Students Awards Regulations (Northern Ireland) 2003

• (ii) if he attends for a period of at least eight weeks and as part of his course an overseas institution, it shall be £99.

6

• (1) This paragraph shall apply in the case of a student who attends at his course for a period of not less than 45 weeks in any continuous period of 52 weeks.

• (2) In respect of each aggregate period of a complete week for which he does not attend at his course in the period of 52 weeks in question, the student’s supplementary requirement shall be determined in accordance with paragraph 5(2).

7

• (1) This paragraph shall apply in the case of a student who is obliged to incur reasonable expenditure –

• (a) in the case of a student attending a course in medicine, dentistry or nursing, a necessary part of which is a period of study by way of clinical training, for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided, but not incurred for the purpose of residential study away from the institution;

• (b) within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks and as part of his course, an overseas institution.

• (2) The student’s supplementary requirement in respect of such expenditure shall be the amount of such expenditure less £270.

• (3) For the purposes of this paragraph any reference to expenditure incurred for the purpose of attending an institution or period of study –

• (a) includes expenditure both before and after so attending; and

• (b) does not include any expenditure specified in paragraph 9.

8

• (1) This paragraph shall apply in the case of a student who reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during a period of study outside the United Kingdom which is part of the student’s course.

• (2) The student’s supplementary requirement in respect of such expenditure shall be the amount reasonably incurred.

9

• (1) This paragraph shall apply in the case of a disabled student where the board is satisfied that by reason of his disability he is obliged to incur additional expenditure in respect of his attendance at the course.

• (2) The student’s supplementary requirements shall be such amounts as the board considers appropriate –

• (a) in respect of a non-medical personal helper not exceeding £11,280;

• (b) in respect of major items of specialist equipment not exceeding £4,460 in total for the duration of his course;

• (c) in respect of expenditure incurred –

• (i) within the United Kingdom or the Republic of Ireland, for the purposes of attending the institution;

• (ii) within or outside the United Kingdom for the purpose of attending, as part of his course, an overseas institution;

• (d) in respect of any other expenditure including expenditure incurred for the purposes specified in paragraphs (a) and (b) which exceed the maxima specified therein not exceeding £1,490.

10

• (1) This paragraph shall apply in the case of a student –

• (a) who is under the age of 21 on the first day of the course;

• (b) in respect of whom a parental contribution is not applicable in accordance with Part II of Schedule 7 because he has pursuant to an order of a competent court been in such custody or care or has been provided with accommodation as described in paragraph 3(c) of that Schedule; and

• (c) who in the opinion of the board is subject to greater financial hardship by reason of having been in custody, care or having been provided with accommodation as mentioned in paragraph (b) than he would have been if he had not been in custody, care or having been provided with accommodation.

• (2) The student’s supplementary requirement shall be such amount as the board in all the circumstances considers appropriate not exceeding £100 for each week or part of a week which –

• (a) falls within the longest vacation taken; and

• (b) during no part of which week the student attends his course.

PART III — maintenance of dependants

11

• (1) The requirements referred to in regulation 11(1)(a) shall include the student’s requirements for the maintenance of dependants during the year and the amount of any such requirement (“dependants' requirement”) shall be determined in accordance with this Part.

• (2) Where a student’s requirements for the maintenance of dependants are different in respect of different parts of a year, his dependants' requirement for that year shall be the aggregate of the proportionate parts of those differing requirements.

12

• (1) In this Part –

• “adult dependant” means, in relation to a student, an adult person dependent on the student not being his child, his spouse or a person living with him as his spouse or his former spouse, subject however to sub-paragraphs (2) and (3);

• “child”, in relation to a student, includes a person adopted in pursuance of adoption proceedings, a step-child and any child for whom the student has parental responsibility and who is dependent on him;

• “dependant” means, in relation to a student, his spouse, his dependent child, for whom he or his spouse is in receipt of child tax credit under Part I of the Tax Credits Act 2002[^f00025] or an adult dependant, subject however to sub-paragraphs (2) and (3);

