Students Awards Regulations (Northern Ireland) 1998

• (c) started the course on or after 1st September 1996, immediately before starting that course (disregarding any intervening vacation) attended a full-time course or further or higher education which he had started before 1st September 1996 and had earned or received such sums as are mentioned at sub-paragraph (a) in the three years immediately preceding the first year of that previous course.

16

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 £340;

• (b) he was so aged 27 years, the sum of £595;

• (c) he was so aged 28 years, the sum of £885;

• (d) he was so aged 29 or more years, the sum of £1,165.

Part V — Fees

17

The requirements referred to in regulation 13(1)(a)(ii) and (iii) shall include the aggregate amount payable in respect of any such fees as are described in paragraph (a)(i), (vii), (viii), (ix) and (xi) of Schedule 5, other than such fees as are payable in respect of a course for the initial training of teachers described in the definition of “course of initial teacher training” in regulation 3(1).

Part VI — Interpretation of Parts I to V

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 and “overseas institution”.

SCHEDULE 7 — 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 51; and

• (ii) in the case of a student released by his employer to attend the course, any payments made by the 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 II or a spouses contribution ascertained in accordance with Part III is applicable (at whatever amount including nil 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 living or is such a student as is described in paragraph 3(b), (c), (d) or (e);

• (d) any pension, allowance or other benefit paid by reason of a disability to which the student is subject, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person, which is not subject to income tax under the Income tax Acts or, where the student’s 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;

• (e) any income received as a reservist with the armed forces of a state of which the student is a national, 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 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;

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

• (i) any benefit or allowance paid to the student for the benefit of a child of his or of whom he has custody or care or for whom he provides accommodation, by any state authority or agency, national, regional or local;

• (j) any payment made to the student in pursuance of 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;

• (k) any benefit or allowance paid to the student to meet or defray the cost of housing by any state authority or agency, national, regional or local;

• (l) any means tested benefit or allowance paid to the student by any state authority or agency, national, regional or local, in respect of a period during which he was not available for work for any reason;

• (m) the first £3,030 of any pension, allowance or benefit paid for the benefit of the student and not referred to in any other sub-paragraph, including any pension paid to the student as a widow, child or dependent;

• (n) any payments made to the student under the programmes of the European Community known as COMETT[^f00021] and Leonardo Da Vinci[^f00022];

• (o) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS[^f00023] or the European Community programme for foreign language competence known as LINGUA[^f00024];

• (p) 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(1)(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 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 purposes of Part III of Schedule 6 and, in pursuance of paragraph 12(1) of that Schedule, the payment is taken into account in determining the spouses 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(3) of that Part as the board considers just shall be treated as part of the student’s income for the purposes of regulation 13(1)(b).

• (4) 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 value 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”.

Part II — Parental Contribution

Interpretation of Part II

2

• (1) In this Part—

• “child” includes 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;

• “financial year” means the period of 12 months for which the income of the student’s parent is computed for the purposes of the income tax legislation which applies to it;

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

• “income of the student’s parent” means the taxable income of the parent from all sources computed as for the purposes of the Income tax Acts or as for the purposes of the income tax legislation of another member State of the European Community which applies to the parent’s income, or where the legislation of more than one member State applies in respect of the same period, as for the purposes of the legislation pursuant to which the board considers that the parent will pay the largest amount of tax in that period, 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.

• (2) Where, in a case not falling within paragraph 5(3) or (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 a 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 taxable income by reason only that—

• (a) he is not resident, ordinarily resident or domiciled in the United Kingdom, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State of the European Community, not so resident, ordinarily resident or domiciled in that member State;

• (b) the income does not arise in the United Kingdom, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, does not arise in that member State; or

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

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 taxable income.

• (5) Where the income of the student’s parent is computed as for the purposes of the income tax legislation of another member State—

• (a) it shall be computed in the currency of that member State;

• (b) the value of any deduction mentioned in paragraph 6(2) shall be the amount of that currency required to purchase the sterling value of the deduction; and

• (c) the value of the sterling which the income of the student’s parent in that currency would purchase shall be determined, and shall constitute the income of the student’s parent for the purposes of this Part.

• (6) The rate applied in determining the sterling value of another currency under paragraph (5) shall be the rate for the month in which the last day of the financial year in question falls as published by the Office for National Statistics in “Financial Statistics”.

