Students Awards Regulations (Northern Ireland) 1995

the parental contribution for 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, provided that where a contribution is ascertained in respect of more than one child of the parent the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award.

• (4) Where in any year a student attends only part of his course the parental contribution for that year shall be reduced pro rata.

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;

Deductions

6

• (1) For the purposes of determining the income of a student’s parent (and, accordingly, the parent’s gross income), in so far as in computing his total income for income tax purposes any deductions fall to be made—

• (a) by way of personal reliefs provided for in Chapter I of Part VII or section 280 of the Income and Corporation Taxes Act 1988;

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

• (c) in pursuance of any Act passed after the passing of the Finance Act 1987[^f00042] on15th May 1987; or

• (d) without prejudice as aforesaid, of a kind mentioned in sub-paragraph (2),

the parent’s income shall be determined as though those deductions did not fall to be made.

• (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 £1,875 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;

• (c) half of the gross amount of any premium payable under a policy of life insurance in respect of which relief is given under section 266 of the Income and Corporation Taxes Act 1988 (life policy and certain other premiums) in the relevant year;

• (d) the gross amount of any other premium or sum in respect of which relief is given under sections 266, 273, 619 or 639 of that Act in the relevant year;

• (e) 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 £1,470;

• (f) 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 £1,470;

• (g) 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;

• (h) 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 7) and £760 exceeds the sum payable in respect of maintenance in pursuance of that award.

• (3) In any case where income is computed as though it were total income 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.

PART III — Spouse’s contribution

Application of Part III

7

A spouse’s contribution ascertained in accordance with this Part shall be applicable in the case of every man student ordinarily living with his wife and every woman student so living with her husband except—

• (a) a student in whose case a parental contribution is applicable in accordance with Part II; and

• (b) a student whose child holds an award in respect of which a parental contribution is applicable.

Spouse’s contribution

8

• (1) Subject to sub-paragraphs (3) and (4), Part II shall, with the exception of paragraphs 3, 4(1), (2), (3)(a) and (b), 5(4), (7), (8), and 5(9) and 6(2)(f), apply with the necessary modifications for the ascertainment of the spouse’s contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed as references to the student’s spouse and this Part shall be construed as one with the said Part II.

• (2) The spouse’s contribution shall be—

• (a) in any case in which the residual income is £11,745 or more but less than £18,974, £10 with the addition of £1 for every complete £9·05 by which it exceeds £11,745; and

• (b) in any case in which the residual income is £18,974 or more but less than £27,884, £808 with the addition of £1 for every complete £6·50 by which it exceeds £18,974; and

• (c) in any case in which the residual income is £27,884 or more, £2,178 with the addition of £1 for every complete £5·15 by which it exceeds £27,884;

reduced, in any such case, by £100 in respect of each child of the student who is dependent on him or his spouse on the first day of the year for which the contribution falls to be ascertained; and in any case in which the residual income is less than £11,745 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £5,800 in any case.

• (3) If the student marries during any year for which the contribution falls to be ascertained, the contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the date of the marriage and whichever is the earlier of the end of that year and the end of the course.

• (4) If the student’s marriage terminates during any year for which the contribution falls to be ascertained, the contribution for that year shall be the fraction of the sum ascertained in accordance with sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the beginning of that year and the termination of the marriage.

SCHEDULE 9 — Single students with dependents

1

This Schedule shall apply in the case of a student who does not ordinarily live with a spouse or with another person as a spouse.

2

• (1) This paragraph shall apply where the student has dependents within the meaning of Part III of Schedule 7.

• (2) In the case of such a student—

• (a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 8 shall be £1,735 instead of £800; or

• (b) the requirements under paragraph 13 of Schedule 7 shall be treated as increased by the sum of £900; or

• (c) in the case of a student to whom Part IV of Schedule 7 applies, his requirements shall be treated as including the sum specified in paragraph 17 thereof,

whichever is the most favourable to him (disregarding head (b) where, in pursuance of paragraph 3, he elects as mentioned therein).