• “income” means income for the year from all sources (reduced by income tax and social security contributions) but disregarding – any pension, allowance or other benefit paid by reason of a disability or incapacity to which the person is subject which is not subject to income tax under the Income Tax Acts or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts; child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00026]; any allowance payable to his spouse by an adoption agency in accordance with regulations made in pursuance of Article 59A of the Adoption (Northern Ireland) Order 1987[^f00027] any guardian’s allowance to which his spouse is entitled under section 77 of the Contributions and Benefits (Northern Ireland) Act 1992; in the case of a spouse with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust[^f00028] is boarded out, any payment made to him in pursuance of Article 27 (2)(a) of the Children (Northern Ireland) Order 1995[^f00029]; any payments made to his spouse in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995, or any assistance given by a Health and Social Services Board or a Health and Social Services Trust pursuant to Articles 35 and 36 of that Order, in respect of a person who is not the spouse’s child; any child tax credit to which he is entitled under part I of the Tax Credits Act 2002; where the spouse holds an award in respect of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 2(1), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 10(1)(b) or so much of those payments as relates to the part-time part of the course; where the spouse or the student makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first year of his course – if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question; if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate;

• “relevant award” means a statutory award in respect of a person’s attendance at – a full-time course of higher education or a comparable course outside Northern Ireland; a course of teacher training specified in paragraph (b) in the definition of “course of initial teacher training” in regulation 2(1); the full-time part of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 2(1), which is partly full-time and partly part-time;

• “spouse”, except in the definition of adult dependant, shall not include a student’s spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.

• (2) A person, including the student’s spouse, shall not be treated as a dependant of the student during any period for which that person –

• (a) holds a relevant award; or

• (b) (save for the purposes of paragraph 15) is ordinarily living outside the United Kingdom.

• (3) A person shall not be treated as a student’s adult dependant if the person’s net income exceeds £3,280.

13

• (1) Subject to the following sub-paragraphs the dependants requirement of a student shall in respect of each academic year be £2,280 in total for only one of the following –

• (a) a spouse, or

• (b) an adult dependant whose net income does not exceed £3,280.

• (2) The amount of dependants requirement under sub-paragraph (1) shall be reduced or extinguished by the difference between –

• (a) the aggregate of the net income of each of the student’s dependants; and

• (b) where the student –

• (i) has no dependent child, £1,000;

• (ii) is not a lone parent and has one dependent child, £3,000;

• (iii) is not a lone parent and has more than one dependent child, £4,000;

• (iv) is a lone parent and has one dependent child, £4,000; or

• (v) is a lone parent and has more than one dependent child, £5,000

provided the aggregate amount calculated under paragraph (a) of this sub-paragraph is greater than the amount applicable under paragraph (b) of this sub-paragraph.

• (3) Subject to paragraphs 14 and 15, the dependants requirement of the student shall be –

• (a) if the student’s spouse holds a statutory award and in calculating payments under it account is taken of the spouse’s dependants requirement, one half of the amount determined in accordance with sub-paragraphs (1) and (2);

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

• (4) Where the student –

• (a) is entitled to dependants requirement under sub-paragraph (1) and has not made an election under paragraph (3) of Schedule 4 and he has one or more dependent children, in addition to any dependants requirement referred to in the preceding paragraphs he shall be entitled to receive the sum of £1,300;

• (b) is entitled to receive dependants requirement under sub-paragraph (1) and has not made an election under paragraph (3) of Schedule 4 and has one or more dependent children, he shall be entitled to receive the sum of £1,300 less the amount up to a maximum of £1,250 by which the aggregate of the net income of each of the student’s dependants exceeds the amount applicable in paragraph 13(2)(b) provided such excess amount is less than £1,300.

14

• (1) Subject to the following sub-paragraphs, where the student has not made an election under paragraph 3 of Schedule 8 and he or his spouse has elected not to receive the child care element of the working tax credit under Part I of the Tax Credits Act 2002[^f00030], his dependants requirement shall, in respect of each academic year, be increased in respect of childcare costs for each dependent child where the childcare is provided by an approved or registered childcare provider, if –

• (a) the child is under the age of 15 immediately before the beginning of the academic year; or

• (b) the child has registered special educational needs within the meaning of the Education (Northern Ireland) Order 1996[^f00031] under the age of 17 immediately before the beginning of the academic year.

