Education (Student Support) Regulations (Northern Ireland) 2000

• (1) For the purposes of this paragraph “preceding financial year” means the financial year preceding the academic year in respect of which the resources of the eligible student fall to be assessed and “current financial year” means the financial year which includes the first day of the academic 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 less than five months before the beginning of an academic year of the eligible student’s course, “preceding financial year” shall mean the financial year last ending five or more months before the academic year in respect of which the resources of the eligible student fall to be assessed and “current financial year” shall mean the financial year ending 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 the financial year there mentioned.

• (3) Where the Department 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 academic year in respect of which the eligible student’s resources fall to be assessed and, if the Department 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 eligible student’s parents dies either before or during the year in respect of which the resources of the student fall to be ascertained (“the relevant 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 relevant year, be determined by reference to the income of the surviving parent; or

• (d) where the parent dies during the relevant 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 relevant year during which both parents were alive bears to the full year; 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 relevant year remaining after the parent dies bears to the full year.

• (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 eligible 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 such benefit as is mentioned in paragraph l(l)(b)(i) of Part I of this Schedule is provided, by reason of the parent’s employment, for any member of his family or household who is an eligible student (whether the student or some other such member) then that benefit shall not be treated as part of the gross income of the parent.

• (7) Where the parents do not ordinarily live together throughout the year in respect of which the resources of the eligible student fall to be ascertained (“the relevant year”), the parental contribution shall be determined by reference to the income of whichever parent the Department considers the more appropriate in the circumstances.

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

• (a) the appropriate proportion of the contribution determined as provided in sub-paragraph (7), that is to say such proportion thereof as the part of the relevant year for which the parents do not so live together bears to the full year; and

• (b) the appropriate proportion of the contribution determined without regard to this sub-paragraph, that is to say, such proportion thereof as the part of the relevant year for which the parents so live together bears to the full year.

• (9) Where one of the eligible student’s parents is his step-parent the parental contribution shall be ascertained by reference only to the income of the other parent.

Deductions

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• (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 1988⁵⁸, 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 income are not treated as income; or

• (d) without prejudice as aforesaid, 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 eligible student, wholly or mainly financially dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,250 exceeds the income of that person in that year;

• (b) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life insurance) in respect of which relief is given under section 266, 273, 619 or 639 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, 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;

• (c) where the parents ordinarily live together and one of them is incapacitated, or where the parent ordinarily lives with a person who is not the other parent of the eligible student, but that person is the husband or wife of the parent or lives with the parent as the parent’s husband or wife, and one of them is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,765, if the other parent or person described in this sub-paragraph is wholly or mainly financially dependent on the parent during the year for which the contribution falls to be ascertained;

• (d) where the parent does not ordinarily live with the other parent or with another person as husband or wife or who is their husband or wife, and the parent is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,765;

• (e) 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 Department considers reasonable in all the circumstances;

• (f) in the case of a parent who is an eligible student or who holds a statutory award, £910;

• (g) any payments made to the parent of the student in pursuance of an order of a competent court for the benefit of a child who is not his child of whom he has custody or care or for whom he provides accommodation;

• (h) 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 sub-paragraph (2)(b), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent’s income were in fact taxable income for the purposes of the Income Tax Acts.

Part III

Spouse’s Contribution

Application of Part III

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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 or, if he falls within paragraph 3(1)(a) and the first academic year of his course begins on or after 1st September 2000, ordinarily living with a woman as his wife, and every woman student ordinarily living with her husband or, if she falls within paragraph 3(1)(a) and the first academic year of her course begins on or after 1st September 2000, ordinarily living with a man as her husband, except—

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

• (b) an eligible student whose child holds an award in respect of which a parental contribution is applicable or whose child is an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule.

Spouse’s contribution

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• (1) Subject to sub-paragraphs (3) and (4), Part II above, except paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(d), shall 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, except where the context otherwise requires, as references to the eligible student’s spouse within the meaning of paragraph 7 and, unless the context otherwise requires, this Part shall be construed as one with the said Part II.

