceding the beginning of the course;

"relevant institution of higher education in the Republic of Ireland" means an institution listed in Part II of Schedule 4;

"sandwich course" and in relation to such a course any other term defined in paragraph 1 of Schedule 9 shall have the same meaning as in that paragraph;

"specified course" means a course of a type listed in Schedule 2; and in relation to any person any reference (otherwise unqualified) to a specified course shall, as the context requires, be construed as a reference to a specified course which the person attends or has applied to attend and any reference to a specified course shall be construed as a reference to either a course of full-time study or a sandwich course;

"statutory award" means any award made or grant paid by virtue of Article 50 (except a maintenance allowance payable under the Maintenance Allowances (Pupils over Compulsory School Age) Regulations (Northern Ireland) 1996[14]) or Article 51 and includes any comparable award made or grant or other payment made in respect of attendance at a course which is paid out of monies provided by or under any statutory provision;

"student" means a person to whom an award has been made under these Regulations or previous awards regulations;

"supplementary requirement" shall be construed in accordance with paragraph 4 of Schedule 6;

"Swiss Agreement" means the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the free movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002[15];

"the excess period" shall be construed in accordance with paragraph 5(1) of Schedule 6;

"the Income Tax Acts" has the same meaning as in Schedule 1 to the Interpretation Act 1978[16];

"the Order" means the Education and Libraries (Northern Ireland) Order 1986 and a reference by number to an Article is a reference to the Article bearing that number in the Order;

"the Tax Acts" has the same meaning as in Schedule 1 to the Interpretation Act 1978;

"university" means a university in the United Kingdom or the Republic of Ireland and includes a university college and a constituent college, school or hall of such a university.

"year", in respect of a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according as to whether the academic year of the course begins in the winter, spring, summer or autumn respectively; and any reference to the first or the final year of a course shall be construed accordingly.

    (2) In paragraph (1) "parent" shall have the same meaning as in Part II of Schedule 7.

    (3) A period during which a student has supported himself out of his earnings includes any period during which -

(a) he was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;

(b) he was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;

(c) he was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) and (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit; or

(d) he held a postgraduate studentship or comparable award; or

(e) he received any pension, allowance or other benefit paid by reason of a disability to which the student is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person; or

(f) he could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.

    (4) For the purposes of these Regulations, a student shall be treated as irreconcilably estranged from his parents if, but not only if, he has not communicated with either one of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.

    (5) For the purpose of these Regulations, a course, the standard of which is not higher than a first degree course which leads to a qualification as a medical doctor, a dentist, a veterinary doctor, an architect, a landscape designer, a landscape manager, a town planner or a town and country planner shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.

Calculation of income
     3. In calculating a person's income for any year, any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment for the purposes of the relevant tax legislation (the necessary apportionment being made in any case where the relevant provisions of that legislation change during the year).

Termination of marriage
     4. A person's marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.

    (4) The Board shall not be under a duty to make a fees only award where the student is attending a flexible postgraduate course for the initial training of teachers, and for the purposes of this regulation "flexible postgraduate course for the initial training of teachers" means a course of initial teacher training, which has been approved by the Teacher Training Agency[17], the length and pattern of which is determined by the student's experience and training requirements.

    (5) The Board shall not be under a duty to award a maintenance grant where the student is attending a flexible postgraduate course for the initial training of teachers which is of less than one year's duration.

Ordinarily resident
     6.  - (1) If a board is satisfied that a person was not ordinarily resident in the British Islands, or in the European Economic Area or in Switzerland, throughout the 3 years immediately preceding the first year of the specified course or was not resident in a board's area on the relevant day only because that person, his spouse, parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, employed temporarily outside the British Islands or, as the case may be, outside the European Economic Area or in Switzerland, then, for the purposes of paragraph 1(b) of Schedule 1, that person shall not be regarded as having ceased to be so resident only because of his absence from the British Islands or the European Economic Area or in Switzerland, or the board's area in consequence of such employment and paragraph (2) shall not apply in the case of such a person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the British Islands as members of such forces.

    (2) For the purposes of paragraph 1(b) of Schedule 1, a person shall not be regarded as ordinarily resident in the British Islands or the European Economic Area or in Switzerland, if that person was so resident and had taken up that residence wholly or mainly for the purpose of attending a full-time course of education.

    (3) For the purposes of paragraph 1(b) of Schedule 1, a person shall not be regarded as ordinarily resident in the British Islands if that person is personally ineligible for a full award.

    (4) For the purposes of regulation 5(1) the ordinary residence requirements of paragraph 1(b) of Schedule 1 shall not apply in the case of a refugee, ordinarily resident in the British Islands who has not ceased to be so ordinarily resident since he was recognised as a refugee; or in the case of the spouse or child of such a refugee, and paragraph 2(a) of that Schedule shall not apply in the case of a person who -

(a) has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;

(b) has been granted leave to enter or remain accordingly; and

(c) has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain;

or in the case of the spouse or child of such a person.

    (5) The person referred to in paragraph 1(b)(ii) of Schedule 1 is -

(a) a European student;

(b) an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of the Council Regulation or Article 9(2) of Annex 1 to the Switzerland Agreement, or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of either of these Articles;

(c) the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse;

(d) the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the Council Regulation or Article 9(2) of Annex 1 to the Switzerland Agreement or where his migrant worker parent is a national of the United Kingdom by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of either of these Articles.

    (6) In paragraph (5) "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and "child" shall be construed accordingly.

Previous attendance at a course
     7.  - (1) For the purpose of regulation 16(2) and (4) and paragraphs 1(d), 2(c) and (d) and 3 of Schedule 1 -

(a) a person shall not be regarded as having previously attended a course -


(i) unless he has previously both attended and held a statutory award in respect of either more than one course or one course for a period longer than 20 weeks;

(ii) by reason only of his having attended from its beginning the course to which his application for an award relates;



(b) any reference to a person having attended a course shall be construed as a reference to his having done so before or after 1st September 2003;

(c) where an award has been transferred under Schedule 3, the student to whom the award has been made shall be treated as having attended only the new course, and the duration of that course shall be treated as the aggregate of the period spent following the previous course and the period which the student in question would ordinarily require for the completion of the new course in the case of either course being a sandwich course ignoring any periods of experience.

