Students Awards Regulations (Northern Ireland) 1999

• “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 total 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 any three month period ending on a date on or after the date on which he attains the age of 16 and before the first day of his course; provided that he has not at any time from the beginning of the three month period to the first day of his course in fact been under the charge or control of his parents.

• (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 £17,370 or more but less than £22,200, £45 with the addition of £1 for every complete £13 by which it exceeds £17,370;

• (b) in any case in which the residual income is £22,200 or more but less than £32,635, £416 with the addition of £1 for every complete £9.20 by which it exceeds £22,200; and

• (c) in any case in which the residual income is £32,635 or more £1,550 with the addition of £1 for every complete £7.50 by which it exceeds £32,635,

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 £17,370 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 £6,280 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.

Gross income

5

• (1) For the purposes of this paragraph, “preceding financial year” means the financial year immediately preceding the year in respect of which the resources of the student fall to be assessed (“assessment year”) and “current financial year” means the financial year which includes the first day of that assessment year;

• Provided that where references to a financial year fall to be construed in accordance with paragraph 2(3) as references to a year ending with a date less than five months before the assessment year, “preceding financial year” shall mean the year ending with a date five or more months before the beginning of that assessment year and “current financial year” shall mean the year ending with a date within those five months.

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

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

• (4) Where—

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

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

the parental contribution shall—

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

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

• (i) the appropriate proportion of the contribution determined by reference to the income of both parents, that is to say such proportion thereof as the part of the assessment year during which both parents were alive bears to the full year, subject to a maximum of the same proportion of the student’s maintenance 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 by reference to the income of whichever parent the board considers the more appropriate in the circumstances.

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

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

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

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

Deductions

6

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

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

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

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

• (d) without prejudice to the foregoing, of a kind mentioned in sub-paragraph (2),

shall not be made or permitted.

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

• (a) in respect of any person, other than a spouse, child or holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,195 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 £1,720;

• (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 £1,720;

• (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 £890 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) where the parent’s income is computed as for the purposes of the income tax legislation of another member State, sums equivalent to any amounts which would not be treated as taxable income if that legislation made provision equivalent to the Income Tax Acts.

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

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 (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 £14,700 or more but less than £22,200, £45 with the addition of £1 for every complete £9.80 by which it exceeds £14,700;

• (b) in any case in which the residual income is £22,200 or more but less than £32,635, £810 with the addition of £1 for every complete £7.05 by which it exceeds £22,200; and

• (c) in any case in which the residual income is £32,635 or more, £2,290 with the addition of £1 for every complete £5.60 by which it exceeds £32,635;

reduced, in any such case, by £75 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 £14,700 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall in no case not exceed £6,280.

• (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 £1,780 instead of £820; or

• (b) the requirements under paragraph 13 of Schedule 6 shall be treated as increased by the sum of £1,025; 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 17 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 £2,380 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £750 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 proportion” 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 alternate 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 functions relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the Republic of Ireland; 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 an 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 or fall within that year and another year and do not aggregate more than 12 weeks during the 2 years taken together, where that other year has not already been taken into account for the purposes hereof; unpaid service with— a Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00036] or a Special Health Authority established pursuant to section 11 of that Act[^f00037]; a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00038]; or a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00039]; or a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00040].

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

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

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

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

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

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

2

For the purposes of calculating payments in respect of maintenance under regulation 11(1)(b) the prescribed proportion of the aggregate of the amounts specified in Schedule 6 shall, as respects any sandwich year, be treated as the aggregate of the amounts so specified.

3

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

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

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

• (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 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.

4

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

• (a) the sum to be disregarded under paragraph 1(1)(a) of Part I shall be the prescribed proportion of £820 and the reference in paragraph 1(1)(c) to £1,855 shall be construed as a reference to the aggregate of £1,035 and the prescribed proportion of £820;

• (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

Alan McVeigh — Assistant Secretary — 10th August 1999.

