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Education (Student Support) Regulations (Northern Ireland) 2000

Type Ni-Statutory-Rule

Publication 2000-05-19

Last updated 2000-05-20

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(8) Such application shall be made by completing and submitting to the Department an application in such form as it may require not later than one month before the end of the academic year.

(9) A student shall sign a declaration on the application form in the terms set out in paragraph (3).

Hardship loans

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(1) An eligible student who has applied for the maximum amount of loan in respect of an academic year which has been notified to him and received at least one instalment of that loan may apply to the Department for a determination that he is eligible for an additional loan on grounds of hardship, which shall be known as a “hardship loan”.

(2) A hardship loan shall be £100 or a multiple thereof not exceeding £500.

(3) An eligible student shall demonstrate his eligibility for a hardship loan by providing such evidence of his requirements and resources as the Department may require.

(4) The Department shall determine the amount of hardship loan which it considers the student requires, and the student shall be eligible for a hardship loan of that amount.

(5) An eligible student who is eligible for a hardship loan shall apply for a loan not greater than the amount referred to in paragraph (4) by completing and submitting to the Department an application in such form as it may require not later than one month after the date he receives notice of the determination under paragraph (4) and one month before the end of the academic year.

(6) A student shall sign a declaration on the application form in the terms set out in regulation 20(3).

Part VI — Financial Assessment

Calculation of contribution

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(1) An eligible student’s contribution in respect of an academic year, if any, shall be the aggregate of his income for that year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.

(2) For the purposes of the exercise of the Department’s functions under the Order and regulations made under it, it shall require an eligible student to provide from time to time such information as it considers necessary as to the income of any person whose means are relevant to the assessment of his contribution.

Application of contribution

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(1) The maximum amounts of grants or loans for which an eligible student shall be eligible shall be the amounts remaining after subtracting in accordance with this regulation his contribution from the maximum amount of any—

(a) grant for fees for which he is eligible under regulation 10, other than fees payable in respect of his attendance at a course—

(i) at an institution which is neither maintained nor assisted by recurrent grants out of public funds;

(ii) at a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 other than a course for a first degree;

(iii) at a university or relevant institution of higher education in the Republic of Ireland unless the eligible student is eligible for grant for fees in accordance with Regulation 10(8) or (9);

(iv) undertaken at the Pontifical College, Maynooth, or at the Royal College of Surgeons in Ireland, which the student began to attend after 31st August 1998 and before 1st September 1999;

(v) at the Union Theological College, the Edgehill College, and the Irish Baptist College, Belfast, or the Belfast Bible College, for the degrees of Bachelor of Divinity, Bachelor of Theology or the Diploma in Theology of the Queen’s University of Belfast;

(b) grant for dependants for which he is eligible under regulation 15;

(c) loan for living costs for which he is eligible under regulation 18, other than a loan to which a maximum amount referred to in regulation 3(7) or 19(12) or (13) applies;

(d) grant for travel costs for which he is eligible under regulation 17.

(2) Where the contribution exceeds the maximum amount of grant referred to in paragraph (1)(a) the maximum amount shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be available to reduce the maximum amount of grant referred to in paragraph (1)(b).

(3) Where—

(a) regulation 11(1)(c), (e) or (f) applies to the grant for fees for which the student is eligible; or

(b) the student is not eligible for grant for fees in pursuance of regulation 10(7)(c),

the amount available to reduce the maximum amount of grant referred to in paragraph (1)(b) shall be calculated in accordance with paragraph (2), but it shall be assumed, that the maximum amount of grant referred to in paragraph (1)(a) is £1,050 rather than the amount referred to in regulation 11(1)(c), (e) or (f) or, in the case of a student who is not eligible for grant in pursuance of regulation 10(7)(c), rather than nothing.

(4) Where the contribution available to reduce the maximum amount of grant referred to in paragraph (1)(b) exceeds that maximum amount it shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be available to reduce the maximum amount of loan referred to in paragraph (1)(c).

(5) Subject to paragraph (6) where the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts—

(a) in the case of a student who resides at his parent’s home while attending the course, £2,215;

(b) for a student who does not—

(i) if he attends a course provided at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £3,445;

(ii) if he attends for a period of at least eight weeks and as a necessary part of his course an overseas institution in a high cost country, £3,415 or in a higher cost country, £4,055;

(iii) otherwise, £2,795,

the maximum amount shall be reduced to that amount, and the balance of the contribution not required to reduce the amount of loan to that amount shall be available to reduce the maximum amount of grant referred to in paragraph (1)(d).

