Students Awards Regulations (Northern Ireland) 1991

Regulation 3(3)(a)

SCHEDULE 1 Training programmes

1.  The Training Opportunities Programme, the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be.

2.  The Youth Training Programme of the Departments of Economic Development and Education.

3.  Other training opportunities provided by the Department of Economic Development.

Regulations 6, 7 and 9 and 11

SCHEDULE 2 PERSONS

Regulations 6(1), 7 and 9

PART I Specified persons

1.  A person—

(a) who attends a specified course during an academic year beginning after 31st August 1991; and

(b) who has been—

(i) resident on the relevant day in the area of a board; and ordinarily resident in the British Islands throughout the three years immediately preceding the first year of the specified course, or

(ii) in the case of a person entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of the Council Regulation ordinarily resident throughout the three years immediately preceding the first year of the specified course in the European Community: and

(c) to whom an award has not been made under these Regulations or previous awards regulations by the board in respect of the specified course; and

(d) who, if he has previously attended a course of higher education, has attended such a course which was provided by a college listed in Schedule 5.

Regulations 6(1) and 9

PART II Excluded persons

2.  A person who—

(a) has, in the opinion of the board, by his conduct shown himself unfitted to receive an award;

(b) has previously attended one or more than one course of higher education and the aggregate duration of such course or courses which he has attended (excluding any periods of unpaid service or research or of practice undertaken as part of the student’s course of the kinds mentioned in head ((1) in the definition of periods of experience in regulation 3(1) and, in the case of a sandwich course, periods of experience), exceeds two academic years, unless the course which he previously attended or successfully completed was such as is mentioned in paragraph 1(d).

Regulations 3(1), 10, 18(2), 18(3) and 18(4)

SCHEDULE 3 Specified courses

1.  A first degree course.

2.  A course for the postgraduate certificate in education.

3.  A course for the Diploma of Higher Education.

4.  A course for the Higher Diploma.

5.  A course comparable to a first degree course.

6.  An international course.

Regulations 11, 12(1), 12(2), 19(1) and 19(3)(b)

SCHEDULE 4 Terms and conditions

Transfer of awards

1.—(1) Subject to sub-paragraphs (3) and (4), if a student who holds an award for a specified course commences, on the recommendation of the academic authority, to attend at the institution a specified course other than the one in respect of which the award is held, such award shall be transferred by the board at the request of the student so as be held in respect of his attendance at the new course.

(2) Subject to sub-paragraphs (3) and (4), if a student who holds an award for a specified lied course commences, with the written consent given on educational grounds of the academic authorities of both institutions concerned, to attend a specified course at another institution, such award shall be transferred by the board at the request of the student so as to be held in respect of his attendance at the new course.

(3) An award shall not be transferred unless—

(a) the recommendation or consent is given not later than four months after the end of the first year of the course in respect of which the award was originally made; or

(b) the board is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system; or

(c) the board, after consulting the academic authority or authorities concerned, is satisfied that the period which the student will ordinarily require to complete the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring—

(i) in each case, periods of experience which are part of a sandwich course; and

(ii) in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the board would not make any payment for maintenance in respect of that period under regulation 18(1).

(4) A board may refuse to transfer an award if, after consulting the academic authority concerned, it is satisfied that when the student applied for such transfer he did not intend to complete the course to which such application related.

Conditions relating to applications

2.—(1) Subject to sub-paragraphs (2) and (3), an award shall be subject to the conditions that—

(a) an application in respect thereof shall be made in writing and shall reach the board not later than the end of the term in which the applicant commences his course;

(b) the applicant furnishes the board with a written undertaking that, where provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon so to do, repay the excess amount;

(c) the applicant if so required by the board will provide it from time to time with such information as it may consider necessary for the exercise of its functions under Part II of these Regulations.

(2) An application shall be treated as having reached the board as required by sub-paragraph (1)(a) where—

(a) to the knowledge of the board the application has so reached another board; or

(b) before the end of the term in which the applicant commences his course, that course had not become a specified course and the application reaches the board before the end of the first term after that course becomes a specified course; or

(c) in the case of a refugee, or the spouse or child of a refugee, the application reaches the board before the end of the term (of his course) first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or

(d) having regard to the circumstances of the particular case, the board considers it should be so treated.

(3) If the applicant has not attained the age of eighteen years, sub-paragraph (1)(b) shall be read as if the references to the applicant were references to the applicant or his parent.