    (2) Nothing in paragraph (1) shall affect the duty of the board to make an award to a person in respect of his attendance at -

(a) a postgraduate course for the initial training of teachers, unless he has -


(i) previously attended such a course; or

(ii) successfully completed a course for the degree of Bachelor of Education (or a comparable first degree or award of an institution or the Council for National Academic Awards) which is referred to in paragraph (3);



(b) a course for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution or the Council for National Academic Awards) the duration of which does not exceed two years and which is referred to in paragraph (3) unless he has previously attended -



(i) such a course whether or not its duration exceeded two years; or

(ii) a postgraduate course for the initial training of teachers;



(c) a full-time course of initial training as a teacher of one year's duration, or a comparable part-time course, not within sub-paragraph (a) or (b), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or comparable course outside Northern Ireland.

    (3) A course is referred to in this paragraph if the successful completion of it resulted or results in the person completing it being a qualified teacher within the meaning of section 132 of the Education Reform Act 2002[18] or eligible to be employed as a teacher under Article 70(1)[19].

    (4) Any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience.

Specified educational facilities
     8. The courses listed in Schedule 2 are specified as educational facilities for the purposes of Article 50(1).

Terms and conditions
     9.  - (1) Awards to be made by boards shall be subject to the terms and conditions set out in Schedule 3.

    (2) Awards to be made by boards shall be either -

(a) a full award in respect of a person's attendance at a specified course during an academic year beginning after 31st August 2003 -


(i) if the person concerned is ordinarily resident in the board's area or is a person described in paragraph 1(b)(ii) of Schedule 1; and

(ii) the duty is not owed to the person only because he is a European student;



(b) where sub-paragraph (a) does not apply, a fees only award in respect of a person's attendance at a specified course at an institution in Northern Ireland during an academic year beginning after 31st August 2003 if the person is a European student.

    (3) Where paragraph (2)(a) applies a person shall not be regarded as ordinarily resident in the area of the board as a result of having moved from England, Scotland, Wales, the Channel Islands or the Isle of Man to become ordinarily resident in the area of a board for the purpose of attending his current course or a previous course and shall be treated as being ordinarily resident in the place from which he has moved.

    (4) Where paragraph (2)(b) applies the fees only award shall be made by the board in whose area the main facility of the institution is situated.

    (5) The reference in paragraph (3) to a previous course is a reference to a course of further education or higher education which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.

    (2) The aggregate of any sums paid in respect of maintenance shall be called the "maintenance grant", and so much of the maintenance grant as appears to the board to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.

    (3) Subject to regulations 16 and 17 and paragraph 4 of Schedule 3, a board may, in respect of a student who resides in an institution other than a university, pay the amount charged by the institution for his board and lodging.

Calculation of maintenance grant
     11.  - (1) Subject to paragraph (2) the sum mentioned in regulation 10(1)(b), shall be the amount by which the student's resources fall short of his requirements and for the purpose of ascertaining that amount -

(a) the requirements of the student shall be taken to be the aggregate of the amounts specified in Schedule 6 other than those specified in paragraphs 9 and 10 as are applicable in this case; and

(b) the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 7 and any contribution applicable in his case by virtue of Part II or III of that Schedule.

    (2) There shall be added to the sum referred to in regulation 10(1)(b) the amount of any supplementary requirements of the student specified in paragraphs 9 and 10 of Schedule 6, less such part of any amount subtracted in accordance with regulation 10(1)(a) as is not required to reduce the amount payable in respect of fees to nil.

    (3) This regulation and Schedules 6 and 7 shall have effect -

(a) in the case of such a student as is mentioned in Schedule 8, subject to the provisions thereof;

(b) where regulation 13 applies, subject as therein provided.

Assessment of requirements and resources
     12. The requirements and resources of a student shall be assessed by the board, and for the purpose of the exercise of its functions under this regulation, the board shall require the student to provide from time to time such information as it considers necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.

Sandwich courses
     13.  - (1) This regulation shall apply where the course is a sandwich course unless the course is a course of initial teacher training.

    (2) For the purpose of calculating payments under regulation 10 in respect of a sandwich year, that regulation and Schedule 6 and 7 shall have effect subject to the provisions of Schedule 9; but no payments in respect of maintenance shall be made in respect of a year in which there are no periods of full-time study.

Courses of teacher training
     14.  - (1) This regulation shall apply -

(a) where the course is a part-time course of teacher training described in paragraph (b) or (c) of the definition of "course of initial teacher training" in regulation 3(1); or

(b) where it is a partly full-time and partly part-time course described in paragraph (c) of the said definition.

    (2) Where the course is described in paragraph (b) of the definition of "course of initial teacher training" in regulation 2(1), the payment in respect of maintenance under regulation 10(1)(b) shall be a grant equal to three-quarters of the sum otherwise payable.

    (3) Subject to paragraphs (4) and (5) where the course is described in paragraph (c) of the definition of "course of initial teacher training" in regulation 2(1), the payment under regulation 10(1)(b) shall be -

(a) in a year in which the student's periods of attendance are all periods of full-time attendance or in which his aggregate period of full-time attendance is 30 weeks or more, the maintenance grant;

(b) in a year in which the student's periods of attendance are all periods of part-time attendance the sum of £325;

(c) in any other year, a sum equal to the aggregate of -


(i) the proportion of the maintenance grant which the student's aggregate period of full-time attendance in the year, expressed in weeks, bears to 30; and

(ii) the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.

    (4) In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except that in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the payment under regulation 11 should be £90.

    (5) In relation to a student attending a course provided at the University of Oxford or the University of Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to -

(a) a period of 30 weeks were a reference to 25 weeks; and

(b) the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.

    (6) For the purposes of this regulation a day shall be reckoned as a seventh of a week, and "attendance" means attendance for the purposes of study or teaching practice.

Method of payment
     15.  - (1) Subject to paragraphs (2) to (6), the board shall make any payment due under these Regulations in such instalments (if any) and at such times as it considers appropriate; and in the exercise of its functions under this regulation the board may make provisional payments pending the final calculation of the award.

    (2) Subject to paragraphs (3) and (4) the board shall pay such fees as are described in Schedule 5 promptly when a valid request for payment in respect thereof has been received.

    (3) Fees described in paragraphs (i), (iii), (v), (vi), (vii), and (ix) of Schedule 5 shall be paid during the period of 10 weeks which begins after the expiry of 3 months from the beginning of the year except in respect of a student who becomes eligible for an award after 1st September 1999 in respect of a course that began before 1st September 1998, in which case fees shall be paid as soon as reasonably practicable thereafter.

    (4) Payment of fees described in paragraphs (ii), (iv), (viii) and (x) of Schedule 5 shall be made in the number of instalments, if any, mentioned therein after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid.