(6) Where, the academic year in question is the final year of a course other than an accelerated course and the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts—

(a) in the case of a student who resides at his parent’s home while attending the course, £1,930;

(b) for a student who does not—

(i) if he attends a course provided at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £2,985;

(ii) if he attends for a period of at least eight weeks and as a necessary part of his course an overseas institution in a high cost country, £2,970 or in a higher cost country, £3,530;

(iii) otherwise, £2,425,

(7) Where under regulation 19(6) the Department determines that different rates shall apply for different quarters of the academic year the amount to which the maximum amount shall be reduced in accordance with paragraphs (5) or (6) shall be the aggregate of the three amounts determined under paragraph (8) for the three quarters in respect of which loan is payable.

(8) The amount for each quarter determined under this paragraph shall be one third of the amount referred to in paragraph (5) or (6) which corresponds to the rate which the Department has determined shall be applicable for the quarter.

(9) Where, the contribution available to reduce the maximum amount of grant referred to in paragraph (1)(d) exceeds that amount it shall be reduced to nil.

Part VII — Payments

Payment of grant for fees

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(1) The Department shall pay the grant for fees for which a student is eligible when a valid request for payment has been received from the academic authority, payment to be made to it—

(a) not before the expiry of three months from the beginning of the academic year;

(b) not later than 10 weeks after the expiry of that period, or promptly after a valid request for payment has been received, if that is later.

(2) The Department may make a provisional payment where assessment of the student’s contribution or other matters have delayed final calculation of the amount of grant for which the student is eligible.

(3) No payment of grant for fees shall be made if—

(a) before the expiry of three months from the beginning of the academic year the eligible student ceases to attend the course; and

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

Payment of grants and loans for living costs

25

(1) Subject to the following paragraphs and regulation 16(4), the Department shall pay grants for which a student is eligible under Part IV or loans for which a student has applied under Part V in such instalments (if any) and at such times as it considers appropriate; and in the exercise of his functions under this paragraph it may in particular make provisional payments pending the final calculation of the amount of grant or loan for which the student is eligible.

(2) Grants for which a student is eligible under regulation 15 and loans for which a student has applied under Part V, other than a loan under regulation 21 shall be payable in respect of three quarters of the academic year, and shall not be payable in respect of the quarter during which in the opinion of the Department the longest of any vacations is taken.

(3) The Department shall pay support referred to in paragraph (2) in the following instalments:

(a) if the first instalment is paid during the first quarter of the academic year in respect of which the support is payable it shall be paid in three equal instalments during the quarters in respect of which it is payable;

(b) if the first instalment is paid during the second quarter of the academic year in respect of which support is payable it shall be paid in two instalments during the quarters in respect of which it is payable, the first amounting to two thirds of the amount to be paid, and the second one third of that amount; and

(c) if the first instalment is paid during the third quarter of the academic year in respect of which the support is payable it shall be paid in one instalment.

(4) Payments shall be made in such manner as the Department considers appropriate, and it may make it a condition of entitlement to payment that the eligible student shall provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(5) Subject to regulation 7 no support referred to in paragraph (2) shall be payable in respect of a quarter beginning after an eligible student has withdrawn from, abandoned or been expelled from his course; and the amount of such support for the academic year shall be the aggregate of the support, if any, which is payable in respect of each quarter.

(6) No support referred to in paragraph (2) shall be payable in respect of a quarter during any part of which an eligible student is absent from his course, unless in the opinion of the Department it would be appropriate in all the circumstances to pay all or part of the support; and the amount of such support for the academic year shall be the aggregate of the support, if any, which is payable in respect of each quarter.

(7) In deciding whether it would be appropriate to pay all or part of the support under paragraph (6) the circumstances which the Department shall have regard to shall include the reasons for the student’s absence, the length of the absence, and the financial hardship which not paying all or part of the support would cause.

(8) An eligible student shall not be considered to be absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.

(9) Where, after the Department has made any payment of support referred to in paragraph (2), it makes a determination of the amount of grant for which the student is eligible in respect of an academic year under regulation 15 either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of grant for which the student is eligible it shall pay the additional amount in instalments in accordance with paragraph (3), paying the first instalment as soon as is reasonably practicable after the determination and any subsequent instalment with instalments already payable;

(b) if the determination decreases the amount of grant for which the student is eligible it shall subtract the amount of the decrease from any instalments of grant which remain to be paid under regulation 15, so that the instalments continue to bear the proportion to each other referred to in paragraph (3);

(c) if the amount of the decrease is greater than the amount of grant remaining to be paid that amount shall be reduced to nil, and the balance subtracted from any other grant for which the student is eligible in respect of the academic year; and

(d) any remaining overpayment shall be recovered in accordance with regulation 26.