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

• (a) in any case in which the residual income is £15,070 or more but less than £22,755, £45 with the addition of £1 for every complete £9·80 by which it exceeds £15,070;

• (b) in any case in which the residual income is £22,755 or more but less than £33,450, £829 with the addition of £1 for every complete £7·05 by which it exceeds £22,755; and

• (c) in any case in which the residual income is £33,450 or more, £2,346 with the addition of £1 for every complete £5·60 by which it exceeds £33,450;

reduced in any such case by £77 in respect of each child of the eligible 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 £15,070 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall in no case exceed £6,437.

• (3) This sub-paragraph applies if the eligible student marries or starts living with a person as their husband or wife within the meaning of paragraph 7 during any academic 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 or their starting to live together and whichever is the earlier of the end of that year and the end of the course.

• (4) This sub-paragraph applies if the eligible student’s marriage terminates or if the student ceases living with a person as their husband or wife within the meaning of paragraph 7 during any academic 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 beginning of that year and the termination of the marriage or their ceasing to live together.

• (5) In accordance with the provisions of this Part, more than one contribution may be applicable in any academic year.

Signed

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 19th May 2000.

Robson Davison — A senior officer of the — Department of Higher and Further Education, Training and Employment

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 20th May 2000, provide for support for students attending higher education courses in respect of academic years beginning on or after 1st September 2000.

While the text of the Regulations do not repeat exactly the provision made in England and Wales, the Regulations maintain parity with provision of support for Northern Ireland students with their English and Welsh counterparts. Changes of substance made by these Regulations other than the changes in the rates of fees, grants and loans are described below.

A number of minor changes are made. The definitions of “high cost country”, “higher cost country” and “Metropolitan Police District” are amended in regulation 2(1) and a definition of “grant-aided school” is introduced. Regulation 2(3) is amended so as to provide expressly that members of the armed forces are treated as falling within the temporary employment abroad exemption from the residence conditions in paragraph 8 of Schedule 1 to the Regulations.

Regulation 4(5) prohibits a student in respect of whom the first academic year of the course begins on or after 1st September 2000 from receiving support at any one time for more than one designated course or for a designated course and a designated part-time course. The definition of a full-time course is removed. Regulation 6(2) is amended so that a student who has not applied for support in respect of his attendance at a designated course in the first academic year of his course now has the opportunity to do so in a subsequent academic year. The requirement for the production of specified documents is removed, but the student much provide such evidence as the Department may require under regulation 6(3).

The student’s eligibility in respect of grants and loans for living costs, and in respect of grants for fees for repeat study for which the student remains eligible under regulation 10(8), now terminates at the end of the academic year in which the student completes the course (regulation 8(1)). There are minor amendments (in regulation 10(4)) to the exceptions to the provision that a student is not generally eligible for support where he has previously attended a publicly funded full-time course at an institution in the United Kingdom or Republic of Ireland. Regulation 10(9) is amended to clarify the support for which a student is eligible where his eligibility has been transferred more than once under regulation 7(1)(a) or (b). A different rate of support for fees is paid to institutions which are not maintained or assisted out of public funds and regulation 11 is amended to make clear that this applies in all circumstances other than in the case of designated courses at the 4 institutions specified in regulation 11(2). A new rate of fees is set for courses at the Colleges of Theology in Belfast in line with the rate set for courses at institutions which are neither maintained nor assisted out of public funds. The definition of “spouse” is amended at regulation 15(10) in respect of dependants' grants to include a person of the opposite sex ordinarily living with the student as his spouse.

A new grant is available under regulation 16 for a student who is entitled to receive a dependant’s grant in respect of a dependent child. The student is eligible for a grant as specified in regulation 16(2) if the child attends a school in respect of which grants are made under the 1986 Order. The student is not eligible for the grant if the dependent child already receives a school meal free of charge under arrangements approved by the Department of Education (regulation 16(3)).

A new provision has been included to preclude students who are in receipt of funding from the Department to take part in a management development programme, from accessing loans (regulation 18 (2)).