    (5) All payments shall be made to the student, except -

(a) payment of the fees described in Schedule 5 may be made to the academic authority; and

(b) where amounts specified in paragraph 9 or 10 of Schedule 6 are payable to him on his written instruction payment in respect of his maintenance grant may be made to a third party.

    (6) Without prejudice to regulation 16 or the recovery of an overpayment by way of a deduction from a subsequent payment, any overpayment or underpayment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the board.

Reduced entitlement to payments
     16.  - (1) In respect of any period during which the student repeats any part of his course, the board shall not be required to make any payments under regulation 10 but may pay in pursuance of the award such amounts (if any) as it considers appropriate, being amounts not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.

    (2) Paragraph (3) shall apply in the case of a student who -

(a) has previously attended a course of higher education being -


(i) in the case of a specified course, a course of up to two academic years' duration; or

(ii) in the case of a course other than a specified course, a course of two academic years' duration; or



(b) has previously successfully completed a part-time course corresponding to such a course as is mentioned in sub-paragraph (a) ("the previous course") and who holds an award made in respect of a course of initial teacher training or a course listed in paragraph 1 or 5 of Schedule 2, being a course of more than one year's duration ("the current course").

    (3) A board shall only be required to make payments under regulation 10 in pursuance of an award in respect of the current course where -

(a) that course is not more than two years' duration, in respect of the final year of the student's course;

(b) that course is of a greater number of years' duration, in respect of the last two years of the student's course,

but, in respect of any other year of the student's current course it may make such payments as it considers appropriate, not exceeding those payments which would, apart from this regulation, have been payable under regulation 10.

    (4) In paragraphs (2) and (3) any reference -

(a) to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience;

(b) to the final year or years of a student's course is in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course;

(c) to a person's having attended a course shall be construed as provided in regulation 7(1).

    (5) Where a board is under a duty to make an award to a person during a year because he has become -

(a) a European student as a result of the accession of the State of which he is a national or the child of a national to the European Community; or

(b) a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,

it shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 10 the amounts referred to in paragraph (7).

    (6) Where a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[20] and -

(a) his course is an international course, and

(b) all the periods of study during a year are at an institution outside the United Kingdom,

no sum shall be payable in respect of fees under regulation 10(1)(a) in respect of that year.

    (7) The amounts to be deducted under paragraph (5) are -

(a) from the sum payable in respect of fees under regulation 10 any amount payable before the date on which the student became a European student or the refugee was recognised as a refugee; and

(b) from the sum or grant payable in respect of maintenance under regulation 10 the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).

    (8) Where an award has been transferred by the board under paragraph 1(1)(a) or (b) of Schedule 3 and -

(a) the requisite recommendation or consent to the transfer is given after the expiry of four months after the end of the first year of the course in respect of which the award was originally made ("the previous course"); and

(b) the board is not satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent was given after the expiry of the period specified in sub-paragraph (a) was due only to the need to apply through a clearing admission system; and

(c) the board is satisfied, after consulting the academic authority or authorities concerned, that the period which the student in question will ordinarily require for the completion of the course which he now attends ("the current course") will expire later than the period which he would have required for the completion of the previous course,

then the board shall not make payments otherwise due under regulation 10 in respect of the current course in respect of the period mentioned in paragraph (9).

    (9) The period referred to in paragraph (8) is the period which begins on the first day on which the student attends the current course and which ends after the number of weeks mentioned in paragraph (10).

    (10) The number of weeks referred to in paragraph (9) is the difference between the number of weeks from the beginning of the current course which the student in question will ordinarily require to complete it and the number of weeks from the same date which he would have required to complete the previous course.

    (11) Where an award has been transferred under paragraph 1(1)(c) or (d) of Schedule 3 so as to be held in respect of a student's attendance at a course for the degree of Bachelor of Education ("the current course") if the period which the student in question would ordinarily require for the completion of the current course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held ("the overall period of study"), exceeds -

(a) five years where the current course is for the honours degree of Bachelor of Education; or

(b) four years where the current course is for that degree not being an honours degree,

("the prescribed period of study") then the board shall not make payments otherwise due under regulation 11 in respect of the current course in respect of the period mentioned in paragraph (12).

    (12) The period referred to in paragraph (11) is the period beginning on the first day on which the student attends the current course and continues for the number of weeks mentioned in paragraph (13).

    (13) The number of weeks referred to in paragraph (12) is the number of weeks by which the overall period of study exceeds the prescribed period of study.

    (14) In determining the period ordinarily required to complete a course for the purposes of paragraph (8), (10) or (11) there shall be included vacations, and any period until the end of the final year of the course, but there shall be ignored -

(a) in each case, periods of experience which are part of a sandwich course; and

(b) in the case of the previous course any period during which the student would now be required by the academic authority to repeat part of the course, if the board would not make any payments for maintenance in respect of that period under paragraph (1).

    (15) For the purposes of paragraphs (8) and (11) a payment is due in respect of the period mentioned in paragraphs (9) and (12) respectively if it is -

(a) any instalment or other payment on account of fees becoming payable under regulation 11 during that period; or

(b) a sum or grant payable, or the proportion of a sum or grant payable, in respect of maintenance under regulation 10 which relates to that period.

Withholding and reduction of payments
     17.  - (1) Without prejudice to paragraphs 2(1)(c) and 4(2) of Schedule 3 in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 13, the board may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulations 11, 13 or 14.

    (2) No payment shall be made in respect of fees if -

(a) before the date on which the fees become payable the student ceases to attend the course; and

(b) the academic authority has determined or agreed that he will not commence attending again during the year in respect of which the fees are payable, or at all.

    (3) In respect of any period -

(a) after the termination of an award;

(b) during which a student is excluded by the academic authority from attendance at the course; or

(c) during which a student is absent without leave from his course,

any payment in respect of maintenance otherwise due in pursuance of the award shall be reduced by the sum mentioned in paragraph (5).

    (4) In respect of any other period being -

(a) a period during which a student is absent from his course (other than a period of not more than 60 days due to illness); and

(b) where an award held in respect of one course is transferred in pursuance of paragraph 1(1) of Schedule 3 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or

(c) a period during which the student is detained in pursuance of an order made by any court,

the board may reduce any payment in respect of maintenance otherwise due in pursuance of the award by such amount, not exceeding the sum mentioned in paragraph (5), as having regard to all relevant circumstances it considers appropriate.

    (5) The sum referred to in paragraphs (3) and (4) is the aggregate of -

(a) the maintenance grant calculated under regulation 11(1) multiplied by the number of days for which the period in question lasted divided by the number of days in respect of which the grant is payable for the year; and

(b) such portion of the maintenance grant calculated under regulation 11(2) as the board considers appropriate.