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; or

• (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 pursuant to an order of a competent court has been in the custody or care of or has been provided with accommodation by—

• (i) a state authority or agency, national, regional or local;

• (ii) a voluntary or charitable organisation; or

• (iii) any person who is not the student’s parent

throughout the three months immediately preceding the first year of his course, or if he cannot satisfy that requirement and he attained the age of 18 before the first year of his course, throughout the three months immediately preceding his attaining that age; provided that—

• (iv) where head (i) applies the student has not at any time in the said period of three months been allowed by the authority or agency to be under the charge and control of his parents,

• (v) where head (ii) applies the student has not at any time in the said period in fact been under such charge and control,

• (d) a student whose parents are residing outside the European Community 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 £16,945 or more but less than £21,660, £45 with the addition of £1 for every complete £13·00 by which it exceeds £16,945;

• (b) in any case in which the residual income is £21,660 or more but less than £31,840, £407 with the addition of £1 for every complete £9·20 by which it exceeds £21,660; and

• (c) in any case in which the residual income is £31,840 or more £1,513 with the addition of £1 for every complete £7·50 by which it exceeds £31,840,

reduced in each case, in respect of each child of the parent (other than the student) who is wholly or mainly dependant 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 £16,945 the parental contributions 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 £6,125 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 contributions that would be ascertained if only one child held an award.

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 the 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 the 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 requirements 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 be 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 the way of personal reliefs provided for in Chapter I of Part VII 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, 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 income which for the purposes of the law of the United Kingdom is subject to income tax, or would be subject to income tax but for the deductions or exemptions, is not subject to income tax; 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 £2,140 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) 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) or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, half of 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) the gross amount of any other premium or sum in respect of which relief is given under section 266, 273, 619 or 639 of that Act, 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;

• (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 £1,680;

• (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 £1,680;

• (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 6) and £870 exceeds the sum payable in respect of maintenance in pursuance of that award;

• (i) 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;

• (j) any income not referred to in sub-paragraph 2(4) which is exempt from tax under the Income Tax Acts, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, any income not referred to in sub-paragraph 2(4) which would be exempt from tax under that legislation if it made provision equivalent to those 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 taxable income for the purposes of the Income Tax Acts.

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 women 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 paragraph 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (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 Part II.

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

• (a) in any case in which the residual income is £13,405 or more but less than £21,665, £10 with the addition of £1 for every complete £9·80 by which it exceeds £13,405;

• (b) in any case in which the residual income is £21,665 or more but less than £31,835, £852 with the addition of £1 for every complete £7·05 by which it exceeds £21,665; and

• (c) in any case in which the residual income is £31,835 or more , £2,294 with the addition of £1 for every complete £5·60 by which it exceeds £31,835;

reduced, in any such case, by £100 in respect of each child of the student who is dependant 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 £13,405 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £6,125 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 8 — Single students with dependants

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 dependants within the meaning of Part III of Schedule 6.

• (2) In the case of such a student—

• (a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 7 shall be £1,735 instead of £800; or

• (b) the requirements under paragraph 12 of Schedule 6 shall be treated as increased by the sum of £1,000; or

• (c) in the case of a student to whom Part IV of Schedule 6 applies, his requirements shall be treated as including the sum specified in paragraph 16 of that Schedule,

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

3

• (1) This paragraph shall apply in the case of a student with one or more child dependants 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 6.

• (2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 6 shall be disregarded and that instead there shall in calculating his income be disregarded £2,320 in respect of his only or eldest child such is mentioned in sub-paragraph (1) and £730 in respect of every other such child.

SCHEDULE 9 — Sandwich courses

1

• (1) In this Schedule—

• “modified proportion” means the proportion which the number of weeks in the year in which there are no periods of experience for the student in question bears to 52;

• “periods of experience” means, subject to sub-paragraph (2), periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;

• “prescribed proportions” means the proportion which the number of weeks in the year for which the student in question attends the institution for bears to 30, except that, where that proportion is greater than the whole, it means the whole;

• “sandwich course” means a course consisting of alternative periods of full-time study at an institution and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year of the course; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period;

• “sandwich year” means, as respects any student, any year of a sandwich course which includes both periods of full-time study in the institution and periods of experience, other than— unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland; unpaid service with a public body in the United Kingdom or the Republic of Ireland acting in the exercise of its function 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; unpaid service in the prison, probation and aftercare service in the United Kingdom or the Republic of Ireland; teaching practice; unpaid research in an institution or, in the case of a student attending an overseas institution as a necessary part of his course, in a overseas institution; 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 of 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; unpaid service with— a Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00025] or a Special Health Authority established pursuant to section 11 of that Act[^f00026]; a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00027]; or a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00028]; or a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00029].