(10) Where the Department has made any payment of support referred to in paragraph (2) and a student who is eligible for a loan under Part V, other than a loan under regulation 21 applies for such a loan or applies for an additional such loan in respect of an academic year, the Department shall pay the loan or the additional loan in instalments in accordance with paragraph (3), paying the first instalment as soon as is reasonably practicable after a satisfactory application has been received and any subsequent instalment with instalments already payable.

(11) Where the Department has paid an instalment of loan for which a student is eligible in respect of an academic year under Part V and it makes a determination that the amount of loan for which the student is eligible is less than the amount previously determined, either by way of revision of a provisional determination or otherwise,—

(a) it shall subtract such amount as is necessary to ensure that the student does not borrow an amount greater than the amount which he is eligible to borrow from any instalments of loan which remain to be paid, so that the instalments continue to bear the proportion to each other referred to in paragraph (3);

(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid that amount shall be reduced to nil;

(12) Notwithstanding the above paragraphs, where—

(a) support referred to in paragraph (2) is payable in respect of a period of attendance at an overseas institution; and

(b) the Department considers that payment of the support in instalments in accordance with the above paragraphs may prejudice his admission to the overseas country or institution,

it may pay the support in such instalments, if any, as it considers appropriate.

(13) Notwithstanding the above paragraphs where the periods of attendance for a course are such that the payment of instalments during the quarters in respect of which the support is payable may cause the eligible student hardship the Department may pay the instalments at such other times as it considers appropriate.

(14) Notwithstanding the above paragraphs where by reason of the absence of the student—

(a) support referred to in paragraph (2) is reduced in accordance with paragraph (6); and

(b) the Department considers that the payment of such support in accordance with the above paragraphs would be inappropriate,

it may pay such support in such number of instalments and in instalments of such amounts as it considers appropriate.

Overpayments

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(1) Any overpayment of grant for fees under Part III shall be recovered by the Department from the academic authority.

(2) Any overpayment of grant for living costs under Part IV other than a grant for dependants shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any other grant other than a grant for dependants for which the student is eligible in respect of the academic year in question, or from any other grant other than a grant for dependants for which he is eligible in respect of any other academic year;

(b) where a student, upon completion of his course immediately commences another course, disregarding any intervening vacation by subtracting the overpayment from any payment of grant for living costs (other than a grant for dependants) for which he is eligible in respect of any academic year in connection with the second course;

(3) Any overpayment of grant for dependants under Part IV shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any grant for dependants for which the student is eligible in respect of the academic year in question or for which he is eligible in respect of any other academic year;

(b) where a student, upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of such grant for which he is eligible in respect of any academic year in connection with the second course; and

(4) Any overpayment of a loan for living costs under Part V in respect of any academic year may be recovered if in the opinion of the Department—

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility for a loan or the amount of loan for which he is eligible; or

(b) any information which he has provided is inaccurate in a material particular,

but otherwise it shall be treated as a loan properly made under Part V which shall be repayable in accordance with the Order and regulations made under it.

(5) Where an overpayment of loan is treated as properly made under paragraph (4) the Department may subtract the overpayment from the amount of loan for living costs under Part V for which the student is eligible in respect of any other academic year.

(6) Where an overpayment of loan for living costs is recoverable in accordance with paragraph (4) it shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from the amount of loan for which the student is eligible in respect of any other academic year;

(b) where a student upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of loan for which he is eligible in respect of any academic year in connection with the second course;

Part VIII — Support for Part-time Courses

Eligible part-time students

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(1) Subject to and in accordance with this Part a person shall be eligible for support in connection with his attendance at a designated part-time course if he is a person mentioned in Schedule 1.

(2) A person shall not be eligible under this regulation if—

(a) he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule;

(b) there has been made to him or paid to him in relation to his attendance on the part-time course—

(i) a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 63 of the Health Services and Public Health Act 1968 whether the amount of which is calculated by reference to his income or not; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992;

(d) he is in breach of any obligation to repay any loan;

(e) he has not ratified any agreement for a loan made with him when he was under the age of 18; or

(f) he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive support.

(3) For the purposes of paragraph 2(d) and (e) “loan” means a loan made under the Education (Student Loans) (Northern Ireland) Order 1990, the Order and regulations made thereunder, Education (Student Loans) Act 1990, the Teaching and Higher Education Act 1998 and regulations made thereunder, or the Education (Scotland) Act 1980 and regulations made thereunder.

(4) Paragraph 2(e) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made—

(a) before 25th September 1991, and

(b) with the concurrence of the borrower’s curator, or at a time when he had no curator.