    (6) In determining the number of days for which the period in question lasted under paragraph (5) the board shall disregard the first 60 days of any period of absence due to illness.

Revocations, Savings and Transitional Provisions
     18.  - (1) The Students Awards Regulations (Northern Ireland) 2002[21] are hereby revoked.

    (2) Without prejudice to section 29(3)(a) of the Interpretation Act (Northern Ireland) 1954[22] and to the definition of "award in regulation 2(1)", an award made in pursuance of previous Awards Regulations before the coming into operation of these Regulations, insofar as it could have been made in pursuance of these Regulations, shall for the purposes thereof, be treated as having been so made.

    (3) Where the current academic year of a student's course began in the winter or the spring of 2003 then, notwithstanding anything in these Regulations, payments in pursuance of an award made under previous award Regulations to that student in respect of the year beginning on 1st January 2003 or, as the case may be, 1st April 2003 shall be the aggregate of -

(a) two-thirds or, as the case may be, one third of the payments in pursuance of that award which would have fallen to be made in respect of that year under the Students Awards (Northern Ireland) Regulations 2002 had they not been revoked; and

(b) one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 2003 under these Regulations had the academic year of that course begun in the autumn of 2003.

    (4) In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 2003 then, notwithstanding anything in these Regulations, payments in pursuance of an award made under previous Awards Regulations in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of -

(a) three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Students Awards Regulations (Northern Ireland) 2002 had they not been revoked; and

(b) one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 2003 under these Regulations had the academic year of the course begun in the autumn of 2003.

    (5) Where an award was made to a student under Article 50(3) of the Order ("the discretionary award") in respect of a course to which Article 50(1) and (2) did not then apply but the course becomes or has become a specified course and an award within the meaning of these Regulations is or has been made to the student in respect of that course, then if the discretionary award continues to be payable it shall be disregarded in calculating the students income for the purposes of regulation 11(1)(b); but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.

    (6) Where -

(a) an award was made to a person pursuant to previous awards regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997; and

(b) the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course,

a board shall not be excepted from the duty to make an award in respect of the person's attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in paragraph 2(a) of Schedule 1.

    (7) In relation to a person who commenced attendance at an institution of Higher Education in the Republic of Ireland providing a full-time course comparable to one listed in paragraph 1, 2, 3 or 4 of Schedule 2 before 10th July 1997 or could have commenced such attendance before that date but for choosing to defer such attendance, the following provisions of the Students Awards Regulations (Northern Ireland) 1996[23] shall continue to apply as if those Regulations had not been revoked -

(a) the definition of "institution" in regulation 2(1);

(b) sub-paragraph (i) of paragraph (a) in Schedule 6.

    (8) Where an award is made to a person in respect of his attendance at a course the first year of which begins on or after 1st September 1998 the award shall be treated as an award made under Awards Regulations if -

(a) the person had on or before 1st August 1997 received an offer of a place on that course, or on a similar specified course, in either case for a year which begin after 1st September 1998 and before 1st September 1999, and whether conditional on obtaining specified qualifications or not; or

(b) the person received an offer of a place on a specified course for a year which begins before 1st September 1998, and -


(i) the board were satisfied that the person was unable to take up that offer because of illness, and

(ii) the person was offered a place on a specified course, whether or not at the same institution, and the first year of the course begins on or after 1st September 1998 and before 1st September 1999;



(c) the person had received an offer of a place on a specified course for a year which begins before 1st September 1998, and -



(i) he was not able to take up the offer because a specified qualification or grade was not awarded to him,

(ii) he appealed against the decision not to award the qualification or grade to him,

(iii) the appeal was allowed after the last date when he could have taken up the offer, and

(iv) as a result he was offered a place on a specified course, whether or not at the same institution, for a year which begins on or after 1st September 1998 and before 1st September 1999;



(d) the course is a first degree course, and -



(i) he begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and

(ii) an award was made to him in respect of his attendance at the DipHE or HND course which is an award made under previous Awards Regulations other than by virtue of this sub-paragraph (e); or



(e) the course is a postgraduate course for the initial training of teachers, and -



(i) he begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and

(ii) an award was made to him in respect of his attendance at the first degree course which is an award made under previous Awards Regulations other than by virtue of sub-paragraph (d) or this sub-paragraph.

    (9) For the purposes of paragraph (8)(a) a course is similar to another course, if -

(a) the board are satisfied that the subject matter of the course is in part the same as the subject matter of the other course; and

(b) where the offer of a place was on a course which is still offered, the other course is at the same institution.

Sealed with the Official Seal of the Department for Employment and Learning on


22nd October 2003.

L.S.

David McAuley
A senior officer of the Department for Employment and Learning

(a) is not settled in the United Kingdom within the meaning of the Immigration Act 1971[24] at the beginning of the first year of the course in question, unless he is such a person as is mentioned in regulation 6(5);

(b) has, in the opinion of the board, by his conduct shown himself unfitted to hold an award;

(c) has previously attended a first degree course; or

(d) has previously attended one or more courses of higher education, the aggregate duration of which exceeds two academic years (a part-time course being treated as its full-time equivalent).

     3. The board shall not be under a duty to make an award to any person in respect of his attendance at any course for the Diploma of Higher Education or course for the Higher Diploma if he has previously attended any other course defined in regulation 2(1).

"dependant" means, in relation to a student, his spouse, his dependent child, for whom he or his spouse is in receipt of child tax credit under Part I of the Tax Credits Act 2002[25] or an adult dependant, subject however to sub-paragraphs (2) and (3);

"income" means income for the year from all sources (reduced by income tax and social security contributions) but disregarding -

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the person is subject which is not subject to income tax under the Income Tax Acts or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[26];

(c) any allowance payable to his spouse by an adoption agency in accordance with regulations made in pursuance of Article 59A of the Adoption (Northern Ireland) Order 1987[27]

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

(e) in the case of a spouse with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust[28] is boarded out, any payment made to him in pursuance of Article 27 (2)(a) of the Children (Northern Ireland) Order 1995[29];

(f) any payments made to his spouse in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995, or any assistance given by a Health and Social Services Board or a Health and Social Services Trust pursuant to Articles 35 and 36 of that Order, in respect of a person who is not the spouse's child;

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

(h) where the spouse holds an award in respect of a course of teacher training specified in paragraph (c) in the definition of "course of initial teacher training" in regulation 2(1), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 10(1)(b) or so much of those payments as relates to the part-time part of the course;

(i) where the spouse or the student makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first year of his course -


(i) if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;

(ii) if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate;

"relevant award" means a statutory award in respect of a person's attendance at -

(a) a full-time course of higher education or a comparable course outside Northern Ireland;

(b) a course of teacher training specified in paragraph (b) in the definition of "course of initial teacher training" in regulation 2(1);

(c) the full-time part of a course of teacher training specified in paragraph (c) in the definition of "course of initial teacher training" in regulation 2(1), which is partly full-time and partly part-time;

"spouse", except in the definition of adult dependant, shall not include a student's spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.