• (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 for which he is in gainful employment.

• (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 12(1)(b)(ii) and (2)(c)(ii) the prescribed proportion of aggregate of the amounts specified in regulation 12(3) 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 the 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;

• (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 13 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.

4

In the case of an old award 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 £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.

5

In the case of a transitional award Schedule 7 shall as respects any sandwich year have effect subject only to disregarding any payment to the student by his employer in respect of any period of experience in calculating his income.

Signed

Sealed with the Official Seal of the Department of Education on

Robson Davison — Assistant Secretary — 4th August 1998.

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st September 1998, revoke and replace, with amendments the Students' Awards Regulations (Northern Ireland) 1997 as amended by the Students' Awards (Amendment) Regulations (Northern Ireland) 1998 (“the previous Regulations”).

The changes of substance made by these Regulations other than the changes in the rates of fees, grants and allowances are described in the following paragraphs.

Students who began course before 1st September 1998, and certain other students, will be eligible for awards under which payments are broadly the same as those available under the previous Regulations (see the definition of “old award” in regulation 3(1) and regulation 8(4)). These include the payment of tuition fees in full and a means-tested maintenance grant.

Students beginning courses during the period 1st September 1998 to 31st August 1999 will be eligible for a transitional award, under which smaller means-tested grants will be paid for one year only (see the definition of “transitional award” in regulation 3(1)). The amount of the grant will in the first instance be paid in respect of maintenance and then any balance in respect of fees (regulation 12(2)(c)). The maximum fee normally paid will now be £1,000 (Schedule 5 paragraph (a)(i)). Certain fees will continue to be paid in full regardless of means (regulation 12(2)(a)). European students will continue to be eligible for a fees only award to cover the cost of fees, but payments will be means-tested in the same fashion as payments pursuant to full awards (regulation 12(2)(b)). Students commencing courses at the Pontifical College, Maynooth, or the Royal College of Surgeons in Ireland during the period 1st September 1998 to 31st August 1999 will also contribute up to a maximum of £1,000 for tuition fees, subject to means. However, Education and Library Boards will pay the balance of fees up to a prescribed maximum, depending on the type of course (Schedule 5 paragraph (a)(iii)).

The means-testing arrangements for transitional awards are broadly the same as those for old awards, under which a grant for the difference between a student’s requirements and his resources is paid. A student’s requirements will now include the fees he is required to pay (Part V of Schedule 6). His resources include as at present a parental contribution (Part II of Schedule 7). The means-testing arrangements are modified in the case of certain students who will be paying fees of £500 rather than £1,000 (regulation 13(3)).

Special provision is made for students attending courses for which grants are paid under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972. Their awards will be treated as “old awards” (Schedule 1 and regulation 8(4)(e)).

Special provision is made for transitional award holders where the year of their course is a sandwich year (regulation 15 and Schedule 9 paragraph 4). Their resources, including any parental or spouse’s contribution, are not modified except that, in calculating the student’s income, any payment made to him by his employer in respect of any period of experience is disregarded.

Special provisions are made for transitional award holders who are attending course of initial teacher training other than first degree courses. The fees payable in respect of them are to be paid without reference to their resources (regulation 12(2)(a)).

The allowances for personal help, major items of specialist equipment, travel expenses and other expenditure payable in respect of an award holder who is obliged to incur additional expenditure on these items as a result of his disability are now payable without reference to his resources (regulation 12(3)).

References to student loans and career development loans have been removed from the list of payments which are expressly not taken into account in determining whether payments under the Regulations should be made in a particular year. Payments under loans will still not be taken account of, because they do not fall within the type of payment of which account is taken in any event (regulation 17(2)). A similar change has been made in Schedule 7, paragraph 1.