Where a student applies for less than his maximum loan entitlement, he may now apply more than once to borrow an additional amount, which shall not exceed the relevant maximum applicable in his case (regulation 20(7)). At regulation 23 the application of the student’s contribution is amended and provision is included to apply the student’s contribution to fees payable where the student repeats study or transfers to another course at a higher education institution in the Republic of Ireland (regulation 10(8) or (9)).

In calculating an eligible student’s income for the purposes of determining his contribution, payments made to him for the maintenance of his child are to be disregarded (paragraph 1(1)(u) of Schedule 3). Where neither a parental contribution under paragraph 3(1) of Schedule 3, nor a spouse’s contribution under Part III of Schedule 3, applies in respect of the student, a new income disregard is applied under paragraph 1(1)(v) of Schedule 3, in place of the disregards that otherwise apply under paragraphs 1(1)(a) and 1(1)(r). There are other minor amendments to the calculation of the student’s income under paragraph 1. Payments for the maintenance of an eligible student’s child or former spouse or person who lived with him as his spouse are to be deducted in calculating the student’s income (paragraph 1(4) of Schedule 3). The determination of the contribution for an eligible student, parent or spouse pursuant to regulation 22 and Schedule 3 is now termed the financial assessment.

The provision on the deductions to be made from a parent’s gross income for the purpose of determining his residual income is amended (paragraph 6(2) of Schedule 3). The provisions for determining the spouse’s contribution are amended for a student in respect of whom the first academic year of the course begins on or after 1st September 2000 and who is aged 25 or over on the first day of the academic year in respect of which the contribution applies. The spouse’s contribution in this case now also applies in respect of a person of the opposite sex ordinarily living with the student as his spouse (Part III of Schedule 3).

A new Part VIII is introduced, making provision for the support of students attending part-time higher education courses which are designated by or under regulation 28. The general criteria for eligibility for such support, which are broadly similar to those for support for full-time study, are set out in regulation 27.

Part-time students, whose financial resources (his and his spouse’s gross income, disregarding £2,000 in respect of his spouse, £2,000 in respect of his only or eldest child and £1,000 in respect of each other child) do not exceed £13,000 or who are entitled to any of the benefits set out in regulation 29(4)(a) and who meet the additional eligibility requirements in regulation 29(1) and (2) are eligible for a loan of £500 in respect of each academic year of the course.

Disabled part-time students are eligible for grant to meet the additional cost of attendance on their courses by reason of their disability on the same basis as full-time students, save that the maximum amount of grant for a non-medical personal helper is reduced to £7,879, and the maximum amount of additional grant is reduced to £1,039 (regulation 32).

Part-time students have six months from the beginning of the academic year in which to apply for support (regulation 31) and may apply to transfer their eligibility to another part-time course on the same basis on which full-time students may transfer their eligibility (regulation 33).

Provision is also made for the conversion of eligibility for support for a full-time course to support for a part-time course and vice versa (regulation 34). Where a full-time student converts to part-time status in the course of an academic year, and the student has not at that time applied for a loan for living costs under Part V, provision is made for the student to continue to be able to do so in respect of the period before he became a part-time student. Provision is also made to reduce the maximum amount of grant for a disabled part-time student for the period during which he is studying part-time (regulation 34(6)). Where a part-time student becomes a full-time student in the course of an academic year, provision is made to reduce the maximum amount of support to which he is entitled for the period during which he is a full-time student (regulation 34(12)).

A part-time student’s eligibility terminates at the end of the academic year in which he completes his course or where he abandons, ceases to attend or is expelled from his course or the Department determines that by reason of his conduct he is unfit to continue to receive support (regulation 35). Loans are to be paid in one instalment but otherwise support may be paid at such times and in such manner as the Department decides (regulation 36). Without prejudice to the Department’s power to take action to recover overpayments through the courts, overpayments of loans for part-time study may be subtracted from payments of such loans in respect of any other academic year and overpayments of disabled person’s grant may be subtracted from such grants in respect of other academic years or, where the student converts to full-time status, from other grants, except grants for dependants, under Part IV (regulation 37).

Footnotes

Editorial notes