    (2) A person, including the student's spouse, shall not be treated as a dependant of the student during any period for which that person -

(a) holds a relevant award; or

(b) (save for the purposes of paragraph 15) is ordinarily living outside the United Kingdom.

    (3) A person shall not be treated as a student's adult dependant if the person's net income exceeds £3,280.

     13.  - (1) Subject to the following sub-paragraphs the dependants requirement of a student shall in respect of each academic year be £2,280 in total for only one of the following -

(a) a spouse, or

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

    (2) The amount of dependants requirement under sub-paragraph (1) shall be reduced or extinguished by the difference between -

(a) the aggregate of the net income of each of the student's dependants; and

(b) where the student -


(i) has no dependent child, £1,000;

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

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

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

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



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

    (3) Subject to paragraphs 14 and 15, the dependants requirement of the student shall be -

(a) if the student's spouse holds a statutory award and in calculating payments under it account is taken of the spouse's dependants requirement, one half of the amount determined in accordance with sub-paragraphs (1) and (2);

(b) in any other case, the whole of the amount so determined.

    (4) Where the student -

(a) is entitled to dependants requirement under sub-paragraph (1) and has not made an election under paragraph (3) of Schedule 4 and he has one or more dependent children, in addition to any dependants requirement referred to in the preceding paragraphs he shall be entitled to receive the sum of £1,300;

(b) is entitled to receive dependants requirement under sub-paragraph (1) and has not made an election under paragraph (3) of Schedule 4 and has one or more dependent children, he shall be entitled to receive the sum of £1,300 less the amount up to a maximum of £1,250 by which the aggregate of the net income of each of the student's dependants exceeds the amount applicable in paragraph 13(2)(b) provided such excess amount is less than £1,300.

     14.  - (1) Subject to the following sub-paragraphs, where the student has not made an election under paragraph 3 of Schedule 8 and he or his spouse has elected not to receive the child care element of the working tax credit under Part I of the Tax Credits Act 2002[30], his dependants requirement shall, in respect of each academic year, be increased in respect of childcare costs for each dependent child where the childcare is provided by an approved or registered childcare provider, if -

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

(b) the child has registered special educational needs within the meaning of the Education (Northern Ireland) Order 1996[31] under the age of 17 immediately before the beginning of the academic year.

    (2) The dependants requirement for each week for which a student shall be eligible under sub-paragraph (i) is:

(a) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114·75, or

(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170

except that the student shall not be eligible for any such amount 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.

    (3) Where the amount to be deducted from a student's dependants requirement in accordance with paragraph 13(2) exceeds the amount calculated under paragraph 13(1) and dependants requirement is payable under paragraph 13(2) the amount of such dependants requirement shall be reduced or extinguished by the amount of the excess and if the excess is greater than is required to extinguish any dependants requirement payable under paragraph 13(2) any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the remaining excess.

    (4) Where the amount to be deducted from a students dependants requirement in accordance with paragraph 13(2) exceeds the amount of dependants requirement calculated under paragraph 13(1) and no dependants requirement is payable under sub-paragraph (2), any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the excess.

    (5) Where no amount is to be deducted from a dependants requirement in accordance with paragraph 13(2) because paragraph 13(1) does not apply and dependants requirement is payable under sub-paragraph (2) the amount so payable shall be reduced or extinguished by the difference between -

(a) the aggregate of the net income of each of the student's dependants; and

(b) where the student -


(i) has no dependent child, £1,000;

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

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

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

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



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

    (6) If the difference calculated under sub-paragraph (5) exceeds the amount required to extinguish any dependants requirement payable under sub-paragraph (2) any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the excess.

    (7) Where no amount is to be deducted from a dependants requirement in accordance with paragraph 13(2) because paragraph 13(1) does not apply and no dependants requirement is payable under sub-paragraph (2) the amount of dependants requirement payable under 13(4) shall be reduced or extinguished by the difference between -

(a) the aggregate of the net income of each of the student's dependants; and

(b) where the student -


(i) has no dependent child, £1,000;

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

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

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

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



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

    (8) If the student's spouse holds a statutory award and in calculating payments under it account is taken of the spouse's dependants requirement, the amount calculated under sub-paragraph (2) shall be reduced by one half.

    (9) In this paragraph "approved childcare provider" means a childcare provider within the meaning of the Tax Credit (New Category of Childcare Provider) Regulations 1999[32], who has been approved in accordance with those regulations;

"registered childcare provider" means a person who acts as a child minder or provides day-care and is registered within the meaning of Articles 118, 119 and 120 of the Children (Northern Ireland) Order 1995[33] (registration of child minders and persons providing day care for young children).

     15.  - (1) This paragraph shall apply in the case of a student who maintains a dependant outside the United Kingdom.

    (2) Notwithstanding anything in the foregoing paragraphs of this Part, the student's dependants requirement shall be such amount, if any, as the board considers reasonable in all the circumstances, not exceeding the amount determined in accordance with those paragraphs.

