The Education (Mandatory Awards) Regulations 1990

PART 3 — SPOUSE'S CONTRIBUTION

Application of Part 3

7

A spouse’s contribution ascertained in accordance with this Part shall be applicable in the case of every man student ordinarily living with his wife and every woman student so living with her husband except—

• (a) a student in whose case a parental contribution is applicable in accordance with Part 2; 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 2 above, except paragraphs 3, 4(1), (2), (3), and (4)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(f), 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 student’s spouse and, unless the context otherwise requires, this Part shall be construed as one with the said Part 2.

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

• (a) in any case in which the residual income is £9,100 or more but less than £14,700, £10 with the addition of £1 for every complete £7 by which it exceeds £9,100;

• (b) in any case in which the residual income is £14,700 or more but less than £21,600, £810 with the addition of £1 for every complete £5 by which it exceeds £14,700; and

• (c) in any case in which the residual income is £21,600 or more, £2,190 with the addition of £1 for every complete £4 by which it exceeds £21,600;

reduced in any such case by £100 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 £9,100 the spouse’s contribution shall be nil:

SCHEDULE 4 — SINGLE STUDENTS WITH DEPENDANTS

1

This Schedule shall apply in the case of a student who does not ordinarily live with a spouse or with another person as a spouse.

2

• (1) This paragraph shall apply where the student has dependants within the meaning of Part 2 of Schedule 2.

• (2) In the case of such a student—

• (a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 3 shall be £1,360 instead of £615; or

• (b) his requirements under paragraph 15 of Part 3 of Schedule 2 shall be treated as increased by the sum of £755; or

• (c) in the case of a student to whom Part 4 of Schedule 2 applies, his requirements shall be treated as including the sum specified in paragraph 19 thereof;

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

3

• (1) This paragraph shall apply in the case of a student with one or more child dependants under the age of 19 years and for the purpose of this paragraph “child” shall have the same meaning as in Part 3 of Schedule 2.

• (2) Such a student may elect that the sum specified as his requirements in Part 3 of Schedule 2 shall be disregarded and that instead there shall in calculating his income be disregarded £1,620 in respect of his only or eldest such child and £510 in respect of every other such child.

SCHEDULE 5 — SANDWICH COURSES

1

• (1) In this Schedule—

• “sandwich course” means a course consisting of alternate periods of full-time study in an establishment 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; 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;

• “periods of experience” means, subject to sub-paragraph (2); periods of industrial, professional or commercial experience associated with full-time study at the establishment but at a place outside the establishment, other than periods of— unpaid service in a hospital or in a public health service laboratory; unpaid service with a local authority acting in the exercise of their function relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature; unpaid service in the probation and aftercare service; teaching practice; unpaid research in an establishment; such experience as aforesaid falling wholly within the terms at the establishment in any year which do not comprise paid service or employment and either— do not aggregate more than 6 weeks during that year; or do not aggregate more than 12 weeks during that and some other year taken together, where that other year has not already been taken into account for the purposes hereof; or unpaid service with— a health authority (within the meaning of section 128(1) of the National Health Service Act 1977[^f00065]; a health board constituted under section 2 of the National Health Service(Scotland) Act 1978[^f00066]; or a health and social services board established under Article 16 of the Health and Personal Social Services Order (Northern Ireland) 1972[^f00067];

• “sandwich year” means, as respects any student, any year of a sandwich course which includes both periods of full-time study in the establishment and periods of experience;

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

• “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.

• (2) In the case of a student studying modern languages whose course includes periods of residence in a country whose language is a main language of the course, “periods of experience” means such periods of residence for which he is in gainful employment.

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

• (4) In the application of this Schedule to a student to whom Schedule 4 applies, references to Schedules 2 and 3 are to be construed as references to those Schedules as modified in accordance with Schedule 4.

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

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

• (b) in paragraph 2 for the words “30 weeks 3 days”, in both places where they occur, there were substituted the words “25 weeks 3 days”.

2

The provisions of Schedule 2 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 1;

• (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 1 and the appropriate amount specified in paragraph 5 of Part 2;

• (c) the student’s requirement for the maintenance of a dependant shall be the modified proportion of the sum specified in Part 3 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; and

• (d) if the student is a person to whom Part 4 applies, his requirements under that Part shall be the modified proportion of the amount there specified.

3

The provisions of Schedule 3 shall, as respects any sandwich year, have effect subject to the following modifications—

• (a) the sums to be disregarded under paragraph 1(1)(a) of Part 1 shall be the prescribed proportion of £615 and the reference in paragraph 1(1)(c) to £1,405 shall be construed as a reference to the aggregate of £790 and the prescribed proportion of £615;

• (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 2; 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 3.