(5) A person shall not be eligible for support for more than one designated part-time course at any one time.

(6) Where a person who meets the requirements of this regulation is notified of that fact by the Department under regulation 31(6) he shall thenceforth be an “eligible part-time student” for the purposes of these Regulations.

Designated part-time courses

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(1) Subject to paragraph (3), a part-time course shall be designated for the purposes of Article 3(1) of the Order and regulation 27(1) if—

(a) it is mentioned in Schedule 2;

(b) it exceeds one academic year’s duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification;

(c) it is wholly provided by an educational institution or institutions in the United Kingdom or the Republic of Ireland which are maintained or assisted by recurrent grants out of public funds or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not designated by or under regulation 5.

(2) Paragraphs (5) and (6) of regulation 5 shall apply for the purposes of paragraph (1) as they apply for the purposes of paragraph (1) of that regulation.

(3) For the purposes of Article 3(1) of the Order and regulation 27(1) the Department may designate part-time courses of higher education which are not designated by paragraph (1).

Eligibility for loans for part-time courses

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(1) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for a loan if—

(a) he is under the age of 50 on the first day of the first academic year of the course; or

(b) he is aged 50 or over and under the age of 55 on that day, if the Department is satisfied that he intends to enter employment after he has completed his part-time course or such other higher education course which he intends to start attending immediately after completing his present course, disregarding any intervening vacation.

(2) An eligible part-time student shall not be eligible for a loan if he holds a first degree from an educational institution in the United Kingdom or a comparable qualification from an educational institution outside the United Kingdom.

(3) An eligible part-time student shall be eligible for a loan in respect of—

(a) an academic year during which—

(i) his course becomes a designated part-time course,

(ii) he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1, or

(b) any academic year which begins after the events referred to in paragraph (a)

but shall not be eligible for a loan in respect of any other academic year.

(4) An eligible part-time student who is eligible for a loan in respect of an academic year in accordance with the preceding paragraphs shall be eligible for a loan in respect of that year if—

(a) at the date of his application for the loan, he or his spouse is entitled under Part VII of the Social Security Contributions and Benefits Act (Northern Ireland) 1992⁴⁰ to income support⁴¹, working families' tax credit⁴², disabled person’s tax credit⁴³ or housing benefit⁴⁴; or

(b) his financial resources for the preceding financial year do not exceed £13,000.

(5) For the purposes of paragraphs (4) and (7) an eligible part-time student’s financial resources for a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of his application for the loan is his spouse.

(6) In calculating an eligible part-time student’s income under this regulation there shall be disregarded—

(a) £2,000 in respect of his spouse;

(b) £2,000 in respect of the only or eldest child who is dependent on him or his spouse; and

(7) Where the Department is satisfied that an eligible part-time student’s financial resources in the current financial year are unlikely to, or do not, exceed £13,000, it may assess that student’s eligibility for a loan under this regulation by reference to those resources in the current financial year.

(8) For the purposes of this regulation—

“child”, “dependent” and “spouse” have the meanings given to those expressions in regulation 15(10) with the substitution for references to an eligible student of references to an eligible part-time student;

“financial year” means the period of 12 months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

“income” means gross income from all sources;

“preceding financial year” means the most recent financial year ending before the first day of the academic year in respect of which a person’s eligibility for a loan is being assessed and “current financial year” means the financial year which includes the first day of that academic year.

Amount of loan

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The amount of a loan for a designated part-time course in respect of each academic year shall be £500.

Applications for support

31

(1) A person shall apply for support in respect of an academic year of a part-time course (other than a course for the initial training of teachers) by completing and submitting to the Department an application in such form as it may require; and regulation 6 shall not apply to him in connection with his attendance on that course.

(2) The completed application form shall include among other things the following particulars—

(a) his United Kingdom national insurance number, unless he does not have one;

(b) his most recent student loan account number, if any; and

(3) The applicant shall sign a declaration on the application form that—

(a) the particulars given in the application form are correct to the best of his knowledge and belief;

(b) he will notify the Department (or if an Education and Library Board or any other person is exercising functions in relation to his application by virtue of a determination under Article 4(1)(a) or 4(3) of the Order he will notify that authority or person) of any change in them;

(c) in the case of an application for a loan, he will repay the amount lent to him, together with interest and applicable charges and penalties, in accordance with the Order and regulations made thereunder from time to time; and

(d) in the case of an application for a grant under regulation 32, he will if required to do so repay to the Department any amount paid to him which for whatever reason exceeds the amount of grant to which he is entitled under that regulation.