• (2) The dependants requirement for each week for which a student shall be eligible under sub-paragraph (i) is:

• (a) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114·75, or

• (b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170

except that the student shall not be eligible for any such amount in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

• (3) Where the amount to be deducted from a student’s dependants requirement in accordance with paragraph 13(2) exceeds the amount calculated under paragraph 13(1) and dependants requirement is payable under paragraph 13(2) the amount of such dependants requirement shall be reduced or extinguished by the amount of the excess and if the excess is greater than is required to extinguish any dependants requirement payable under paragraph 13(2) any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the remaining excess.

• (4) Where the amount to be deducted from a students dependants requirement in accordance with paragraph 13(2) exceeds the amount of dependants requirement calculated under paragraph 13(1) and no dependants requirement is payable under sub-paragraph (2), any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the excess.

• (5) Where no amount is to be deducted from a dependants requirement in accordance with paragraph 13(2) because paragraph 13(1) does not apply and dependants requirement is payable under sub-paragraph (2) the amount so payable shall be reduced or extinguished by the difference between –

• (a) the aggregate of the net income of each of the student’s dependants; and

• (b) where the student –

• (i) has no dependent child, £1,000;

• (ii) is not a lone parent and has one dependent child, £3,000;

• (iii) is not a lone parent and has more than one dependent child, £4,000;

• (iv) is a lone parent and has one dependent child, £4,000; or

• (v) is a lone parent and has more than one dependent child, £5,000

provided the aggregate amount calculated under paragraph (a) of this sub-paragraph is greater than the amount applicable under paragraph (b) of this sub-paragraph.

• (6) If the difference calculated under sub-paragraph (5) exceeds the amount required to extinguish any dependants requirement payable under sub-paragraph (2) any dependants requirement payable under paragraph 13(4) shall be reduced or extinguished by the amount of the excess.

• (7) Where no amount is to be deducted from a dependants requirement in accordance with paragraph 13(2) because paragraph 13(1) does not apply and no dependants requirement is payable under sub-paragraph (2) the amount of dependants requirement payable under 13(4) shall be reduced or extinguished by the difference between –

• (a) the aggregate of the net income of each of the student’s dependants; and

• (b) where the student –

• (i) has no dependent child, £1,000;

• (ii) is not a lone parent and has one dependent child, £3,000;

• (iii) is not a lone parent and has more than one dependent child, £4,000;

• (iv) is a lone parent and has one dependent child, £4,000; or

• (v) is a lone parent and has more than one dependent child, £5,000

provided the aggregate amount calculated under paragraph (a) of this sub-paragraph is greater than the amount applicable under paragraph (b) of this sub-paragraph.

• (8) If the student’s spouse holds a statutory award and in calculating payments under it account is taken of the spouse’s dependants requirement, the amount calculated under sub-paragraph (2) shall be reduced by one half.

• (9) In this paragraph “approved childcare provider” means a childcare provider within the meaning of the Tax Credit (New Category of Childcare Provider) Regulations 1999[^f00032], who has been approved in accordance with those regulations;

• “registered childcare provider” means a person who acts as a child minder or provides day-care and is registered within the meaning of Articles 118, 119 and 120 of the Children (Northern Ireland) Order 1995[^f00033] (registration of child minders and persons providing day care for young children).

15

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

• (2) Notwithstanding anything in the foregoing paragraphs of this Part, the student’s dependants requirement shall be such amount, if any, as the board considers reasonable in all the circumstances, not exceeding the amount determined in accordance with those paragraphs.

