Students Awards Regulations (Northern Ireland) 1995

• “income” means income for the year from all sources (reduced by income tax and social security contributions) but disregarding child benefit, any attendance allowance under sections 64 to 67 or disability living allowance under sections 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or any mobility supplement or constant attendance allowance provided for in an order made under section 12(i) of the Social Security (Miscellaneous Provisions) Act 1977²² and in the case of a student’s spouse, less— 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 3(i), 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 12(1)(b) or so much of those payments as relates to the part-time part of the course; where the spouse or the student makes any payment which was previously made by the student in pursuance of an obligation incurred before the first year of his course— if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question; 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; and any allowance payable to the spouse by an adoption agency in accordance with the Adoption (Northern Ireland) Order 1987²³; where a child in the care of the Department of Health and Social Services or a Health and Social Services Board is boarded out with the spouse, any payment made to the spouse in pursuance of section 114(1) of the Children and Young Persons Act (Northern Ireland) 1968²⁴; and any guardian’s allowance to which the spouse is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “relevant award” means a statutory award in respect of a person’s attendance at a full-time course of higher education or a comparable course outside Northern Ireland;

• “spouse”, except in the definition of adult dependent, 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 dependent 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 dependent or as his dependent child—

• (a) in the case of a person other than a child of the student, if his income exceeds by £800 or more the sum specified in paragraph 13(4)(a);

• (b) in the case of a child of a student who either has a spouse who is, or but for sub-paragraph (2) would be, his dependent or has an adult dependent, if the child’s income exceeds by £800 or more the sum specified in paragraph 13(4)(b) and applicable to his age;

• (c) in the case of a child of a student not falling within head (b), if either—

• (i) the child is the only or eldest child dependent on the student whose income exceeds by £800 or more the sum specified in paragraph 13(4)(a); or

• (ii) the child’s income exceeds by £800 or more the sum specified in paragraph 13(4)(b) and applicable to his age.

13

• (1) This paragraph shall apply in the case of all students with dependents.

• (2) Subject to paragraphs 14 and 15, the dependents 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 dependents' requirement, one half of the amount determined in accordance with sub-paragraphs (3) and (4);

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

• (3) The amount referred to in sub-paragraph (2) shall be the amount which is X − (Y − Z) where—

• (a) X is the aggregate of the relevant sums specified in sub-paragraph (4);

• (b) Y is the aggregate of the income of the student’s dependents;

• (c) Z is so much of the sum ascertained by multiplying £800 by the number of his dependents as does not exceed Y.

• (4) The relevant sums referred to in sub-paragraph (3) are—

• (a) except where the student has a spouse who is the holder of a relevant award, £1,820;

• (b) in respect of each dependent child—

• (i) under the age of 11 years immediately before the beginning of the academic year, or born during that year, £385;

• (ii) then aged 11 years or over, but under 16, £765;

• (iii) then aged 16 years or over but under 18, £,1,010;

• (iv) then aged 18 years or over, £1,460,34

except that the only or eldest dependent child shall be disregarded for the purposes hereof if the student has neither an adult dependent nor a spouse who is, or but for paragraph 12(2) would be, a dependent.

14

• (1) This paragraph shall apply in the case of a student with dependents who maintains a home for himself and a dependent at a place other than that at which he resides while attending the course.

• (2) The student’s dependents requirement (determined in accordance with paragraph 13(2)(a) or (b)) shall be increased by £635.

15

• (1) This paragraph shall apply in the case of a student who maintains a dependent outside the United Kingdom.

• (2) Notwithstanding anything in the foregoing paragraphs of this Part, the student’s dependents 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.

PART IV — Older students

16

• (1) In this Part, any reference to any provision of any of the Tax Acts passed before the Income and Corporation Taxes Act 1988²⁵ shall, in respect of a financial year ending after 5th April 1988, be construed as a reference to the corresponding provision of that Act in so far as that Act is applicable.