(4) The application form must reach the Department not later than 6 months after the first day of the academic year of the course in which it is submitted, but where—

(a) the course becomes a designated part-time course after the first day of that academic year, the application must reach the Department not later than 6 months after the date on which the course was designated;

(b) the student, or his spouse or parent, is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of that academic year, the application must reach the Department not later than 6 months after the date of recognition or the date leave was granted respectively;

(c) the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, the application must reach the Department not later than such date as it specifies.

(5) An applicant shall demonstrate his eligibility for support by providing such evidence as the Department may require; and the Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is eligible for support.

(6) If the Department considers that the applicant is eligible for the support for which he has applied under this Part it shall—

(a) where the application is the first to be made in connection with the applicant’s attendance at the part-time course, notify him of the facts that he is an “eligible part-time student” and is eligible for the support for which he has applied; and

(b) in respect of any subsequent application notify him that he is eligible for the support for which he has applied.

Grants for disabled part-time students' living costs

32

Regulation 13 shall apply in relation to an eligible part-time student in respect of his attendance at a designated part-time course as it applies in relation to an eligible student in respect of his attendance at a designated course with the substitution—

(a) for the amount specified in regulation 13(2)(a) of £7,879; and

(b) for the amount specified in regulation 13(2)(d) of £1,039.

Transfers of eligibility

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(1) An eligible part-time student may request the Department to transfer his eligibility in any case where—

(a) on the recommendation of the academic authority the student starts to attend another part-time course at the institution;

(b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student starts to attend a part-time course at another institution; or

(c) after commencing a part-time course for a first degree (other than an honours degree) the student is, before the completion of that course admitted to a part-time course for an honours degree in the same subject or subjects at the institution.

(2) Subject to paragraph (3) the Department, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated part-time course, shall transfer the eligible part-time student’s eligibility, and thenceforth the student shall for all purposes be an eligible part-time student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 31.

(3) The Department may, after consulting the academic authority concerned, refuse to transfer eligibility where paragraph (1)(a) or (b) applies if it is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

(4) An eligible part-time student’s eligibility as such may not be transferred after it has expired or been terminated under regulation 35.

Conversion of eligibility

34

(1) An eligible student under Part II may request the Department to convert his eligibility to that of an eligible part-time student in any case where—

(a) with the consent of the academic authority the eligible student ceases to attend his course and starts to attend a designated part-time course at the institution; or

(b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible student ceases to attend his course and starts to attend a designated part-time course at another institution.

(2) Subject to paragraphs (3) and (4) the Department, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated part-time course, shall convert the eligible student’s eligibility, and thenceforth the student shall for all purposes cease to be an eligible student and shall be an eligible part-time student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 31.

(3) The Department shall not under paragraph (2) convert the eligibility of a student who is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.

(4) The Department may, after consulting the academic authority concerned, refuse to convert eligibility where paragraph (1)(a) or (b) applies if he is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

(5) An eligible student’s eligibility as such may not be converted after it has expired or been terminated under regulation 35.

(6) Where under this regulation an eligible student under Part II becomes an eligible part-time student in the course of an academic year—

(a) where the Department has determined to pay an amount of grant to the student under regulation 13 in periodic instalments no payment in respect of that amount of grant shall be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

(b) the maximum amount of grant to which the student would, apart from this regulation, be entitled to under regulation 32 in connection with his attendance at a designated part-time course in respect of that academic year shall be reduced by one third, where the student became an eligible part-time student during the second quarter of the academic year, and by two thirds where he became such a student in a later quarter of that year;

(c) where an amount of grant for any purpose has been paid to the student under regulation 13 in a single instalment the maximum amount of grant payable to him under regulation 32 for that purpose shall be reduced (or where sub-paragraph (b) applies further reduced) by the amount of grant paid to him for that purpose under regulation 13, and where the resulting amount is nil or a negative amount that amount shall be nil; and

(d) where immediately before he became an eligible part-time student he was eligible to apply, but had not applied, for a loan for living costs in respect of that year under regulation 20, without prejudice to regulation 29 he may apply for such a loan in accordance with regulation 20 as if he had continued to be an eligible student under Part II; and in the circumstances mentioned in paragraph (7) the maximum amount of such loan for the academic year shall be reduced in accordance with that paragraph.

(7) Where the application is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount of loan shall be reduced by two thirds, and where the application is made during the second quarter of that year the maximum amount of loan shall be reduced by one third.

(8) An eligible part-time student may request the Department to convert his eligibility to that of an eligible student under Part II in any case where—

(a) with the consent of the academic authority the eligible part-time student ceases to attend his course and starts to attend a course designated by or under regulation 5 at the institution; or

(b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible part-time student ceases to attend his course and starts to attend a course designated by or under regulation 5 at another institution.