(a) in a case not covered by paragraph (u), the first £900 of income of any description;

(b) the first £4,250 of any payment by way of -


(i) an award made to the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award made in pursuance of Article 50 or 51; and

(ii) in the case of a student released by his employer to attend the course, any payments made by that employer;



(c) any grant to facilitate teacher training paid to the student under regulations made under section 50(1) of the Education (No. 2) Act 1986[34] or any payment made in respect of the student's training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 5 of the Education Act 1994[35]; or under section 65(3) of the Further and Higher Education Act 1992[36];

(d) in the case of a student for whose benefit any income is applied or any payments are required to be applied as described in paragraph 5(5) -the whole of that income or those payments if a parental contribution ascertained in accordance with Part II spouse's contribution ascertained in accordance with Part III is applicable (at whatever amount including nil that contribution is ascertained to be);

(e) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the student is subject and any war widow's or war widower's pension any bounty received as a reservist with the armed forces or in the Royal Irish Regiment or in the Police Service for Northern Ireland Reserve;

(f) remuneration for work done during any academic year of the student's course;

(g) in the case of a student in whose case a parental contribution is by virtue of Part II applicable (at whatever amount, including nil, that contribution is ascertained to be) any payment which is made under covenant by a parent by reference to whose income that contribution falls to be ascertained;

(i) any payment made for a specific educational purpose otherwise than to meet such fees and such requirements for maintenance as are specified in Schedules 5 and 6;

(j) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[37];

(k) any allowance payable to the student by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987[38];

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

(m) in the case of a student with whom a child has been placed by a Health and Social Services Board or a Health and Social Services Trust, under Article 27(2)(a) of the Children (Northern Ireland) Act 1992;

(n) any payment made to the student in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child, or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 35 and 36 of that Order;

(o) income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or any child tax credit or working tax credit under Part I of the Tax Credits Act 2002; or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1978[39];

(p) any housing benefit granted to the student in pursuance of a statutory or local scheme under section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[40] or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[41];

(q) in a case not covered by paragraph (u), the first £3,420 of any pension, allowance or other benefit payable by reason of the student's old age, his retirement, the death of his spouse or parent or another person on whom he was wholly or mainly financially dependent, or by reason of his military or other public service;

(r) any payments made to the student under the action scheme of the European Community for the mobility of university students known as ERASMUS[42], the European Community programme for foreign language competence known as LINGUA[43] or the European Community programme known as LEONARDO DA VINCI[44];

(s) any payment made to the student out of support funds held by the institution at which he attends his course;

(t) any payments made to the student for the maintenance of his child by virtue of any agreement, instrument or statutory provision;

(u) where a parental contribution does not apply because the student falls within paragraph 3 of this Schedule and a spouse's contribution does not apply under Part III of this Schedule, the first £7,500 of income of any description, other than any sum treated as income under sub-paragraph (6).

    (2) Where income may be disregarded under more than one of the sub-paragraphs of paragraph (1) it shall be disregarded under the sub-paragraph or sub-paragraphs which will result in the largest amount of the student's income from all sources being disregarded under paragraph (1).

    (3) Where the student is a European student and his income arises from sources or under legislation different from sources or legislation normally relevant to a person who is settled in the United Kingdom within the meaning of the Immigration Act 1971[45] his income shall be disregarded in accordance with paragraph (1) but shall be disregarded to the extent necessary to ensure that he is treated no less favourably than a person in similar circumstances in receipt of similar income who is settled in the United Kingdom.

    (4) Where a student makes any payment for the maintenance of his child or former spouse or person who lived with him as his spouse by virtue of any agreement, instrument or enactment, the amount of such payment shall be deducted in calculating his income for the purposes aforesaid.

    (5) In the case of a student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes aforesaid there shall be deducted therefrom -

(a) if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;

(b) if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate,

except that no deduction shall be made from the income of a married student where the student's spouse is a dependant for the purpose of Part III of Schedule 6.

    (6) In a case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part II so much of the amount (if any) by which the contribution is reduced under paragraph 4(3), (4), (5) or (6) of that Part as the board considers just shall be treated as part of the student's income for the purposes of regulation 11(1)(b).

    (7) Where the student receives income in a currency other than sterling the value of the income shall be -

(a) if the student purchases sterling with the income the amount of sterling the student receives for it, otherwise

(b) the amount of the sterling which the income would purchase using the rate for the month in which it is received as published by the Office for National Statistics in "Financial Statistics".

the parental contribution in respect of the student shall be such proportion of any contribution ascertained in accordance with this Part as the board (after consultation with any other board or local education authority in Great Britain concerned) considers just.

    (4) For any year in which a statutory award under these Regulations, the Education (Student Support) Regulations (Northern Ireland) 2003[46] or section 63 of the Health Services and Public Health Act 1968[47] but no other statutory award is held by -

(a) more than one child of the student's parent;

(b) his parent; or

(c) the student's step-parent,

the parental contribution in respect of the student shall subject to sub-paragraphs (5) and (6) be such proportion of any contribution ascertained in accordance with this Part as is equal to the proportion in respect of the other or (as the case may be) each other statutory award holder.

    (5) Subject to sub-paragraph (6), if by apportioning the parental contribution in accordance with sub-paragraph (4) it would not all apply to statutory awards and one or more statutory award holders would hold any statutory award to which it could have applied but for the apportionment, the parental contribution shall instead apply -

(a) first to the statutory award of the or (as the case may be) each statutory award holder eligible for the smallest aggregate amount of statutory award to which the contribution may apply, and

(b) then to the statutory award of the remaining statutory award holder or, if there is more than one remaining statutory award holder, equally to the statutory award of each.

    (6) If by apportioning the parental contribution equally in accordance with sub-paragraph (5)(b) -

(a) it would not all apply, and

(b) one or more remaining statutory award holders would hold any statutory award to which it could have applied but for the apportionment

it shall instead apply first to the statutory award of the or (as the case may be) each remaining statutory award holder eligible for the next smallest aggregate amount of statutory award to which it may apply until the balance can be apportioned equally without any remaining statutory award holder holding any statutory award to which it could have applied but for the apportionment.

Gross income
     5.  - (1) For the purposes of this paragraph, "preceding financial year" means the financial year immediately preceding the year in respect of which the resources of the student fall to be assessed "assessment year" and "current financial year" means the financial year which includes the first day of that assessment year; provided that where references to a financial year fall to be construed in accordance with paragraph 2(3) as references to a year ending with a date less than five months before the assessment year, "preceding financial year" shall mean the year ending with a date five or more months before the beginning of that assessment year and "current financial year" shall mean the year ending with a date within those five months.

    (2) Subject to the provisions of this paragraph, "gross income" means the income of the student's parent in the preceding financial year or, for the purpose of calculating residual income under paragraph 2(2), in a financial year there mentioned.

    (3) Where the board is satisfied that the sterling value of the income of the student's parent in the current financial year is likely to be not more than 85 per cent of the sterling value of his income for the preceding financial year, it may for the purpose of calculating the parental contribution ascertain the gross income by reference to the current financial year; and, in such case, sub-paragraph (2) shall have effect, in relation to the assessment year and, if the board so determines, any subsequent year, as if the reference therein to the preceding financial year were a reference to the current financial year.