• (2) This Part shall apply in the case of a student who attained the age of 26 years before the first year of the course in respect of which his award was originally made and—

• (a) has, where his course started before 1st September 1986, been in full-time employment for a total of three of the six years immediately preceding that year;

• (b) has, where his course started after 31st August 1986, in the three years immediately preceding that year earned or received by, way of such fit or income support as is chargeable to income tax under respectively section 219 of the Income and Corporation Taxes Act 19970²⁶ of the Finance Act 1981²⁷ or 1987²⁸ sums totalling at least £12,000; or

• (c) held an award in respect of his attendance at a previous course and—

• (i) where the previous course started before 1st September 1986 was in full-time employment as aforesaid immediately preceding the first year of that previous course;

• (ii) where the previous course started on or after 1st September 1986 had earned or received such sums as are mentioned at sub-paragraph (b) in the three years immediately preceding the first year of that previous course; or

• (iii) was a person to whom an older student’s allowance was paid under previous awards regulations.

17

In relation to a student to whom this Part applies, the requirements referred to in regulation 13(1)(a) shall, in addition to the ordinary maintenance requirement,include where at the beginning of the first year of his course-(a) he was aged 26 years, the sum of £300;

• (b) he was so aged 27 years, the sum of £535;(c) he was so aged 28 years, the sum of £800;

• (d) he was so aged 29 or more years, the sum of fl,045.

PART V — Interpretation of Parts I to IV

18

In this Schedule—

• (a) A reference to the home of the student’s parents shall be construed, in the case of a student whose spouse attends a full-time course at any institution, as including a reference to the home of the parents of the student’s spouse; and

• (b) A reference to a requirement, expenditure or attendance in respect of which no period of time is specified shall be construed as a reference to a requirement, expenditure or attendance for the year.

19

• (1) For the purposes of this Schedule, attendance at an institution or the undertaking of a period of study is a necessary part of a student’s course only where the board is satisfied that if the student did not attend the institution or undertake the period of study, he would not be eligible to complete his course and, for the purpose of being so satisfied, the board may require the matter to be evidenced by a certificate given by the academic authority.

• (2) For the purposes of this paragraph, “institution” includes an “overseas institution”.

SCHEDULE 8 — RESOURCES

PART I — Student’s income

Calculation of student’s income

1

• (1) In calculating the student’s income for the purposes of regulation 13(1)(b) there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, but there shall be disregarded the following resources—

• (a) the first £800 of any income other than income of a kind mentioned in the following provisions of this sub-paragraph and other than any sum treated as income under sub-paragraph (3);

• (b) the first £3,865 of any income 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 5 1; and

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

• (c) 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)—

• (i) the whole of that income or those payments if a parental contribution ascertained in accordance with Part 11 or a spouse’s contribution ascertained in accordance with Part III is applicable (at whatever amount including nit that contribution is ascertained to be), or

• (ii) the first: £1,810 of that income or those payments if such a contribution would be applicable but for the fact that the student has no parent living or is such a student as is described in paragraph 3(b), (c), (d) or (e);

• (d) any disability pension not subject to income tax;

• (e) any income received as a reservist with the armed forces or in the Royal Irish Regiment or in the Royal Ulster Constabulary Reserve;

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

• (g) in the case of a student in whose case a parental contribution is by virtue of Part 11 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;

• (h) any payment made for a specific educational purpose otherwise than to meetsuch fees and such requirements for maintenance as are specified in Schedules 6 and 7;

• (i) child benefit;

• (j) any income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1987²⁹;

• (k) any attendance allowance under sections 64 to 67 or disability living allowance under sections 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or any mobility supplement or constant attendance allowance provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977³⁰;

• (1) any housing benefit granted to him in pursuance of a scheme under section 122(i)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992³¹ or a scheme under Part VII of the Social Security Contributions and Benefits Act 1992³²;

• (m) in the case of a student with whom a child in the care of the Department of Health and Social Services Board is boarded out, any payment made in pursuance of section 1 14(i) of the Children and Young Persons Act (Northern Ireland) 1968³³;

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

• (o) any payments made to the student under the action programme of the European Community in Education and Training for Technology known as COMETT³⁴;

• (p) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS³⁵or the European Community programme for foreign language competence known as LINGUA³⁶;

• (q) the first £3,030 of any pension other than one of the kind mentioned at sub-paragraph (d), however described, and including any such pension paid to the student as a widow, child or dependent;

• (r) any payment made to the student in pursuance of the Education (Student Loans) (Northern Ireland) Order 1990³⁷;

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

• (2) 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 of regulation 13(i)(b) 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 itappropriate,

except that no deduction shall be made from the income of a married student where the student’s spouse is a dependent for the purposes of Part III of Schedule 7 and, in pursuance of paragraph 13 thereof, the payment is taken into account in determining the spouse’s income.