(9) Subject to paragraph (10) the Department, on being satisfied of the matters referred to in paragraph (8) and that the second course is a designated course, shall convert the eligible part-time student’s eligibility, and thenceforth the student shall for all purposes cease to be an eligible part-time student and shall be an eligible student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 6.

(10) The Department may, after consulting the academic authority concerned, refuse to convert eligibility where paragraph (8)(a) or (b) applies if it is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

(11) An eligible part-time student’s eligibility as such may not be converted after it has expired or been terminated under regulation 35.

(12) Where under this regulation an eligible part-time student becomes an eligible student under Part II in the course of an academic year—

(a) where the Department has determined to pay an amount of grant to the student under regulation 32 in periodic instalments no payment in respect of that amount of grant shall be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b) any loan to which the student is entitled under this Part in respect of that year shall be ignored in determining the amount of support to which he may be entitled in respect of that year under Parts III to V;

(c) the maximum amount of any support under Part IV or V to which the student would, apart from this regulation, be entitled in connection with his attendance at a designated course in respect of that academic year shall be reduced by one third, where the student became an eligible student during the second quarter of the academic year, and by two thirds where he became such a student in a later quarter of that year; and

(d) where an amount of grant for any purpose has been paid to the student under regulation 32 in a single instalment the maximum amount of grant payable to him under regulation 13 for that purpose shall be reduced (or where sub-paragraph (c) applies further reduced) by the amount of grant paid to him for that purpose under regulation 32, and where the resulting amount is nil or a negative amount that amount shall be nil.

Termination of eligibility

35

(1) Subject to the following paragraphs an eligible part-time student shall cease to be eligible for support at the end of the academic year in which he completes his course.

(2) Where an eligible part-time student has withdrawn from a course in circumstances where the Department has not transferred or converted, or will not transfer or convert, his eligibility under regulation 33 or 34, or has abandoned, ceased to attend or been expelled from his course, the Department shall determine that he is no longer eligible to receive support under this Part and on such determination he shall cease to be an eligible part-time student.

(3) Where an eligible part-time student has shown himself by his conduct to be unfitted to receive support under this Part the Department may determine that he is no longer eligible to receive such support and on such determination he shall cease to be an eligible part-time student.

Payment of support

36

(1) The Department shall pay a loan under this Part in a single instalment at such time as it considers appropriate.

(2) The Department shall pay grant under regulation 32 in such instalments (if any) and at such times as it considers appropriate.

(3) Payments shall be made in such manner as the Department considers appropriate, and it may make it a condition of entitlement to payment that the eligible part-time student shall provide it with particulars of a bank or building society account in the United Kingdom into which payment may be made by electronic transfer.

Overpayments

37

(1) Any overpayment of a loan under this Part in respect of any academic year may be recovered if in the opinion of the Department—

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility for a loan under this Part, or

(b) any information which he has provided is inaccurate in a material particular,

but otherwise it shall be treated as a loan properly made which shall be repayable in accordance with the Order and regulations made under it.

(2) Where an overpayment of loan is treated as properly made under paragraph (1) the Department may subtract the overpayment from the amount of loan under this Part for which the student is eligible in respect of any other academic year.

(3) Where an overpayment of loan is recoverable in accordance with paragraph (1) it shall be recovered in such of the following ways as the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from the amount of loan under this Part for which the student is eligible in respect of any other academic year;

(b) by taking such other action for the recovery of a payment made without statutory authority as is available to it.

(4) Any overpayment of grant paid under regulation 32 in respect of an academic year shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any grant for which the student is eligible under regulation 32 in respect of any other academic year;

(b) by subtracting the overpayment from any grant other than a grant for dependants for which the student is eligible under Part IV;

Part IX — Interest and Insolvency

Interest

38

(1) Subject to paragraph (2) loans shall bear interest at the rate which in relation to a loan made under these Regulations on or after 1st September 2000 will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980⁴⁵ equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 1999 and that index so published for March 2000.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974⁴⁶ loans shall bear interest at the rate so specified.

(3) Interest shall be calculated on the principal outstanding daily, and shall be added to the principal monthly.

(4) The index of prices which the Department is required by Article 3(8) of the Order to have regard to in prescribing the rate of interest which loans shall bear shall be the retail prices all items index mentioned in paragraph (1).

Insolvency

39

(1) In Northern Ireland there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989⁴⁷ any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.

(2) In England and Wales there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986⁴⁸ any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.

SCHEDULE 1 — Eligible Students

1

A person who on the first day of the first academic year of the course—

(a) is settled in the United Kingdom within the meaning of the Immigration Act 1971⁴⁹, and

(b) meets the residence conditions referred to in paragraph 8.