Termination and extension of awards

3.—(1) Subject to sub-paragraphs (2) to (4), an award shall terminate on the expiry of the period ordinarily required to complete the course in respect of which it is made or to which it is transferred in pursuance of paragraph 1(1) or 1(2).

(2) If the academic authority refuses to allow the student to complete his course, the board shall terminate the award forthwith.

(3) If the student does not complete his course within the period ordinarily, required, the board—

(a) may extend the award until he has completed the course; and

(b) shall extend the award for a period equivalent to any period in respect of which it has made any payment under regulation 18(1).

(4) The board may extend an award to enable a student to follow an associated course of study during or at the end of the course in respect of which he holds an award.

(5) The board may, after consultation with the academic authority, terminate an award if it is satisfied that the student has either—

(a) abandoned the course in respect of which he holds the award and the award does not fall to be transferred in pursuance of paragraph 1(1) or 1(2); or

(b) shown himself by his conduct to be unfitted to hold an award.

Supplementary provisions

4.—(1) If, after consultation with the academic authority concerned, a board is of the opinion that the attendance, conduct or progress of a student in relation to a course is not satisfactory, it may suspend or terminate an award held by him in respect of that course, or withhold or reduce any payment normally due in respect of that award.

(2) If, in the case of a student who is required to provide information in accordance with paragraph 2(1)(c), the board is satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular, or has recklessly provided information which is false in a material particular, the board may terminate the award or withhold any payments due under the award as it sees fit.

Paragraph 1(d) of Schedule 2

SCHEDULE 5 Colleges providing long-term residential courses of full-time education for adults

• Institute of Continuing Education of the University of Ulster, Magee College, Londonderry

• Co-operative College, Loughborough.

• Fircroft College, Birmingham.

• Hillcroft College, Surbiton.

• Northern College, Barnsley.

• Plater College, Oxford.

• Ruskin College, Oxford.

• Coleg Harlech, Harlech.

• Newbattle Abbey, Dalkeith.

Regulations 12(1)(a), 16(1)(a) and 17(2)

SCHEDULE 6 Fees

The fees referred to in regulation 12(1)(a) are—

(a) the aggregate of any fees for admission, registration or matriculation (including matriculation exemption), any sessional or tuition fees, any composition fee and any graduation fee (in each case excluding any element thereof representing or attributable to any such fee as is mentioned in the following sub-paragraphs or to maintenance) subject to the following maxima:

(1) in the case of a course not covered by sub-paragraphs (2) or (3), £592 in respect of the first and second terms and £591 in respect of the third term;

(2) in the case of a course with a substantial laboratory or workshop component, or a course leading to the Postgraduate Certificate in Education, or the pre-clinical elements of courses in medicine, dentistry and veterinary science, £883 in respect of the first and second terms and £884 in respect of the third term;

(3) in the case of the clinical training elements of courses in medicine, dentistry and veterinary science, £1,590 in respect of each term;

Provided the said maximum fees shall be—

(i) £470 in respect of each of the four terms in the case of a course at the University of Buckingham;

(ii) £547 in respect of the first and second terms and £546 in respect of the third term in the case of a full-time course at the Union Theological College, Belfast, the Edgehill College, Belfast, or the Irish Baptist College, Belfast, for the degree of Bachelor of Divinity or the Diploma in Theology of Queen’s University, Belfast;

(iii) subject to sub-paragraphs (iv) and (v), £665 for each academic year in respect of courses at institutions which are neither maintained nor assisted by grants paid out of public funds;

(iv) the following amounts in respect of courses at the following institutions—

	for the 1st term	for the 2nd term	for the 3rd term
Guildhall School of Music	£960	£960	£960
Heythrop College	£475	£475	£475;

(v) £592 in respect of each of the first and second terms and &591 in respect of the third term in the case of a course at the Royal Agricultural College commencing in the academic year 1990-91 or 1991-92 only;

(vi) in respect of any academic year of a sandwich course during which a period of experience is undertaken but there are no periods of full-time study, £296 in respect of the first and second terms and £295 in respect of the third term in the case of a course falling within (1) above and £442 in respect of each of the first and second terms and £441 in respect of the third term in the case of a course falling within (2) above;

(b) college fees or dues at the universities of Cambridge, Durham, Kent, Lancaster, Oxford and York (excluding any element thereof representing or attributable to any such fee as is mentioned in sub-paragraph (c) or to maintenance);

(c) any fees charged by an external body in respect of examinations or the validation of the course or otherwise charged by such a body whose requirements must (for the purposes of the course) be satisfied, or any fees attributable to fees so charged.