PART IV — interpretation of parts i to iv

18

In this Schedule –

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

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

SCHEDULE 7 — RESOURCES

PART I — student’s income

Calculation of student’s income

1

• (1) In calculating the student’s income for the purposes of regulation 11(1)(b) 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 paragraph (b), whether or not it is income, but there shall be disregarded the following –

• (a) in a case not covered by paragraph (u), the first £900 of income of any description;

• (b) the first £4,250 of any payment by way of –

• (i) an award made to the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award made in pursuance of Article 50 or 51; and

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

• (c) any grant to facilitate teacher training paid to the student under regulations made under section 50(1) of the Education (No. 2) Act 1986[^f00034] or any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 5 of the Education Act 1994[^f00035]; or under section 65(3) of the Further and Higher Education Act 1992[^f00036];

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

• (e) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the student is subject and any war widow’s or war widower’s pension any bounty received as a reservist with the armed forces or in the Royal Irish Regiment or in the Police Service for Northern Ireland Reserve;

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

• (g) in the case of a student in whose case a parental contribution is by virtue of Part II applicable (at whatever amount, including nil, that contribution is ascertained to be) any payment which is made under covenant by a parent by reference to whose income that contribution falls to be ascertained;

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

• (j) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00037];

• (k) any allowance payable to the student by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987[^f00038];

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

• (m) in the case of a student with whom a child has been placed by a Health and Social Services Board or a Health and Social Services Trust, under Article 27(2)(a) of the Children (Northern Ireland) Act 1992;

• (n) any payment made to the 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;

• (o) income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or any child tax credit or working tax credit under Part I of the Tax Credits Act 2002; or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1978[^f00039];

• (p) any housing benefit granted to the student in pursuance of a statutory or local scheme under section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00040] or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00041];

• (q) in a case not covered by paragraph (u), the first £3,420 of any pension, allowance or other benefit payable by reason of the 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;

• (r) any payments made to the student under the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00042], the European Community programme for foreign language competence known as LINGUA[^f00043] or the European Community programme known as LEONARDO DA VINCI[^f00044];

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

• (t) any payments made to the student for the maintenance of his child by virtue of any agreement, instrument or statutory provision;

• (u) where a parental contribution does not apply because the student falls within paragraph 3 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 student’s income from all sources being disregarded under paragraph (1).

• (3) Where the student is a European student and his income arises from sources or under legislation different from sources or legislation normally relevant to a person who is settled in the United Kingdom within the meaning of the Immigration Act 1971[^f00045] his income shall 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 settled in the United Kingdom.

• (4) Where a 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 a student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes aforesaid there shall be deducted therefrom –

• (a) if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;

• (b) if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate,

except that no deduction shall be made from the income of a married student where the student’s spouse is a dependant for the purpose of Part III of Schedule 6.

• (6) In a case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part II so much of the amount (if any) by which the contribution is reduced under paragraph 4(3), (4), (5) or (6) of that Part as the board considers just shall be treated as part of the student’s income for the purposes of regulation 11(1)(b).

• (7) Where the student receives income in a currency other than sterling the value of the income shall be –

• (a) if the student purchases sterling with the income the amount of sterling the student receives for it, otherwise

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

PART II — parental contribution

Interpretation of Part II

2

• (1) In this Part –

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

• “financial year” means subject to sub-paragraph 2 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 applied 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, he is not 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 sub-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) In any case in which the parent’s residual income is £20,970 or more the parental contribution shall subject to sub-paragraphs (2) to (6) be £45 with the addition of £1 for every complete £9·50 by which the residual income exceeds £20,970, 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 £83; and in any case in which the residual income is less than £20,970 the parental contribution shall be nil.

• (2) For the purposes of this sub-paragraph –

• (a) the amount or (where a contribution is ascertained in respect of more than one child of the student’s parent) the aggregate amount of the parental contribution shall in no case exceed £6,910; and

• (b) where a contribution is ascertained in respect of more than one child of the student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount.

• (3) For any year in which a statutory award other than one referred to in sub-paragraph (4) is held by –

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

• (b) the parent; or

• (c) the student’s step-parent,

the parental contribution in respect of 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.