2

A person who is a refugee, ordinarily resident in the United Kingdom and the Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee, in each case who meets the residence condition in paragraph 8(a).

3

A person who—

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

(ii) before 1st July 1993 applied to the Secretary of State for the Home Department for recognition as a refugee and who has been informed by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow him to enter or remain in the United Kingdom,

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

(c) has been ordinarily resident in the United Kingdom and the Islands throughout the period since he was granted leave to enter or remain,

or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse, child or stepchild meets the residence conditions referred to in paragraph 8.

4

A person who is an EEA migrant worker who—

(a) is entitled to support by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement⁵⁰, or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3); and

(b) meets the residence conditions referred to in paragraph 8.

5

A person who is the spouse of an EEA migrant worker and who—

(a) is installed in the United Kingdom with his spouse, and

(b) meets the residence conditions referred to in paragraph 8.

6

(1) A person who is the child of an EEA migrant worker and who—

(a) is entitled to support by virtue of Article 12 of the above mentioned Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12, and

(b) meets the residence conditions referred to in paragraph 8.

(2) For the purposes of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.

7

A person who is a national of a member State of the European Community or the child of such a national—

(a) whose course is provided by an institution or institutions in Northern Ireland, or by an institution or institutions in Northern Ireland in conjunction with an institution or institutions outside the United Kingdom, and

(b) who meets the residence conditions referred to in paragraph 8(b) and (c).

8

The residence conditions referred to above are that—

(a) the person is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(b) the person has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and the Islands, or, in the case of a person mentioned in paragraphs 4, 5, 6 or 7, in the European Economic Area; and

(c) his residence in the United Kingdom and the Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.

SCHEDULE 2 — Designated Courses

1

A first degree course other than a course referred to in paragraph 4.

2

A course for the Diploma of Higher Education.

3

A course for the Higher National Diploma or Higher National Certificate of—

(a) the Business & Technician Education Council; or

(b) the Scottish Qualification Authority.

4

A course for the initial training of teachers, including such a course leading to a first degree.

5

A course for the further training of teachers or youth and community workers.

6

A course in preparation for a professional examination of a standard higher than that of—

(a) examinations at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

7

A course providing education (whether or not in preparation for an examination) the standard of which is—

(a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph (6)(a) or (b) above; but

(b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

SCHEDULE 3 — Financial Assessment

Part I — Student’s Income

Calculation of student’s income

1

(1) In calculating an eligible student’s income for the purposes of regulation 22 there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, and any payment referred to in head (b), whether or not it is income, but there shall be disregarded the following—

(a) in a case not covered by paragraph (v), the first £840 of income of any description, or where the eligible student is a lone parent, the first £1,825 of income of any description, in each case other than any sum treated as income under sub-paragraph (6);

(b) the first £1,025 of any payment by way of—

(i) scholarship, studentship, exhibition, bursary, award, grant, allowance or benefit however described payable in connection with the student’s attendance on the course, otherwise than under the Order and regulations made under it; and

(ii) in the case of a student in gainful employment, remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course; except that, if the person’s course is a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks, any payments by way of remuneration shall be disregarded;

(c) any payment under a bursary or award of similar description made to him under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 63 of the Health Services and Public Health Act 1968;

(d) any grant to facilitate teacher training paid to the eligible student under regulations made under section 50(1) of the Education (No. 2) Act 1986;

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

(f) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the eligible student is subject and any war widow’s or war widower’s pension;

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

(h) remuneration for work done during the academic year of the eligible student’s course;

(i) in the case of an eligible student in whose case a parental contribution is by virtue of Part II of this Schedule 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;

(j) any payments made for a specific educational purpose otherwise than to meet such fees as are mentioned in Part III and living costs as are mentioned in Parts IV and V;

(k) child benefit;

(l) any allowance payable to the eligible student by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987⁵¹;

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

(n) in the case of an eligible student with whom a child in the care of a local authority is boarded out, any payment made to him in pursuance of Article 27(2)(a) of the Children’s (Northern Ireland) Order 1995;

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

(p) income support or family credit or Working Families' Tax Credit 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) 1987⁵²;

(q) any housing benefit granted to the eligible student in pursuance of a statutory or local scheme under section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992⁵³ or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992⁵⁴;

(r) in a case not covered by paragraph (v), the first £3,185 of any pension, allowance or other benefit payable by reason of the eligible student’s old age, his retirement, the death of his spouse or parent or another person on whom he was wholly or mainly financially dependent, or by reason of his military or other public service;

(s) any payments made to the eligible student under the action scheme of the European Community for the mobility of university students known as ERASMUS⁵⁵, the European Community programme for foreign language competence known as LINGUA⁵⁶ or the European Community programme known as LEONARDO DA VINCI⁵⁷;

(t) any payments made to the eligible student out of access funds held by the institution at which he attends his course;

(u) any payments made to the eligible student for the maintenance of his child by virtue of any agreement, instrument or enactment;

(v) where a parental contribution does not apply because the eligible student falls within paragraph 3(1) of this Schedule and a spouse’s contribution does not apply under Part III of this Schedule, the first £7,500 of income of any description, other than any sum treated as income under sub-paragraph (6).