Regulations 13(1)(a), 13(3), 15(2) and 16(1)(b)

SCHEDULE 7 REQUIREMENTS

PART I Ordinary maintenance

1.—(1) The requirements of the student referred to in regulation 13(1)(a) shall include his requirement for ordinary maintenance during—

(a) any period while he is attending the course; and

(b) the Christmas and Easter vacations;

and the amount of such requirement (“ordinary maintenance requirement”) shall be determined in accordance with this Part.

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

2.—(1) This paragraph shall apply in the case of—

(a) any student who, on the recommendation of the academic authority, resides in the institution or in a hostel or other accommodation administered by the academic authority;

(b) any independent or married student who does not reside at his parents' home;

(c) any other student who does not reside at his parents' home, except where he can in the opinion of the board conveniently attend the course from his parents' home and the board, after consultation with the academic authority, considers that in all the circumstances the ordinary maintenance requirement specified in paragraph 3(2) would be appropriate; and

(d) any student residing at his parents' home whose parents by reason of age, incapacity or otherwise cannot reasonably be expected to support him and in respect of whom the board is satisfied that in all the circumstances the ordinary maintenance requirements specified herein would be appropriate.

(2) In the case of such a student the ordinary maintenance requirement shall be £2,265 except that—

(a) where he is attending a course at the University of London or at an institution within the area comprising the City of London and the metropolitan police district, it shall be £2,845;

(b) where he is attending, for at least one term and as a necessary part of his course, at an establishment in a country outside the United Kingdom, it shall (notwithstanding anything in sub-paragraph (a)) be—

• £3,570 if that country is a highest-cost country;

• £3,130 if that country is a higher-cost country;

• £2,695 if that country is a high-cost country; and

• £2,265 in any other case.

3.—(1) This paragraph shall apply in the case of any other student, that is to say, in the case of—

(a) a student residing at his parents' home, except where the conditions specified in paragraph 2(1)(d) are satisfied;

(b) a student whose case falls within the exception to paragraph 2(1)(c).

(2) In the case of such a student the ordinary maintenance requirement shall be £1,795.

PART II Supplementary maintenance, etc.

4.  The requirements referred to in regulation 13(1)(a) shall include the student’s requirements—

(a) for supplementary maintenance in the cases and for the periods mentioned in paragraphs 5 and 6; and

(b) in respect of such expenditure as is mentioned in paragraphs 7 to 11,

and the amount of any such requirement (“supplementary requirement”) shall be determined in accordance with this Part.

5.—(1) This paragraph shall apply in the: case of a student who having, m any academic year, attended his course—

(a) in the case of a course provided at the University of Oxford or Cambridge, for a period of 25 weeks 3 days; or

(b) in the case of any other course, for a period of 30 weeks 3 days,

in that year attends a course so provided, for a further period (“the excess period”).

(2) In respect of each week and any part of a week comprised in the excess period the supplementary requirement shall be—

(a) in the case of a student residing at his parents' home, £34.80;

(b) in the case of any other student, £49.65 except that—

(i) where he is attending a course at the University of London or at an institution within the area comprising the City of London and the metropolitan police district, it shall be £66.30;

(ii) where he is attending, for at least one term and as a necessary part of his course, at an establishment in a country outside the United Kingdom, it shall (notwithstanding anything in sub-paragraph (i)) be—

• £92.75 if that country is a highest-cost country;

• £78.60 if that country is a higher-cost country;

• £64.35 if that country is a high-cost country; and

• £50.15 in any other case.

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 his course in the period of 52 weeks, 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 expenditure—

(a) within the United Kingdom for the purpose of attending the institution;

(b) within or outside the United Kingdom, for the purpose of attending as part of his course, any period of study at an establishment in a country outside the United Kingdom.

(2) The reference in sub-paragraph (1)(a) to the student attending the institution shall be construed—

(a) in the case of any establishment which is a constituent college, hall or school (including medical school) of a university or is a university with such constituent establishments, as including a reference to his attending, in connection with his course, any constituent establishment of the university: and

(b) 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, as including a reference to his attending, in connection with his course but otherwise than for the purposes of residential study away from the establishment, any hospital not comprised therein at which facilities for clinical training are provided.