Signed

John MacGregor — Secretary of State for Education and Science — 7th August 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st September 1990, supersede the Education (Mandatory Awards) Regulations 1989 which are revoked (regulation 6(1)).

Provisions in these Regulations which differ from the corresponding provisions of the 1989 Regulations (except as a result of minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots. The changes of substance other than the changes in the rates of grant are described below.

Some changes have been made to the countries included in the definitions of high-cost, higher-cost and highest-cost countries (regulation 2).

New provisions have been inserted to deal with the position of students from other member states of the European Community, and of UK students who live in another member state of the Community, who attend designated courses in England and Wales (regulations 2, 7(2) and 13(1)(b)).

Student loans and payments from access funds are to be disregarded in assessing a student’s income (regulation 23(2)(a) and Schedule 3, paragraphs 1(1)(t) and 1(1)(u)).

Students who are taking part in the Articled Teachers Scheme will not be entitled to an award (regulation 23(3)).

The arrangements for payment of tuition fees have been amended so that most fees now become payable in termly instalments (regulation 24(2)). The maximum fee rates payable are also significantly increased (Schedule 1).

Additional allowances for disabled students are introduced (Schedule 2, paragraphs 12(2) and 12(3)).

Any child whose custodian the student is can now be treated as a dependant for the purpose of assessing a maintenance grant (Schedule 2, paragraph 14(1)).

Income received by the student under the LINGUA scheme is to be disregarded (Schedule 3, paragraph 1(1)(r)).

The qualifying period for disregarding the parental income of a student in care or the subject of a custodianship order has been reduced to three months (Schedule 3, paragraphs 3(c) and 3(e)).

The treatment of parental income where the parents have separated is brought into line with the treatment of income where one of the parents dies (Schedule 3, paragraphs 5(8)(a) and (b)).

Footnotes

[^f00001]: 1962 c. 12; the relevant provisions, as amended, are set out in Schedule 5 to the Education Act 1980 (c. 20); section 1(3)(d) was amended by the Education (Grants and Awards) Act 1984 (c. 11), section 4.

[^f00002]: 1973 c. 16.

[^f00003]: Comnd. 9171.

[^f00004]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Further and Higher Education Branch 3, Room 9/1, the Department of Education and Science, Elizabeth House, York Road, London SE1 7PH).

[^f00005]: 1975 c. 14.

[^f00006]: 1980 c. 30.

[^f00007]: Section 36 was substituted by section 11 of the Health and Social Security Act 1984 (c. 48); a new section 22 was substituted by paragraph 13 of part II of Schedule 4 to the Social Security Act 1986 (c. 50); section 15(1)(b) was amended by paragraph 5(1) of Schedule 1 to the Social Security Act 1989 (c. 24).

[^f00008]: 1982 c. 24.

[^f00009]: 1986 c. 50.

[^f00010]: 1976 c. 71; a new section 5 was substituted by section 38(1) of the Social Security and Housing Benefits Act 1982 (c. 24); section 5 was repealed with effect from 11th April 1988 by Schedule 11 to the Social Security Act 1986 (c. 50).

[^f00011]: 1986 c. 50.

[^f00012]: S.I. 1981/1086, to which there were amendments not relevant to these Regulations. Schedule 2 to the Regulations is revoked by the Education (Schools and Further and Higher Education) Regulations 1989 (S.I. 1989/351).

[^f00013]: 1988 c. 40.

[^f00014]: S.I. 1989/1458.

[^f00015]: 1978 c. 30.

[^f00016]: S.I. 1983/1185, as amended by S.I. 1984/1179, 1985/1160 and 1986/1325.

[^f00017]: S.I. 1987/1261.

[^f00018]: OJ No. L257, 19.10.68, p. 2 (OJ/SE 1968 (II) p. 475).

[^f00019]: 1980 c. 20; section 31(3) was repealed by section 67(6) and Schedule 6 to the Education (No. 2) Act 1986.

[^f00020]: 1986 c. 61; section 51(1) came into force on the 1st September 1987.

[^f00021]: 1953 c. 33; section 7 was repealed by section 38(6) and Schedule 7 to the Education Act 1980.

[^f00022]: S.I. 1978/1096, to which there are amendments not relevant to these Regulations.

[^f00023]: S.I. 1959/364, revoked by S.I. 1982/106.