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

(3) Where an eligible student is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph and his income arises from sources or under legislation different from sources or legislation normally relevant to a person mentioned in paragraph 1 of Schedule 1 his income shall not be disregarded in accordance with paragraph (1) but shall be disregarded to the extent necessary to ensure that he is treated no less favourably than a person in similar circumstances in receipt of similar income who is mentioned in Schedule 1 would be treated.

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

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

(a) if, in the opinion of the Department, 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 student who has a spouse who is a dependant for the purpose of regulation 15 and, under regulation 15(12) the payment is taken into account in determining the spouse’s income.

(6) In a case where the eligible student is the parent or step-parent of an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule or of a child who holds an award in respect of which a parental contribution is applicable, so much of the amount (if any) by which the contribution is reduced under paragraph 4(3) as the Department considers just shall be treated as part of the eligible student’s income for the purposes of this regulation.

(7) Where the eligible student is a lone parent having one or more dependent children under the age of 19 within the meaning of regulation 15 he may elect to be ineligible for grant under that regulation and to have disregarded in calculating his income under this regulation £2,440 in respect of his only or eldest such child and £770 in respect of every other such child.

(8) Where the eligible 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; and

(b) otherwise the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics in “Financial Statistics”.

Part II — Parental Contribution

Definitions and construction of Part II

2

(1) In this Part of this Schedule—

“child” includes 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 eligible 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 Department 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 Department 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 per cent of his income in the financial year preceding that year, he may, for the purpose of enabling the eligible 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 eligible student’s parent satisfies the Department that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then, if the Department and the parent so agree, any reference in this Part of this Schedule to a financial year shall be construed as a reference to a year ending with such date as appears to the Department 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 of the Schedule 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 eligible 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 eligible 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 sub-paragraph (5) shall be the rate for the month in which the last day of the financial year in question falls published by the Office for National Statistics in “Financial Statistics”.

Application of Part II

3

(1) A parental contribution ascertained in accordance with this Part shall be applicable in the case of every eligible student except where—

(a) he is aged 25 or over on the first day of the academic year in respect of which the contribution is applicable;

(b) he has supported himself out of his earnings for periods before the first academic year of the course aggregating not less than three years;

(c) he has been married for at least two years before the beginning of the academic year in respect of which the contribution is applicable, whether or not the marriage is still subsisting;

(d) he has no parent living;

(e) the Department is satisfied that his parents cannot be found or that it is not reasonably practicable to get in touch with them;

(f) he is irreconcilably estranged from his parents;

(g) he has pursuant to an order of a competent court 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;

(h) his parents are residing outside the European Community and the Department is satisfied either that—

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

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

(i) paragraph 5(7) applies and the parent whom the Department considered the more appropriate for the purposes of that sub-paragraph has died;

(j) he is a member of a religious order who resides in a house of his order.

(2) For the purposes of sub-paragraph (1)(b) an eligible student shall be treated as having supported himself out of his earnings for any period or periods for which—

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

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

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

(d) the student held a State Studentship or comparable award;

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

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

(3) For the purposes of sub-paragraph (1)(f) an eligible student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has communicated with neither of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.

Parental contribution

4

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

(a) in any case in which the residual income is £17,805 or more but less than £22,755, £45 with the addition of £1 for every complete £13 by which it exceeds £17,805;

(b) in any case in which the residual income is £22,755 or more but less than £33,450, £425 with the addition of £1 for every complete £9.20 by which it exceeds £22,755; and

(c) in any case in which the residual income is £33,450 or more, £1,587 with the addition of £1 for every complete £7·50 by which it exceeds £33,450,

reduced in each case in respect of each child of the parent (other than the student) who is wholly or mainly financially dependent on him on the first day of the year for which the contribution falls to be ascertained, by £77; and in any case in which the residual income is less than £17,805 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 in no case exceed £6,437.

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

(a) more than one child of the parent;

(b) the parent; or

the parental contribution for the eligible student shall be such proportion of any contribution ascertained in accordance with this Part as the Department (after consultation with any other authority involved) 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

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