3

• (1) This paragraph shall apply in the case of a student with one or more child dependents under the age of 19 years and for the purpose of this paragraph “child” shall have the same meaning as in Part III of Schedule 7.

• (2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 7 shall be disregarded and that instead there shall in calculating his income be disregarded £2,090 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £660 in respect of every other such child.

SCHEDULE 10 — Sandwich courses

1

• (1) 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.

• (2) In the application of this Schedule to a student to whom Schedule 9 applies, references to Schedules 7 and 8 shall be construed as references to those Schedules as modified in accordance with Schedule 9.

• (3) 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, this Schedule shall have effect as if—

• (a) in the definition of “prescribed proportion” in regulation 3(1) for the number “30” there were substituted the number “25”; and

• (b) in paragraph 2(a) and 3(b) for “30 weeks 3 days” there were substituted “25weeks 3 days”.

2

The provisions of Schedule 7 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 amounts specified in Part 1;

• (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;

• (c) the student’s requirement for the maintenance of a dependent shall be the modified proportion of the sum specified in Part III except that where such a requirement falls to be increased under paragraph 14 it shall be increased by the prescribed proportion of the sum there specified; and,

• (d) if the student is a person to whom Part IV applies, his requirements under that Part shall be the modified proportion of the amount there specified.

3

The provisions of Schedule 8 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 £800 and the reference in paragraph 1(1)(c) to £1,810 shall be construed as a reference to the aggregate of £1,010 and the prescribed proportion of £800;

• (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

Signed

Sealed with the Official Seal of the Department of Education on

Robson Davison — Assistant Secretary — 4th January 1995.

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st February 19955 and have effect retrospectively from 1st September 1994 revoke and replace, with amendments, the Students Awards Regulations (Northern Ireland) 1993 (“the previous Regulations”).

Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986, S.I. 1986/594 (N.I. 3) (“the Order of 1986”).

The Regulations govern the making of awards (“mandatory awards”) which it is the duty of education and library boards to make to specified persons. They do not relate to awards (“discretionary awards”) which, in pursuance of Article 50(3) of the Order of 1986, boards may make under arrangements approved by the Department of Education.

While their text and format do not repeat exactly the provision made in England and Wales, the Regulations maintain parity of awards for Northern Ireland students with their English and Welsh counterparts including reduced basic maintenance grant and tuition fee levels. They parallel in substance most of the provisions of the Education (Mandatory Awards) (No. 2) Regulations 1993 (S.I. 1993/2914) made by the Secretary of State for Education relating to awards for students in England and Wales.

The principal changes (other than the changes in the rates of fees, grants and allowances) as compared with the previous Regulations, are described as follows:

The maximum fees payable for the final years of courses which are ordinarily completed a substantial period of time before the end of the academic year of an institution are now limited to the amount payable in respect of the first one, two or three instalments in the other years of the course, depending on how early the course is completed (regulation 18(3)(c) and (d) and paragraph (ix) of Schedule 6).

The provision specifying the earliest times for the payment of instalments has been amended to make it clear that it covers the payment of two, three or four instalments, beginning with a payment after the first date on which the student is required to attend his course after the beginning of the academic year and continuing with one, two or three further payments after the next following first dates on which the student is required to attend his course after specified dates (regulation 18(4)(a)).

The provision removing the obligation to make payments for fees when a student has ceased to attend a course but not completed it has been amended in the case of courses which begin in the autumn and the fees for which are payable in three instalments. The first, second or third instalment will be payable if the student continues to attend the course until 15th November, 15th February or 31st May respectively (regulation 18(6)).

The provision authorising the payment of validation fees has been amended so that fees payable for the validation of a course provided at an institution which is not maintained or assisted by recurrent grants paid out of public funds are now subject to the maximum applying to other fees payable to such institutions, and that maximum has been raised accordingly (paragraph (a) and (c) of Schedule 6).

A mandatory award only in respect of tuition and other fees, which must be no higher than those charged to students from the United Kingdom continues to be available only to nationals of a member state of the European Community who are not entitled to a full mandatory award, and is not made available to nationals from other states within the European Economic Area who are not so entitled.