The arrangements for the payment of fees have been simplified. Fees payable for certain courses are now payable in a single instalment (regulation 18(3)). No payment of fees shall be made if the student abandons his course before the date on which they become payable (regulation 20(2)). Lower fees are now payable in respect of an academic year of an international course which is spent in full-time study at the overseas institution (Schedule 5, paragraph (a)(viii)). Lower fees are also payable in respect of one academic year of a course where the student undertakes either a period of experience or a period of full-time study overseas which, in aggregate with such periods undertaken in previous years, amount to a year away from the United Kingdom institution (Schedule 5, paragraph (a)(xi)).

The method for calculating reductions in payments in respect of maintenance which the education and library board may or shall make in specified circumstances where the student is absent from his course for a period has been clarified (regulation 20(5)).

References to United Kingdom legislation in relation to social security benefits, income tax and the care of children have been modified throughout the Regulations to apply to the circumstances of European students as it does to United Kingdom students. Provision has been made for calculating income in currencies other than sterling, and for determining the sterling equivalent of that income (Schedule 7, paragraphs 1(4) and 2(5)).

Footnotes

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

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

[^f00003]: S.R. 1997 No. 361

[^f00004]: S.R. 1998 No. 50

[^f00005]: O.J. No. L 257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 475)

[^f00006]: S.I. 1997/1772 (N.I. 15)

[^f00007]: 1994 c. 30

[^f00008]: Cmnd 2073

[^f00009]: Cmnd 2183

[^f00010]: Cmnd. 9171

[^f00011]: 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)

[^f00012]: S.R. 1996 No. 578

[^f00013]: 1978 c. 30; definition of “the Tax Acts” substituted by 1987 c. 16, section 71, and Schedule 15, paragraph 12

[^f00014]: 1954 c. 33 (N.I.)

[^f00015]: S.I. 1972/1265 (N.I. 14)

[^f00016]: 1988 c. 40

[^f00017]: As amended by S.I. 1993/2810 (N.I. 12) Article 42(2)

[^f00018]: S.R. 1996 No. 190 was revoked and replaced by S.R. 1996 No. 298; regulation 21 was saved by S.R. 1997 No. 361

[^f00019]: 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 12

[^f00020]: 1988 c. 1

[^f00021]: O.J. No. L 222, 8.8.86, p. 17

[^f00022]: O.J. No. L 340, 29.12.94, p. 8

[^f00023]: O.J. No. L 166, 25.6.87, p. 20

[^f00024]: O.J. No. L 239, 16.8.89, p. 24

[^f00025]: 1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

[^f00026]: 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 2

[^f00027]: 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 and Community Care Act 1990 (c. 19) Section 28 and Schedule 9, paragraph 19(1)

[^f00028]: S.I. 1972/1265 (N.I. 14)

[^f00029]: 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)

Editorial notes

[^key-49a53367fbb042423345675a001f686f]: Reg. 1 in operation at 1.9.1998, see reg. 1

[^key-50a9e43351408d8cdf813996111928c7]: Reg. 2 in operation at 1.9.1998, see reg. 1

[^key-0af6653bf1fda935047c11a4a360cad8]: Reg. 3 in operation at 1.9.1998, see reg. 1

[^key-12aa72d9ad3a239e83b97c5248dab54e]: Reg. 4 in operation at 1.9.1998, see reg. 1

[^key-3a32e7df28efe2669d2f140bf8548e0e]: Reg. 5 in operation at 1.9.1998, see reg. 1

[^key-17c3078627439522dd7ba96725f8669d]: Reg. 6 in operation at 1.9.1998, see reg. 1

[^key-29a99a2799caa763c5f3467166cf9e3d]: Reg. 7 in operation at 1.9.1998, see reg. 1

[^key-12d5a06a7da7c6dfdfde76d54df2ca97]: Reg. 8 in operation at 1.9.1998, see reg. 1

[^key-2e9a56864efe00d9e6b82e89b5c52271]: Reg. 9 in operation at 1.9.1998, see reg. 1

[^key-7f733e39dea5b38d571cbfc5db1b38ea]: Reg. 10 in operation at 1.9.1998, see reg. 1

[^key-26169199b92ecab1c468481d658296dc]: Reg. 11 in operation at 1.9.1998, see reg. 1

[^key-c6a31c596de8bbdeca5be3854941a379]: Reg. 12 in operation at 1.9.1998, see reg. 1