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st September 1999, 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.

Article 50 (1) and (2) of the Education and Libraries (Northern Ireland) Order 1986, under which the Regulations are made, was repealed on 1st January 1999 with transitional and saving provisions for courses beginning before 1st September 1999, and certain other courses. These Regulations provide for payments under awards made under previous regulations for courses beginning before 1st September 1998, and certain other courses (“old awards”) but do not provide for payments under awards made under the 1998 Regulations for courses beginning on or after 1st September 1998 and before 1st September 1999 (“transitional awards”). See the definition of “award” in regulation 3 and regulation 6(2). Payments under transitional awards, which provide for the first year of a course only, will continue to be made under the 1998 Regulations: see the saving provision in regulation 6(5). Awards for courses beginning after 1st September 1999 can be made under these Regulations, but only in certain caseswhere students have started a course directly after completing a course which began before 1st September 1998 (regulation 7(2)).

The purpose of these Regulations is therefore limited to ensuring that students who began their course before 1st September 1998 and certain other students, continue to receive awards and payments under the Students Awards Regulations until the end of their courses. The number of students entitled to awards and payments will decline, until after a number of years there will be no students receiving support under the 1986 Order which will then be spent. Students who began their courses on or after 1st September 1998, subject to the exceptions mentioned, were entitled to one year of support pursuant to transitional awards, and they, together with students beginning courses on or after 1st September 1999, are now entitled to financial support by way of loan and grant under regulations made under Articles 3 and 8(4) of the Student Support (Northern Ireland) Order 1998.

The rates of grant have been increased in line with forecast inflation. Because one year transitional awards will continue to be dealt with under the 1998 Regulations the new Regulations provide one level of support, equivalent to the level of support for old awards in the 1998 Regulations, and all reference to transitional awards and different rates of support for transitional awards has been removed (regulations 11 and 12 and Schedule 6).

A number of minor changes have been made. Rates of grant for students studying abroad have been reduced from three bands to two bands (definition of “high cost” and “higher cost” countries in regulation 3). The existing practice of treating medical and architecture courses, which often result in two successive first degrees being conferred, as one overall course leading to a first degree has been confirmed (regulation 4(5)).

Regulation 17 in the 1998 Regulations provided that a student who received income by way of scholarship, bursary or studentship, or from an employer who released him from his duties to attend the course, was not entitled to payments in respect of any year when that income exceeded the amount of payments he would otherwise be entitled to. This provision has been revoked. Instead provision is now made for such income to be taken account of as part of the student’s resources in determining the means tested element of grants for maintenance and in addition in determining the amount of the otherwise non-means tested grant for fees (regulation 11(1)(a) and grant for disabled students and students who have left care (regulation 12(2) and paragraphs 9 and 10 of Schedule 6.) This is to ensure consistency with the approach adopted in Regulations under Article 3 of the Student Support Order 1998.

The definition of fees for which grant is available has been amended so that it is consistent with the definition in Article 2 of the Student Support Order 1998, which definition is used in regulations under Article 3 of that Order (Schedule 5).

The provision for disabled students has not been significantly altered, but has been moved from regulation 11 to paragraph 9 of Schedule 6. New provision has been made for students who have left care (paragraph 10 of Schedule 6). Such students may now be entitled to grant for the long vacation, recognising additional living costs when students do not have a family home to return to.

The calculation of student’s resources has not been altered significantly, but income which should be disregarded has been expressed by reference to defined UK sources of income (paragraph 1(a) of Schedule 7). Provision has been made for assessing the income of European students in paragraph 1(3) of Schedule 7.

The requirement that a parental contribution be assessed does not apply in the case of a student who has left care and the circumstances in which a student is treated as having left care have been amended. Any student who had previously been in care for three months, at any time from the age of 16 until he begins the course and who has not returned to his parents during that period or subsequently, benefits from this treatment (paragraph 3(c) of Schedule 7).