(3) For the purposes of sub-paragraph (5)—

(a) a student’s total travel expenditure is the aggregate amount of expenditure he is obliged to incur for any purpose specified in sub-paragraph (1);

(b) a student’s special expenditure is the aggregate amount of expenditure he is obliged to incur for the purposes specified in sub-paragraph (1)(b), for the purpose of such attendance as is referred to in sub-paragraph (2)(b), and, in the case of a disabled student, for any other purpose specified in sub-paragraph (1) if it is expenditure which the board is satisfied the student would not have incurred but for his disability:

provided that, where a period of study outside the United Kingdom (whether or not at an institution) is not a necessary part of the student’s course, so much of hi>expenditure for the purpose of attending that period of study as—

(a) was incurred outside the United Kingdom, or

(b) was incurred within the United Kingdom but is in respect of a journey between, a port or airport within and a place outside the United Kingdom, or is in respect of a benefit to be enjoyed outside the United Kingdom,

shall not be treated as part of the student’s total travel expenditure or special expenditure, save in so far as and to the extent that the board considers appropriate.

(4) For the same purposes as aforesaid, the following amounts shall be disregarded—

(i) £133 of any requirement under paragraph 2;

(ii) £207 of any requirement under paragraph 3;

(iii) £6.90 of any requirement under paragraph 5(2)(b);

(iv) £4.40 of any requirement under paragraph 5(2)(b):

provided that where a student’s requirements under paragraph 2 or 3 relate to only part of the year, the said proportion shall be deemed to be an equivalent part of £133 or £207 as the case may be.

(5) The student’s supplementary requirement in respect of such expenditure as is referred to in sub-paragraph (1) shall comprise either—

(a) his special expenditure; or

(b) the amount by which his total travel expenditure exceeds the amounts specified in sub-paragraph (4),

whichever is the less, and, where the course in respect of which the student’s award was granted began before 1st September 1984, the amount (if any) by which his total travel expenditure excluding his special expenditure exceeds the sum of the amounts specified in sub-paragraph (4) and £150.

(6) For the purposes of this paragraph a reference to expenditure incurred for the purpose of attending an institution, establishment or period of study includes expenditure incurred both before and after so attending.

8.—(1) This paragraph shall apply in the case of a student whose home is for the time being outside the United Kingdom and who incurs expenditure travelling between his home and the institution at the beginning and end of term.

(2) In determining the supplementary requirement of such a student under paragraph 7, the board shall treat such amount of the said expenditure as it considers appropriate (having regard to the extent of that requirement apart from this paragraph), not exceeding the amount the student was obliged to incur, as if it were part of the student’s total travel expenditure.

9.—(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.

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

• provided that where the expenditure was incurred in connection with a period of study which was not a necessary part of his course, his requirement in respect thereof shall be such amount as the board considers appropriate, not exceeding the said amount.

10.—(1) This paragraph shall apply in the case of a student who—

(a) is attending a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, physical education, town and country planning or veterinary science (or medicine) or such a course comprising any of those subjects as a principal subject; and

(b) for the purposes thereof necessarily incurs expenditure in the purchase of special equipment.

(2) The student’s supplementary requirement in respect of such expenditure shall be so much of the expenditure as does not during the course exceed £90.

11.—(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, other than expenditure for a purpose specified in paragraph 7(1).

(2) The student’s supplementary requirement in respect of a non-medical personal helper shall be such amount as the board considers appropriate not exceeding £4,240.

(3) The student’s supplementary requirement in respect of major items of specialised equipment shall be such amount as the board considers appropriate not exceeding £3,180 in total for the duration of his course.

(4) The student’s supplementary requirement in respect of further additional expenditure shall be such amount as the board considers appropriate not exceeding £1,060.

PART III Maintenance of dependants

12.—(1) The requirements referred to in regulation 13(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.

13.—(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 whether under or over compulsory school age, an illegitimate child, a person adopted in pursuance of adoption proceedings, a step-child and any child whose guardian or custodian the student is and who is dependent on him;

• “dependant” means, in relation to a student, his dependent child, his spouse or an adult dependant, subject however to sub-paragraphs (2) and (3);

• “income” means income for the year from all sources less—

  (a)

  income tax, social security contributions and child benefit;

  (b)

  any attendance allowance under section 35 or mobility allowance under section 37A of the Social Security (Northern Ireland) Act 1975(1), or any mobility supplement provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(2);

  (c)

  in the case of the student’s spouse, where she or the student makes any payment which was previously made by him in pursuance of an obligation incurred before the first year of his course—

  (i)

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

  (ii)

  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; and

  (d)

  in the case of the student’s spouse, where a child in the care of the Department of Health and Social Services or a Health and Social Services Board is boarded out with her, any payment made to her in pursuance of section 114(1) of the Children and Young Persons Act (Northern Ireland) 1968(3); and

  (e)

  in the case of the student’s spouse, any guardian’s allowance to which she is entitled under section 38 of the Social Security (Northern Ireland) Act 1975(4);

• “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;

• “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 17) is ordinarily living outside the United Kingdom.

