The Education (Mandatory Awards) Regulations 1991

• (1) Subject to sub-paragraphs (3) and (4), Part II 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 II.

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

• (a) in any case in which the residual income is £10,010 or more but less than £16,170, £10 with the addition of £1 for every complete £7.70 by which it exceeds £10,010;

• (b) in any case in which the residual income is £16,170 or more but less than £23,760, £810 with the addition of £1 for every complete £5.50 by which it exceeds £16,170; and

• (c) in any case in which the residual income is £23,760 or more, £2,190 with the addition of £1 for every complete £4.40 by which it exceeds £23,760;

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 £10,010 the spouse’s contribution shall be nil:

• Provided that the amount of the spouse’s contribution shall in no case exceed £5,800.

• (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 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.

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 III 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 £1,475 instead of £675; or

• (b) his requirements under paragraph 14 of Part III of Schedule 2 shall be treated as increased by the sum of £800; or

• (c) in the case of a student to whom Part IV of Schedule 2 applies, his requirements shall be treated as including the sum specified in paragraph 18 thereof,

whichever is the most facourable 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 III of Schedule 2.

• (2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 2 shall be disregarded and that instead there shall in calculating his income be disregarded £1,780 in respect of his only or eldest such child and £560 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 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; unpaid service in the prison or probation and aftercare service; teaching practice; unpaid research in an establishment or, in the case of a student attending an international course, unpaid research in a university, college or other educational institution outside the United Kingdom; 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[^f00067]); a health board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00068]; or a health and social services board established under article 16 of the Health and Personal Social Services Order (Northern Ireland) 1972[^f00069];

• “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 definition 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 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;

• (dc) 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 15 it shall be increased by the prescribed proportion of the sum there specified; and

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

3

The provisions of Schedule 3 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 £675 and the reference in paragraph 1(1)(c) to £1,545 shall be construed as a reference to the aggregate of £870 and the prescribed proportion of £675;

• (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

Signed by authority of the Secretary of State for Education and Science.

Michael Fallon — Parliamentary Under-Secretary of State, — Department of Education and Science — 6th August 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st September 1991, supersede the Education (Mandatory Awards) Regulations 1990 (as amended by the Education (Mandatory Awards) (Amendment) Regulations 1991) which are revoked (regulation 6(1)).

Provisions in these Regulations (whether introduced by the Education (Mandatory Awards) (Amendment) Regulations 1991 or by these Regulations) which differ from the corresponding provisions of the 1990 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 made by these Regulations other than the changes in the rates of grant are described below.

Provision has been made for the apportionment of payments between the 1990 and 1991 rates in respect of courses not commencing in the autumn at the University of Buckingham, which has four terms (regulation 6(4)). The definition of a year has been amended accordingly (regulation 2).

Provisions which are redundant after the coming into force of the Education (Areas to which Pupils and Students Belong) Regulations 1989 have been removed; provisions allocating students not covered by those Regulations have been retained and amended where necessary (regulation 9).

The Secretary of State is empowered to designate courses leading to the Diploma of Higher Education provided by establishments which are neither maintained nor assisted by recurrent grants out of public funds (regulation 10(1)(b)(iii)).

The time limits for payment of fees have been specified (regulation 24(4)).

Differentiated fees have been introduced, so that higher fees are payable in respect of courses with a substantial laboratory and workshop component, or courses leading to the Postgraduate Certificate in Education or the pre-clinical elements of courses in medicine, dentistry and veterinary science; yet higher fees are payable in respect of the clinical training elements of such courses (Schedule 1 paragraph (a)(1) to (3)). Some other detailed changes have been made to the maximum level of fees payable in respect of particular courses (Schedule 1 paragraph (2)).

Students undertaking unpaid service in the prison service and students attending an international course and undertaking unpaid research outside the UK can now receive payments pursuant to their awards while doing so (Schedule 5 paragraph 1(1)(c) and (e)).

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]: Cmnd. 9171.

[^f00004]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Further and Higher Education Branch 3, Room 8/1, 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. 1990/1628.

[^f00015]: S.I. 1991/827.

[^f00016]: 1978 c. 30.

[^f00017]: S.I. 1983/1185, as amended by S.I. 1984/1179, 1985/1160 and 1986/1325.

[^f00018]: S.I. 1987/1261.

[^f00019]: OJ No. L257, 19.10.68, p.2 (OJ/SE 1968 (II) p.475).

[^f00020]: S.I. 1978/1096, to which there are amendments not relevant to these Regulations.

[^f00021]: S.I. 1959/364, revoked by S.I. 1982/106.

[^f00022]: 1980 c. 20; section 27 was repealed and replaced by section 218 of the Education Reform Act 1988 with effect from 1st April 1989.

[^f00023]: 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.

[^f00024]: 1981 c. 61.

[^f00025]: 1990 c. 6.

[^f00026]: S.I. 1990/1555.

[^f00027]: 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).

[^f00028]: 1976 c. 36.

[^f00029]: 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).

[^f00030]: 1980 c. 5.

[^f00031]: 1989 c. 41; section 23, and the repeal of section 21(1) of the 1980 Act, are brought into force on 14th October 1991 by S.I. 1991/828.

[^f00032]: 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00033]: 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); section 37ZA is to be inserted by section 1(2) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21) but at the time of making these Regulations no commencement order has been made.

[^f00034]: 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.

[^f00035]: 1988 c. 1.

[^f00036]: 1970 c. 10.

[^f00037]: 1981 c. 35.

[^f00038]: 1987 c. 16.

[^f00039]: 1962 c. 12.

[^f00040]: S.I. 1971/1297.

[^f00041]: S.I. 1972/1124, 1973/1233, 1298, 1644, 1974/1231, 1540.

[^f00042]: 1976 c. 71.

[^f00043]: 1986 c. 50.

[^f00044]: S.I. 1987/1969.

[^f00045]: 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); section 37ZA is to be inserted by section 1(2) of the Disability Living Allowance and Disability Working Allowance Act 1991 (c. 21), but at the time of making these Regulations no commencement order has been made.

[^f00046]: 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).

[^f00047]: 1982 c. 24; the statutory scheme under Part II is currently constituted by the provisions of the Housing Benefits (General) Regulations 1987 (S.I. 1987/1971) and the Community Charge (General) Regulations 1989 (S.I. 1989/ 1321).

[^f00048]: 1986 c. 50.

[^f00049]: 1976 c. 36.

[^f00050]: 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).

[^f00051]: 1980 c. 5.

[^f00052]: 1989 c. 41; section 23, and the repeal of section 21(1) of the 1980 Act are brought into force on 14th october 1991 by S.I. 1991/828.

[^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]: 1989 c. 41; section 24, and the repeal of section 34 of the 1975 Act, are brought into force on 24th October 1991 by S.I. 1991/828.

[^f00055]: OJ No. L222, 8.8.86, p.17.

[^f00056]: OJ No. L166, 25.6.87, p.20.

[^f00057]: OJ No. L239, 16.8.89, p.24.

[^f00058]: 1990 c. 6.

[^f00059]: S.I. 1990/1555.

[^f00060]: 1988 c. 1.

[^f00061]: 1975 c. 72.

[^f00063]: 1925 c. 19.

[^f00064]: 1988 c. 1.

[^f00065]: 1987 c. 16.

[^f00066]: 1975 c. 72; a new section 34 was substituted by section 64 of the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22).

[^f00067]: 1977 c. 49, amended by paragraph 11 of Schedule 3 to the Health and Social Security Act 1984 (c. 48).

[^f00068]: 1978 c. 29.

[^f00069]: S.I. 1972/1265 (N.I. 14).