The residence requirement, which nationals from member states of the European Community and migrant workers must satisfy has been extended to apply to residence within the European Economic Area.

Provision has been made to enable boards to provide up to the 1993/94 maximum fee levels for students attending a course at an institution in the Republic of Ireland (Schedule 6(a)(3)(i)).

The discretion given to boards to pay a student’s travel expenses or medical insurance expenses in relation to a period of study outside the United Kingdom which is not a necessary part of the student’s course has been removed (paragraph 7(3) and 9(2) of Schedule 7).

Provision has been made to reflect the fact that under the European Economic Area Agreement nationals of countries within the European Economic Area in addition to nationals of countries within the European Community have rights arising under Council Regulation (EEC) 1612/68. In accordance with Article 7(2) or (3) or 12 of that Regulation they are entitled to awards under these Regulations.

Footnotes

[^f00001]: As amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Sch. 4 Part 11

[^f00002]: S.I. 1986/594 (N.I. 3)

[^f00003]: S.R. 1993 No. 439

[^f00004]: O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (11) p. 475)

[^f00005]: S.I. 1989/2406 (N.I. 20) as amended by S.I. 1993/2810 (N.I. 12) Art 50(1) and Sch. 4 Part 11

[^f00006]: Cmnd. 2073

[^f00007]: Cmnd. 2183

[^f00008]: 1977 c. 49.amended by paragraph 11 of Schedule 3 to the Health and Social Security Act 1984(c. 48)

[^f00009]: 1978 c. 29

[^f00010]: S.I. 1972/1265 (N.I. 14)

[^f00011]: Cmnd. 9171

[^f00012]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Student Support Branch, Department of Education, Rathgael House, Balloo Road, Bangor. Co. Down BT19 7PR)

[^f00013]: S.R. 1994 No. 298

[^f00014]: 1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 7 1, Schedule 15, paragraph 12

[^f00015]: 1992 c. 7

[^f00016]: Section 35(1) was amended by Regulation 2 of S.R. 1994 No. 176

[^f00017]: Part XI was amended by Article 2 of S.R. 1994 No. 82 and by Articles 3 and 5(1) of the Statutory Sick Pay (Northern Ireland) Order 1994 (S.I. 1994/766 (N.I. 5))

[^f00018]: Part XII was amended by Article 4(b) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10)) and by S.R. 1994 No. 176

[^f00019]: 1981 c. 61

[^f00020]: 1954 c. 33 (N.I.)

[^f00021]: S.I. 1990/1506 (N.I. II)

[^f00022]: 1977 c. 5. The relevant order currently in force is the Naval, Military and Air Forces, Etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883 amended by S.I. 1983/1116 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598 and 1994/772 and 1906)

[^f00023]: S.I. 1987/2203 (N.I. 22)

[^f00024]: 1968 c. 34 (N.I.)

[^f00025]: 1988 c. 1

[^f00026]: 1970 c. 10

[^f00027]: 1981 c. 35

[^f00028]: 1987 c. 16

[^f00029]: S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1989 No. 371 and 485, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1993 No. 150

[^f00030]: 1977 c. 5. The relevant order currently in force is the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883 amended by S.I. 1983/1116 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156,1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598 and 1994/772 and 1906)

[^f00031]: 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. 1999 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 and S.R. 1994 Nos. 65, 74, 80, 81, 88, 137, 233, 266 and 274)

[^f00032]: 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 and S.I. 1994/470, 542, 578, 1003, 1608, 1807, 1924 and 2137)

[^f00033]: 1968 c. 34 (N.I.)

[^f00034]: O.J. No. L222, 8.9.816, p. 17

[^f00035]: O.J. No. L166, 25.6.87, p. 20

[^f00036]: O.J. No. L239, 16.8.89, p. 24

[^f00037]: S.I. 1990/1506 (N.I. II)

[^f00038]: 1988 C. 1

[^f00039]: Section 126 was amended by Part II of Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

[^f00040]: 1958 c. 23 (N.I.)

[^f00041]: 1988 C. I

[^f00042]: 1987 c. 16