    (4) Where -

(a) one of the student's parents dies either before or during the assessment year; and

(b) that parent's income has been or would be taken into account for the purpose of determining the parental contribution,

the parental contribution shall -

(c) where the parent dies before the assessment year, be determined by reference to the income of the surviving parent; or

(d) where the parent dies during the assessment year, be the aggregate of -


(i) the appropriate proportion of the contribution determined by reference to the income of both parents, that is to say such proportion thereof as the part of the assessment year during which both parents were alive bears to the full year, subject to a maximum of the same proportion of the student's maintenance requirement as determined in accordance with Schedule 6; and

(ii) the appropriate proportion of the contribution determined by reference to the income of the surviving parent, that is to say such proportion thereof as the part of the assessment year remaining after the parent dies bears to the full year, subject to a maximum of the same proportion of the student's maintenance requirements as determined in accordance with Schedule 6.

    (5) Without prejudice to sub-paragraph (6), where, in pursuance of any trust deed or other instrument or by virtue of any applicable legislation any income is applied by any person for or towards the maintenance, education or other benefit of the student or of any person dependent on the student's parent, or payments made to his parent are required to be so applied, that income, or those payments, shall be treated as part of the gross income of the parent.

    (6) Where any award such as is mentioned in paragraph 1(1)(b)(i) is made by reason of the parent's employment to any member of his family or his household (whether the student or some other such member) who holds a statutory award then that award shall not be treated as part of the gross income of the parent.

    (7) Where the parents do not ordinarily live together throughout the assessment year, the parental contribution shall be determined by reference to the income of whichever parent the board considers the more appropriate in the circumstances.

    (8) Where the parents do not ordinarily live together for part only of the assessment year, the parental contribution shall be the aggregate of -

(a) the proportion, which the part of the assessment year for which the parents do not so live together bears to the full year, of the contribution determined in accordance with sub-paragraph (7) subject to a maximum of the same proportion of the student's maintenance requirements as determined in accordance with Schedule 6; and

(b) the proportion, which the part of the assessment year for which the parents so live together bears to the full year, of the contribution determined without regard to sub-paragraph (7) subject to a maximum of the same proportion of the student's maintenance requirements as determined in accordance with Schedule 6.

    (9) Where the student has a parent and a step-parent, the parental contribution shall be ascertained by reference to the income of the parent.

Deductions
     6.  - (1) For the purposes of determining the income of a student's parent (and, accordingly, the parent's gross income), in computing his taxable income as for the purposes of the Income Tax Acts or for the purposes of the income tax legislation of another member State of the European Community any deductions which fall to be made or exemptions which are permitted -

(a) by way of personal reliefs provided for in Chapter I of Part VII of the Income and Corporation Taxes Act 1988[48], or where the parent's income is computed as for the purposes of the income tax legislation of another member State, any comparable personal reliefs;

(b) in respect of any payment made by the parent under covenant;

(c) in pursuance of any legislation or rule of law with the effect that payments which for the purposes of the law of the United Kingdom are treated as taxable income, are not treated as taxable income; or

(d) without prejudice to the foregoing, of a kind mentioned in sub-paragraph (2), shall not be made or permitted.

    (2) For the purpose of determining a parent's residual income there shall be deducted from his gross income -

(a) in respect of any person, other than a spouse, child or holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,415 exceeds the income of that person in that year;

(b) the gross amount of any sums paid as interest (including interest on a mortgage) in respect of which relief is given under the Income Tax Acts in respect of a loan to the parent; or where the parent's income is computed as for the purposes of the income tax legislation of another member State, the gross amount of any such sums in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(c) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 266, 273, 619 or 639 of the Income and Corporation Taxes Act 1988, or where the parent's income is computed as for the purposes of the income tax legislation of another member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

(d) where the parents ordinarily live together and one of them is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,895;

(e) where a parent whose marriage has terminated either is gainfully employed or is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,895;

(f) in respect of additional expenditure incurred by reason of the fact that the parent lives in a place where the cost of living is higher than that cost in the United Kingdom, such sum (if any) as the board considers reasonable in all the circumstances;

(g) in the case of a parent who holds a statutory award, the amount by which the aggregate of his requirements for his ordinary maintenance (ascertained in accordance with Part I of Schedule 6) and £975 exceeds the sum payable in respect of maintenance in pursuance of that award;

(h) any payments made to the parent of the student pursuant to an order of a competent court for the benefit of a child who is not his child of whom he has custody or care or for whom he provides accommodation;

(i) where the parent's income is computed as for the purposes of the income tax legislation of another Member State, sums equivalent to any amounts which would not be treated as taxable income if that legislation made provision equivalent to the Income Tax Acts.

    (3) In any case where income is computed as for the purposes of the Income Tax Acts by virtue of paragraph 2(4), there shall be deducted from the parent's gross income sums equivalent to the deductions mentioned in head (b), (c), or (d) of sub-paragraph (2), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent's income were in fact total income for the purposes of the Income Tax Acts.

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

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

(c) unpaid service in the prison, probation and aftercare service in the United Kingdom or the Republic of Ireland;

(d) teaching practice;

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

(f) such experience as aforesaid falling wholly within the usual periods of attendance at the institution in any year which do not comprise paid service or employment and which do not aggregate more than either 6 weeks during that year or fall within that year and another year and do not aggregate more than 12 weeks during the 2 years taken together, where that other year has not already been taken into account for the purposes hereof;

(g) unpaid service with -


(i) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[49] or a Special Health Authority established pursuant to section 11 of that Act[50];

(ii) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[51];

(iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[52]; or

(iv) a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[53].

    (2) In the case of a student whose course includes the study of one or more modern languages for not less than one half of the time spent studying on the course and which includes periods of residence in a country whose language is a language of the course, "periods of experience" means such period of residence during which the student is employed.

    (3) For the purposes of determining the prescribed proportion or the modified proportion where the number of weeks in question is not a whole number, a day shall be reckoned as a seventh of a week.

    (4) In the application of this Schedule to a student to whom Schedule 8 applies, references to Schedules 6 and 7 shall be construed as references to those Schedules as modified in accordance with Schedule 8.

    (5) In the application of this Schedule to a student who is attending a course provided at the University of Oxford or the University of Cambridge, the provisions thereof shall have effect as if -

(a) in the definition of "prescribed proportion" in sub-paragraph (1) for the number "30" there were substituted the number "25"; and

(b) in paragraph 3(a) and (b) for "30 weeks 3 days" there were substituted "25 weeks 3 days".

     2. For the purposes of calculating payments in respect of maintenance under regulation 10(1)(b) the prescribed proportion of the aggregate of the amounts specified in Schedule 6 shall, as respects any sandwich year, be treated as the aggregate of the amounts so specified.