• (4) For any year in which a statutory award under these Regulations, the Education (Student Support) Regulations (Northern Ireland) 2003[^f00046] or section 63 of the Health Services and Public Health Act 1968[^f00047] but no other statutory award is held by –

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

• (b) his parent; or

• (c) the student’s step-parent,

the parental contribution in respect of the student shall subject to sub-paragraphs (5) and (6) be such proportion of any contribution ascertained in accordance with this Part as is equal to the proportion in respect of the other or (as the case may be) each other statutory award holder.

• (5) Subject to sub-paragraph (6), if by apportioning the parental contribution in accordance with sub-paragraph (4) it would not all apply to statutory awards and one or more statutory award holders would hold any statutory award to which it could have applied but for the apportionment, the parental contribution shall instead apply –

• (a) first to the statutory award of the or (as the case may be) each statutory award holder eligible for the smallest aggregate amount of statutory award to which the contribution may apply, and

• (b) then to the statutory award of the remaining statutory award holder or, if there is more than one remaining statutory award holder, equally to the statutory award of each.

• (6) If by apportioning the parental contribution equally in accordance with sub-paragraph (5)(b) –

• (a) it would not all apply, and

• (b) one or more remaining statutory award holders would hold any statutory award to which it could have applied but for the apportionment

it shall instead apply first to the statutory award of the or (as the case may be) each remaining statutory award holder eligible for the next smallest aggregate amount of statutory award to which it may apply until the balance can be apportioned equally without any remaining statutory award holder holding any statutory award to which it could have applied but for the apportionment.

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 requirement 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[^f00048], 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 £2,415 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) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) 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;

• (d) 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 £1,895;

• (e) 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 £1,895;

• (f) 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;

• (g) 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 £975 exceeds the sum payable in respect of maintenance in pursuance of that award;

• (h) 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;

• (i) 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 male student ordinarily living with his wife and every female 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 in any case in which the residual income is £18,040 or more £45 with the addition of £1 for every complete £8 by which it exceeds £18,040, reduced in any such case by £83 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 £18,040 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £6,910.

• (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 STUDENT 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 £1,960 instead of £900; or

• (b) where he has made an election in accordance with paragraph 3, his requirements under paragraph 13 of Schedule 6 shall be treated as increased by the sum of £1,125,

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

3

• (1) A student may elect not to receive an increase to the dependants requirement under paragraph 14 of Part III of Schedule 6 at any time before or during the year.

• (2) No further election may be made following the revocation of an election under sub-paragraph (1).

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 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 or with a primary care trust in the United Kingdom; 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 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 or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00049] or a Special Health Authority established pursuant to section 11 of that Act[^f00050]; a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00051]; a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00052]; or a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00053].

• (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 10(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; and

• (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 16 it shall be increased by the prescribed proportion of the sum 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 £900;

• (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 for Employment and Learning on 22nd October 2003.

David McAuley — A senior officer of the — Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st December 2003 and have effect on and from 1st September 2003 revoke and replace, with amendments the Students Awards Regulations (Northern Ireland) 2002.

Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986.

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.

The definition of “high cost country” in regulation 2 is omitted.

Regulation 2 defines and regulation 6 gives effect to the Switzerland agreement which provides that Swiss nationals are to be treated in the same way as EEA nationals.

Schedule 6 has been amended as follows –

• (a) paragraphs 2 and 5 have been amended to link the London grant rate for course attendance and work experience to the site of study or work experience rather than the location of the institution, it also provides that the London rate applies where at least half the aggregate course time in the academic year is at a site or sites within the London area as defined, the same paragraph applies one rate in relation to attendance at any overseas institution;

• (b) the definition of “dependants” in paragraph 12(1) has been amended to take account of children for whom the student or his spouse receive child tax credit under Part I of the Tax Credits Act 2002;

• (c) paragraph 13(1) has been amended to provide that a student may only be entitled to dependants requirement for an adult dependant whose net income does not exceed the prescribed amount or a spouse;

• (d) paragraph 13(2) sets out the amounts by which a student’s dependants requirement may be reduced or extinguished based on the aggregate of the net income of each of his dependants, a student will no longer be able to obtain an increase in his dependants requirement for children or travel, books and equipment;

• (e) paragraph 14(1) has been amended to provide that where a student or his spouse has elected not to receive the child care element of the working tax credit under Part I of the Tax Credits Act 2002 the dependants requirement shall be increased in respect of child care costs;

• (f) there is no equivalent to paragraph 14(2) as it appeared in the Students Awards Regulations (Northern Ireland) 2002, as a result a student will no longer receive an increase in dependants requirement for school meals or to help with the maintenance of a second home where his dependant or dependants reside but he does not.