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. 1998 No. 273

[^f00004]: S.R. 1998 No. 300

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: O.J. No. L257, 19.10.68, p.2 (O.J./S.E. 1968 (II) p.475)

[^f00007]: S.I. 1997/1772 (N.I. 15)

[^f00008]: 1994 c. 30

[^f00009]: Cmnd 2073

[^f00010]: Cmnd 2183

[^f00011]: 1963 c. 33; Section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11

[^f00012]: Cmnd. 9171

[^f00013]: 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)

[^f00014]: S.R. 1996 No. 578

[^f00015]: 1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12

[^f00016]: 1998 No. 460 (c. 22) came into operation on 1 January 1999 for the purpose of bringing into operation the repeal of Article 50(1) and (2) of the Order

[^f00017]: 1988 c. 40

[^f00018]: As amended by S.I. 1993/2810 (N.I. 12) Article 42(2)

[^f00019]: 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 and 1998 No. 273

[^f00020]: 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

[^f00021]: 1992 c. 7

[^f00022]: S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are S.R. 1996/438

[^f00023]: Health and Social Services Trust (HSST) means an HSS trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))

[^f00024]: S.I. 1995/755 (N.I. 2)

[^f00025]: 1988 c. 1

[^f00026]: 1986 c. 61; section 50 was amended by the Education Act 1993 (c. 35), section 278(6), Schedule 19, paragraph 102, Schedule 21 Part II, and by the Education Act 1994 (c. 30), section 13(2) to (4).

[^f00027]: 1992 c. 7

[^f00028]: S.I. 1987/2203 (N.I.22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are 1996/438.

[^f00029]: S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71.

[^f00030]: 1992 c. 7; the scheme under section 122(1)(d) is currently constituted by the provisions of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461 as amended by S.R. 1988 Nos. 117, 186, 314 and 424, S.R. 1989 Nos. 125, 260, 366 and 408, S.R. 1990 Nos. 33, 136, 137, 297, 305, 345, 398 and 442, S.R. 1991 Nos. 47, 176, 204, 337 and 520, S.R. 1992 Nos. 6, 35, 85, 141, 201, 284, 298, 404, 435, 444 and 549, S.R. 1993 Nos. 145, 149, 195, 218, 233, 373, 381 and 414, S.R. 1994 Nos. 65, 80, 88, 137, 266, 274 and 335, S.R. 1995 Nos. 64, 71, 101, 129, 223, 280, 367, 410 and 481, S.R. 1996 Nos. 11, 73, 84, 92, 93, 111, 115, 181, 221, 291, 334, 375, 405, 448, 476 and 662 and S.R. 1997 Nos. 3, 4, 22, 113, 123, 126, 127, 130, 152 and 170).

[^f00031]: 1992 c. 4; the scheme under Part VII is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017, S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564, S.I. 1991/235, 1175, 1599, 2695 and 2742, S.I. 1992/50, 201, 432, 1101, 1326, 1585, 2148 and 3147, S.I. 1993/317, 349, 518, 963, 1150, 1249, 1540 and 2118, S.I. 1994/470, 542, 578, 781, 1003, 1608, 1807, 1924, 2137, 2139 and 3061, 1995/511, 560, 625, 626, 1339 and 1742, S.I. 1995/1644, 2303, 2792, 2868 and 3282, S.I. 1996/30, 194, 462, 965, 1510, 1759, 1803, 1944, 2006, 2432, 2518, 2545 and 3195 and S.I. 1997/65, 454, 543, 584 and 582).

[^f00032]: O.J. No. L166, 25.6.87, p. 20

[^f00033]: O.J. No. L239, 16.8.89, p. 24

[^f00034]: O.J. No. L340, 29.12.94, p. 8

[^f00035]: 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.

[^f00036]: 1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

[^f00037]: 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

[^f00038]: 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)

[^f00040]: 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)