• (3) 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(4) thereof as the board considers just shall be treated as part of the student’s income for the purposes of regulation 13(1)(b).

PART II — Parental contribution

Interpretation of Part II

2

• (1) In this Part—

• “child” includes a person whether under or over compulsory school age and a person adopted in pursuance of adoption proceedings and a step-child but, except in paragraph 4, does not include a child who holds a statutory award and, except as otherwise provided by paragraph 5, “parent” shall be construed accordingly;

• “gross income” has the meaning assigned to it by paragraph 5;

• “income of the student’s parent” means the total income of the parent from all sources computed as for income tax purposes, except as otherwise provided by paragraph 5 or 6;

• “residual income” means, subject to sub-paragraph (2), the balance of gross income remaining in any year after the deductions specified in paragraph 6 have been made;

• “total income” has the same meaning as in section 835(1) of the Income and Corporation Taxes Act 1988³⁸.

• (2) Where, in a case not failing within paragraph 5(3) or 5(4), the board is satisfied that the income of the parent in any financial year is as a result of some event beyond his control likely to be, and to continue after that year to be, not more than 85% of his income in the financial year preceding that year, it may, for the purpose of enabling the student to attend the course without hardship, ascertain the parental contribution for the year of his course in which that event occurred by taking as the residual income the average of the residual income for each of the financial years in which that year falls.

• (3) Where the student’s parent satisfies the board that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then if the board and the parent so agree any reference in this Part to financial year shall be construed as a reference to a year ending with such date as appears to the board expedient having regard to the accounts kept in respect of that business or profession and the periods covered thereby.

• (4) Where a parent is in receipt of any income which does not form part of his total income by reason only that—

• (a) he is not resident, ordinarily resident or domiciled in the United Kingdom;

• (b) the income does not arise in the United Kingdom; or

• (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any statutory provision,

his income for the purposes of this Part shall be computed as though the income first mentioned in this sub-paragraph were part of his total income.

Application of Part II

3

A parental contribution ascertained in accordance with this Part shall be applicable in the case of every student except—

• (a) an independent student;

• (b) a student in respect of whom the board is satisfied either—

• (i) that his parents cannot be found; or

• (ii) that it is not reasonably practicable to get in touch with them;

• (c) a student who has been in the care of the Department of Health and Social Services or a Health and Social Services Board or in a voluntary home as defined in section 126 of the Children and Young Persons Act (Northern Ireland) 1968³⁹ throughout the three months immediately preceding—

• (i) the first year of his course; or

• (ii) without prejudice to head (i), his attaining the age of 18 years where he had attained that age before the first year of his course,

and has not, at any time, during the said period of three months been allowed by that Department or that Board to be under the charge and control of his parents or, in the case of a student who has been in a voluntary home, has not, at any time during such period, been under such charge and control;

• (d) a student whose parents are residing overseas where the board is satisfied either—

• (i) that the assessment of a parental contribution would place those parents in jeopardy; or

• (ii) that it would not be reasonably practicable for those parents to send any such contribution to the United Kingdom;

• (e) where sub-paragraph (7) of paragraph 5 applies and the parent whom the board considered the more appropriate for the purposes of that sub-paragraph has died.

Parental contribution

4

• (1) The parental contribution shall, subject to sub-paragraphs (2), (3), and (4) be—

• (a) in any case in which the residual income is £14,845 or more but less than £18,974, £45 with the addition of £1 for every complete £12·00 by which it exceeds £14,845;

• (b) in any case in which the residual income is £18,974 or more but less than £27,885, £388 with the addition of £1 for every complete £8·55 by which it exceeds £18,974; and

• (c) in any case in which the residual income is £27,885 or more, £1,431 with the addition of £1 for every complete £6·90 by which it exceeds £27,885,

reduced in each case, in respect of each child of the parent (other than the student) who is wholly or mainly dependent on him on the first day of the year for which the contribution falls to be ascertained, by £75; and in any case in which the residual income is less than £14,845 the parental contribution shall be nil.

• (2) The amount or (where a contribution is ascertained in respect of more than one child of the parent) the aggregate amount of the parental contribution shall not exceed £5,800 in any case.

• (3) For any year in which a statutory award is held by—

• (a) more than one child of the parent;

• (b) the parent; or

• (c) the student’s step-parent,

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 1987⁴² 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.

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