Schedule 7 has been amended as follows –

• (a) paragraph 2(1) has been amended so that the definition of “financial year” no longer takes account of the transitional provisions relating to income tax legislation of the Republic of Ireland and the assessment of parental contribution which have been omitted from the Regulations;

• (b) paragraph 4(1) provides that a parental contribution in respect of more than one child cannot exceed the parental contribution that would apply if only that child held an award;

• (c) paragraph 4(2) provides that the Department’s discretion to determine how to apportion the parental contribution shall only apply where a statutory award other than under the Education Student Support Regulations (Northern Ireland) 2003 or section 63 of the Health Services and Public Health Act 1968 is held by any of the specified persons, also, the parental contribution is apportioned equally where sub-paragraph 4 does not apply subject to exceptions.

Footnotes

[^f00001]: Formerly known as the Department of Higher and Further Education, Training and Employment, see the Department for Employment and Learning Act (Northern Ireland) 2001 C. 15

[^f00002]: As amended by S.I. 1993/2810 (N.I. 12): Article 50 and Schedule 4 Part II

[^f00003]: S.I. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, (S.I. 1998/1760 (N.I. 14)), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, (S.R. 1998 No.460 (c. 22))

[^f00004]: S.R. 1999 No. 481 Article 5(b) and Schedule 3 Part II

[^f00005]: O.J. No. L257, 19.10.68, p. 2. (O.J./S.E. 1968 (II) p. 475)

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

[^f00007]: 1994 c. 30

[^f00008]: Cmnd. 2073

[^f00009]: Cmnd. 2183

[^f00010]: 1963 c. 33, section 76 was amended by the Local Authorities etc (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11

[^f00011]: 1999 c. 29

[^f00012]: Cmnd. 9171

[^f00013]: Cmnd. 3906 (Out of Print)

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

[^f00015]: Cm 4904

[^f00016]: 1978 c. 30: definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12

[^f00017]: The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30)

[^f00018]: 2002 c. 32

[^f00019]: Article 70 was substituted by S.I. 1987/167 (N.I. 2) Article 8 and amended by S.I. 1993/2810 (N.I. 12) Article 50(2) and Schedule 5

[^f00020]: ERASMUS is part of the European Community action programme SOCRATES, (O.J. No. L87, 20.4.95, p. 10)

[^f00021]: S.R. 2002 No. 265

[^f00022]: 1954 c. 33 (N.I.)

[^f00023]: S.R. 1996 No. 190 was revoked and replaced by S.R. 1996 No. 298

[^f00024]: 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

[^f00025]: 2002 c. 21

[^f00026]: 1992 c. 7

[^f00027]: 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. 1995/775 (N.I. 22)); the relevant Regulations are S.R. 1996/438

[^f00028]: 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 (S.I. 1994/429) (N.I. 2))

[^f00029]: S.I. 1995/755 (N.I. 2)

[^f00030]: 2002 c. 21

[^f00031]: S.I. 1996/274 (N.I. 1)

[^f00032]: S.I. 1999/3110, made in exercise of the powers conferred by sections 15(1) and 15(4) of the Tax Credits Act 1999 (c. 10)

[^f00033]: S.I. 1995 No. 755 (N.I. 2)

[^f00034]: 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)

[^f00035]: 1994 c. 30

[^f00036]: 1992 c. 13

[^f00037]: 1992 c. 7

[^f00038]: 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

[^f00039]: 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

[^f00040]: 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)