[^key-184bf89262479658cb24991c81d644c8]: Reg. 13 in operation at 1.9.1998, see reg. 1

[^key-45da2effebce18d45e39cc5f7c129eec]: Reg. 14 in operation at 1.9.1998, see reg. 1

[^key-df2b1ff55aa82500cd58815b394416a5]: Reg. 15 in operation at 1.9.1998, see reg. 1

[^key-62aafef1550c1b45452a4b9160e32b02]: Reg. 16 in operation at 1.9.1998, see reg. 1

[^key-9986d358eb40a758d93a2b086e868aaa]: Reg. 17 in operation at 1.9.1998, see reg. 1

[^key-73026d2751e5664097c5d7096906cdcd]: Reg. 18 in operation at 1.9.1998, see reg. 1

[^key-ff2f3d21a1271b8e068979532c12b40d]: Reg. 19 in operation at 1.9.1998, see reg. 1

[^key-74d1e0d8d813ed1a0a1c18eb07455263]: Reg. 20 in operation at 1.9.1998, see reg. 1

[^key-1cec1d57d2e73a26f6cf397a80917e0c]: Reg. 21 in operation at 1.9.1998, see reg. 1

[^key-3f2006c2aa0872ae6418bfe74dca160a]: Sch. 1 para. 1 in operation at 1.9.1998, see reg. 1

[^key-a239820049326ef4776d2fd4e6a11b96]: Sch. 1 para. 2 in operation at 1.9.1998, see reg. 1

[^key-fc698994eb2be5802497de31a3c7d6d0]: Sch. 1 para. 3 in operation at 1.9.1998, see reg. 1

[^key-71b9b4b3e51af701e9279753b23d9ab3]: Sch. 2 para. 1 in operation at 1.9.1998, see reg. 1

[^key-f69e6f537c999bbd732e2e98134c7df0]: Sch. 2 para. 2 in operation at 1.9.1998, see reg. 1

[^key-d1c9553bd73fb7faa96ee512bee9c78c]: Sch. 2 para. 3 in operation at 1.9.1998, see reg. 1

[^key-ddaa9b2737d74eb8a6d8ab3f5e92ecea]: Sch. 2 para. 4 in operation at 1.9.1998, see reg. 1

[^key-3d485bfee0199e1527db72d832b74166]: Sch. 2 para. 5 in operation at 1.9.1998, see reg. 1

[^key-928087c89f161eef01e339d9c01b0dbb]: Sch. 2 para. 6 in operation at 1.9.1998, see reg. 1

[^key-d4a9f308af1612862833da2a98399c41]: Sch. 3 para. 1 in operation at 1.9.1998, see reg. 1

[^key-0766c503b700a5073ca9a947dd6de657]: Sch. 3 para. 2 in operation at 1.9.1998, see reg. 1

[^key-20052c7c167862843b7409b7d75a5a1f]: Sch. 3 para. 3 in operation at 1.9.1998, see reg. 1

[^key-39977c6a5ad12f404a06e7f30e06d4f4]: Sch. 3 para. 4 in operation at 1.9.1998, see reg. 1

[^key-f958d556984bd06f210c22c56af96fd3]: Sch. 6 para. 1 in operation at 1.9.1998, see reg. 1

[^key-496a11af927801b9b097b1bc06ab247c]: Sch. 6 para. 2 in operation at 1.9.1998, see reg. 1

[^key-634e398e1aaddbdf32a671ade064da58]: Sch. 6 para. 3 in operation at 1.9.1998, see reg. 1

[^key-4cd24df77f4146ecfe08b6431abaf781]: Sch. 6 para. 4 in operation at 1.9.1998, see reg. 1

[^key-57bc119d49f973faef9cf57a0fd37370]: Sch. 6 para. 5 in operation at 1.9.1998, see reg. 1

[^key-190863395a0b773b9f271805b6bbbc2e]: Sch. 6 para. 6 in operation at 1.9.1998, see reg. 1

[^key-5501e0a8f8dcf7791d97b3f1fc63b6c1]: Sch. 6 para. 7 in operation at 1.9.1998, see reg. 1

[^key-8e2f6faf2a7ffa6f6b2191158e67d9a3]: Sch. 6 para. 8 in operation at 1.9.1998, see reg. 1