[^f00024]: 1980 c. 20; section 27 was repealed and replaced by section 218 of the Education Reform Act 1988 with effect from 1st April 1989.

[^f00025]: 1988 c. 40; the Regulations currently in force are the Education (Teachers) Regulations 1989 (S.I. 1989/1319), amended by S.I. 1989/1541 and 1990/1561.

[^f00026]: 1981 c. 61.

[^f00027]: 1990 c. 6.

[^f00028]: S.I. 1990/1555.

[^f00029]: 1968 c. 46; section 63 was amended by the National Health Service Reorganisation Act 1973 (c. 32), section 57, Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), section 129, Schedule 15, paragraph 45 and Schedule 16, the National Health Service (Scotland) Act 1978 (c. 29), section 109, Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17 and the Family Practitioner Committees (Consequential Modifications) Order (S.I. 1985/39), article 6(1).

[^f00030]: 1976 c. 36.

[^f00031]: 1975 c. 14; section 38 was amended by paragraph 12 of Schedule 4 to the Child Benefit Act 1975 (c. 61) and by section 45 of the Social Security Act 1986 (c. 50).

[^f00032]: 1980 c. 5.

[^f00033]: 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00034]: 1975 c. 14; section 35 has been amended by paragraph 63 of Schedule 15 to the National Health Service Act 1977 (c. 49), section 2 of the Social Security Act 1979 (c. 18), paragraph 8 of Schedule 1 to the Social Security Act 1980 (c. 30), section 1 of the Social Security Act 1988 (c. 7) and paragraph 5 of Schedule 8 to the Social Security Act 1989 (c. 24); section 37A was inserted by section 22 of the Social Security Pensions Act 1975 (c. 60).

[^f00035]: 1977 c. 5; the relevant Order currently in force is the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883, amended by S.I. 1983/1116, 1521, 1986/592, 1987/165 and 1990/1308).

[^f00036]: 1988 c. 1.

[^f00037]: 1970 c. 10.

[^f00038]: 1981 c. 35.

[^f00039]: 1987 c. 16.

[^f00040]: 1962 c. 12.

[^f00041]: S.I. 1971/1297.

[^f00042]: S.I. 1972/1124, 1973/1233, 1298, 1644, 1974/1231, 1540.

[^f00043]: 1976 c. 71.

[^f00044]: 1986 c. 50.

[^f00045]: S.I. 1987/1969.

[^f00046]: 1975 c. 14; section 35 has been amended by paragraph 63 of Schedule 15 to the National Health Service Act 1977 (c. 49), section 2 of the Social Security Act 1979 (c. 18), paragraph 8 of Schedule 1 to the Social Security Act 1980 (c. 30), section 1 of the Social Security Act 1988 (c. 7) and paragraph 5 of Schedule 8 to the Social Security Act 1989 (c. 24); section 37A was inserted by section 22 of the Social Security Pension Act 1975 (c. 60).

[^f00047]: 1977 c. 5; the relevant Order currently in force is the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883, amended by S.I. 1983/1116, 1521, 1986/592, 1987/165 and 1990/1308).

[^f00048]: 1982 c. 24; the statutory schemes under Part II were constituted by the provisions of the Housing Benefits Regulations 1985 (S.I. 1985/677, to which there were amendments, the only relevant ones being contained in S.I. 1986/1009).

[^f00049]: The Scheme under Part II is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), as amended by section 24(3) of the Employment Act 1988 (c. 19), S.I. 1988/661, 1444 and 1971.

[^f00050]: 1976 c. 36.

[^f00051]: 1975 c. 14; section 38 was amended by paragraph 12 of Schedule 4 to the Child Benefit Act 1975 (c. 61) and by section 45 of the Social Security Act 1986 (c. 50).

[^f00052]: 1980 c. 5.

[^f00053]: 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00054]: OJ No L222, 8.8.86, p. 17.

[^f00055]: OJ No L166, 25.6.87, p. 20.

[^f00056]: OJ No L239, 16.8.89, p. 24.

[^f00057]: 1990 c. 6.

[^f00058]: S.I. 1990/1555.

[^f00059]: 1988 c. 1.

[^f00060]: 1975 c. 72.

[^f00061]: 1925 c. 19.

[^f00062]: 1988 c. 1.

[^f00063]: 1987 c. 16.

[^f00064]: 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00065]: 1977 c. 49, amended by paragraph 11 of Schedule 3 to the Health and Social Security Act 1984 (c. 48).

[^f00066]: 1978 c. 29.

[^f00067]: S.I. 1972/1265 (N.I. 14).