     3. The provisions of Schedule 6 shall, as respects any sandwich year, have effect subject to the following modifications -

(a) where the period of full-time study does not exceed 30 weeks 3 days, the student's requirements for his ordinary maintenance shall be the prescribed proportion of the appropriate amount specified in Part I;

(b) where the period of full-time study exceeds 30 weeks 3 days, the student's requirements for his ordinary and supplementary maintenance shall be the aggregate of the appropriate amount specified in Part I and the appropriate amount specified in paragraph 5 of Part II; and

(c) the student's requirement for the maintenance of a dependant shall be the modified proportion of the sum specified in Part III except that where such a requirement falls to be increased under paragraph 16 it shall be increased by the prescribed proportion of the sum there specified.

     4. The provisions of Schedule 7 shall, as respects any sandwich year, have effect subject to the following modifications -

(a) the sum to be disregarded under paragraph 1(1)(a) of Part I shall be the prescribed proportion of £900;

(b) in calculating the student's income -


(i) there shall be disregarded any payment made to him by his employer in respect of any period of experience;

(ii) the prescribed proportion of his income shall be treated as if it were the whole of his income;



(c) the amount of the parental contribution applicable to his case shall be the prescribed proportion of the contribution ascertained in accordance with Part II; and

(d) the amount of the spouse's contribution applicable to his case shall be the prescribed proportion of the contribution ascertained in accordance with Part III.

[2] As amended by S.I. 1993/2810 (N.I. 12): Article 50 and Schedule 4 Part IIback

[3] S.I. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, (S.I. 1998/1760 (N.I. 14)), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, (S.R. 1998 No.460 (c. 22))back

[4] S.R. 1999 No. 481 Article 5(b) and Schedule 3 Part IIback

[5] O.J. No. L257, 19.10.68, p. 2. (O.J./S.E. 1968 (II) p. 475)back

[6] S.I. 1997/1772 (N.I. 15)back

[7] 1994 c. 30back

[8] Cmnd. 2073back

[9] Cmnd. 2183back

[10] 1963 c. 33, section 76 was amended by the Local Authorities etc (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11back

[11] 1999 c. 29back

[12] Cmnd. 9171back

[13] Cmnd. 3906 (Out of Print)back

[14] S.R. 1996 No. 578back

[15] Cm 4904back

[16] 1978 c. 30: definition of "Tax Acts" substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12back

[17] The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30)back

[18] 2002 c. 32back

[19] Article 70 was substituted by S.I. 1987/167 (N.I. 2) Article 8 and amended by S.I. 1993/2810 (N.I. 12) Article 50(2) and Schedule 5back

[20] ERASMUS is part of the European Community action programme SOCRATES, (O.J. No. L87, 20.4.95, p. 10)back

[21] S.R. 2002 No. 265back

[22] 1954 c. 33 (N.I.)back

[23] S.R. 1996 No. 190 was revoked and replaced by S.R. 1996 No. 298back

[24] 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23) sections 10 to 12back

[25] 2002 c. 21back

[26] 1992 c. 7back

[27] S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 22)); the relevant Regulations are S.R. 1996/438back

[28] Health and Social Services Trust (HSST) means an HSS trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ((S.I. 1991/194) (N.I. 1)) by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order (S.I. 1994/429) (N.I. 2))back

[29] S.I. 1995/755 (N.I. 2)back

[30] 2002 c. 21back

[31] S.I. 1996/274 (N.I. 1)back

[32] S.I. 1999/3110, made in exercise of the powers conferred by sections 15(1) and 15(4) of the Tax Credits Act 1999 (c. 10)back

[33] S.I. 1995 No. 755 (N.I. 2)back

[34] 1986 c. 61: section 50 was amended by the Education Act 1993(c. 35), section 278(6), Schedule 19, paragraph 102, Schedule 21 Part II, and by the Education Act 1994 (c. 30), section 13(2) to (4)back

[35] 1994 c. 30back

[36] 1992 c. 13back

[37] 1992 c. 7back

[38] S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are 1996/438back

[39] S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71back

[40] 1992 c. 7; the scheme under section 122(1)(d) is currently constituted by the provisions of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461 as amended by S.R. 1988 Nos. 117, 186, 314 and 424, S.R. 1989 Nos. 125, 260, 366 and 408, S.R. 1990 Nos. 33, 136, 137, 297, 305, 345, 398 and 442, S.R. 1991 Nos. 47, 176, 204, 337 and 520, S.R. 1992 Nos. 6, 35, 85, 141, 201, 284, 298, 404, 435, 444 and 549, S.R. 1993 Nos. 145, 149, 195, 218, 233, 373, 381 and 414, S.R. 1994 Nos. 65, 80, 88, 137, 266, 274 and 335, S.R. 1995 Nos. 64, 71, 101, 129, 223, 280, 367, 410 and 481, S.R. 1996 Nos.11, 73, 84, 92, 93, 111, 115, 181, 221, 291, 334, 375, 405, 448, 476 and 662 and S.R. 1997 Nos. 3, 4, 22, 113, 123, 126, 127, 130, 152 and 170)back

[41] 1992 c. 4; the scheme under Part VII is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017, S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564, S.I. 1991/235, 1175, 1599, 2695 and 2742, S.I. 1992/50, 201, 432, 1101, 1326, 1585, 2148 and 3147, S.I. 1993/317, 349, 518, 963, 1150, 1249, 1540 and 2118, S.I. 1994/470, 542, 578, 781, 1003, 1608, 1807, 1924, 2137, 2139 and 3061, 1995/511, 560, 625, 626, 1339 and 1742, S.I. 1995/1644, 2303, 2792, 2868 and 3282, S.I.1996/30, 194, 462, 965, 1510, 1759, 1803, 1944, 2006, 2432, 2518, 2545 and 3195 and S.I. 1997/65,454, 543, 584 and 582back

[42] O.J. No. L166, 25.6.87, p. 20back

[43] O.J. No. L239, 16.8.89, p. 24back

[44] O.J. No. L340, 29.12.94, p. 8back

[45] 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12back

[46] S.R. 2003 No. 298back

[47] 1968 c. 46back

[48] 1988 c. 1back

[49] 1977 c. 49; section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1) and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 1back

[50] Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31; the National Health Service and Community Care Act 1990 (c. 19) Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2back

[51] 1978 c. 29; Section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service Community Care Act 1990 (c. 19) section 28 and Schedule 9, paragraph 19(1)back

[52] S.I. 1972/1265 (N.I. 14)back

[53] S.I. 1991/194 (N.I. 1): Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8)back

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