[^key-8200e7dac7c0836125bc5a817b92d268]: Sch. 6 para. 9 in operation at 1.9.1998, see reg. 1

[^key-28d43353ebe93f64c650fae2f2e7f0f3]: Sch. 6 para. 10 in operation at 1.9.1998, see reg. 1

[^key-9c5d9728b11b90ec206d49e20517cd43]: Sch. 6 para. 11 in operation at 1.9.1998, see reg. 1

[^key-4d60a1808fc5005b841855f400da51de]: Sch. 6 para. 12 in operation at 1.9.1998, see reg. 1

[^key-d8cdd7906c18a7a0581643e425c64d52]: Sch. 6 para. 13 in operation at 1.9.1998, see reg. 1

[^key-cf9abcd60caa7951a5aac36924c5949c]: Sch. 6 para. 14 in operation at 1.9.1998, see reg. 1

[^key-537a90218a3ba8b9b8101047d7b67a63]: Sch. 6 para. 15 in operation at 1.9.1998, see reg. 1

[^key-f09d5d074d819342d912f7ffa57faeb6]: Sch. 6 para. 16 in operation at 1.9.1998, see reg. 1

[^key-e0b6049c01dd6d9a6b0bb5e8fd72c714]: Sch. 6 para. 17 in operation at 1.9.1998, see reg. 1

[^key-86ff687905e7534f562b7c44d209c4f6]: Sch. 6 para. 18 in operation at 1.9.1998, see reg. 1

[^key-3860386b41992c1b3aec4c8580c29333]: Sch. 6 para. 19 in operation at 1.9.1998, see reg. 1

[^key-9f647db3bf7f25339d0ca52051f79af4]: Sch. 7 para. 1 in operation at 1.9.1998, see reg. 1

[^key-d6b73b27cc56dee6cbabb9251b0ada4b]: Sch. 7 para. 2 in operation at 1.9.1998, see reg. 1

[^key-6cb6f74eac071770b32afeb8d223f9b1]: Sch. 7 para. 3 in operation at 1.9.1998, see reg. 1

[^key-5dd0e8bb54ab0989fb09d2c466f1dd4a]: Sch. 7 para. 4 in operation at 1.9.1998, see reg. 1

[^key-c43164fc12ca385b7954c2d3ca502ee7]: Sch. 7 para. 5 in operation at 1.9.1998, see reg. 1

[^key-d3966bf35267eacb3047f3fa7cee0bad]: Sch. 7 para. 6 in operation at 1.9.1998, see reg. 1

[^key-9de55a0f7554ddea82a8a9334e547b74]: Sch. 7 para. 7 in operation at 1.9.1998, see reg. 1

[^key-01c38251639341edbed1ace40ec633c6]: Sch. 7 para. 8 in operation at 1.9.1998, see reg. 1

[^key-2376d447550ed0a1e66651d5c0e834a3]: Sch. 8 para. 1 in operation at 1.9.1998, see reg. 1

[^key-141219829af2c1b859942ad4dbf6d61d]: Sch. 8 para. 2 in operation at 1.9.1998, see reg. 1

[^key-865bbff029ef1d3ded8106acc019dc12]: Sch. 8 para. 3 in operation at 1.9.1998, see reg. 1

[^key-daf81e17db522b7e42e869550de82621]: Sch. 9 para. 1 in operation at 1.9.1998, see reg. 1

[^key-3add751fb961b7da35c1d19431ec9bb1]: Sch. 9 para. 2 in operation at 1.9.1998, see reg. 1

[^key-55911f0d3142767f149fd791c3e40e52]: Sch. 9 para. 3 in operation at 1.9.1998, see reg. 1

[^key-cd92ee65e1ceaa7b29843849310fc742]: Sch. 9 para. 4 in operation at 1.9.1998, see reg. 1

[^key-0db046d32cca9eb88359a64bb8c7f566]: Sch. 9 para. 5 in operation at 1.9.1998, see reg. 1

[^key-7ccde23c3d901e26a9995624c4a05a47]: Sch. 4 Pt. I in operation at 1.9.1998, see reg. 1

[^key-b85d1680781467a9f8dcd3de68c838fc]: Sch. 4 Pt. II in operation at 1.9.1998, see reg. 1