(3) A person shall not be treated as a student’s adult dependant or as his dependent child—

(a) in the case of a person other than a child of the student, if his income exceeds by £675 or more the sum specified in paragraph 14(4)(a);

(b) in the case of a child of a student who either has a spouse who is, or but for sub-paragraph (2) would be, his dependant or has an adult dependant, if the child’s income exceeds by £675 or more the sum specified in paragraph 14(4)(b) and applicable to his age;

(c) in the case of a child of a student not falling within head (b), if either—

(i) the child is the only or eldest child dependent on the student whose income exceeds by £675 or more the sum specified in paragraph 14(4)(a); or

(ii) the child’s income exceeds by £675 or more the sum specified in paragraph 14(4)(b) and applicable to his age.

14.—(1) This paragraph shall apply in the case of all students with dependants.

(2) The dependants requirement of the student shall, subject to paragraphs 15 and 16 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 (3) and (4);

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

(3) The amount referred to in sub-paragraph (2) shall be the amount which is

where—

a

X is the aggregate of the relevant sums specified in sub-paragraph (4);

b

Y is the aggregate of the income of the student’s dependants:

c

Z is so much of the sum ascertained by multiplying £675 by the number of his dependants as does not exceed Y.

(4) The relevant sums referred to in sub-paragraph (3) are—

(a) except where the student has a spouse who is the holder of a relevant award, £1,615;

(b) in respect of each dependent child—

(i) under the age of 11 immediately before the beginning of the academic year, or born during that year, £340;

(ii) then aged 11 or over, but under 16, £680;

(iii) then aged 16 or over but under 18, £895;

(iv) then aged 18 or over, £1,290,

except that the only or eldest dependent child shall be disregarded for the purposes hereof if the student has neither an adult dependant nor a spouse who is, or but for paragraph 13(2) would be, a dependant.

15.—(1) This paragraph shall apply in the case of a student with dependants who maintains a home for himself and a dependant at a place other than that at which he resides while attending the course.

(2) The student’s dependants requirement (determined in accordance with paragraph 14(2)(a) or 14(2)(b)) shall be increased by £570.

16.—(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 Older students

17.—(1) In this Part, references to any provision of any of the Tax Acts passed before the Income and Corporation Taxes Act 1988(5) shall, in respect of a financial year ending after 5th April 1988, be construed as a reference to the corresponding provision of that Act in so far as that Act is applicable.

(2) This Part shall apply in the case of a student who attained the age of 26 years before the first year of the course in respect of which his award was originally made and—

(a) has, where his course started before 1st September 1986, been in full-time employment for a total of three of the six years immediately preceding that year;

(b) has, where his course started after 31st August 1986, in the three years immediately preceding that year earned or received by way of such unemployment benefit, supplementary benefit or income support as is chargeable to income tax under respectively section 219 of the Income and Corporation Taxes Act 1970(6), section 27 of the Finance Act 1981(7) or section 29 of the Finance Act 1987(8) sums totalling at least £12,000; or

(c) held an award in respect of his attendance at a previous course and—

(i) where the previous course started before 1st September 1986 was in full-time employment as aforesaid immediately preceding the first year of that previous course;

(ii) where the previous course started on or after 1st September 1986 had earned or received such sums as are mentioned at sub-paragraph (b) in the three years immediately preceding the first year of that previous course; or

(iii) was a person to whom an older student’s allowance was paid under previous awards regulations.

18.  The requirements referred to in regulation 13(1)(a) shall, in the case of such a student, include—

(a) where at the beginning of the first year of his course he was aged 26 years, the sum of £265;

(b) where he was so aged 27 years, the sum of £480;

(c) where he was so aged 28 years, the sum of £715;

(d) where he was so aged 29 or more years, the sum of £935.

PART V Construction of Parts I to IV

19.  In this Schedule, 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.

20.  In this Schedule, 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.

21.  For the purposes of this Schedule, attendance at an establishment or a period of study is a necessary part of a student’s course only where the board is satisfied that if the student did not attend the establishment or undertake the period of study, he would not be eligible to complete his course and, for the purpose of being so satisfied, the board may require the matter to be evidenced by a certificate given by the academic authority.

Regulations 13(1)(b) 13(3) and 15(2)

SCHEDULE 8 RESOURCES

PART I Student’s income

Calculation of student’s income

1.—(1) In calculating the student’s income for the purposes of regulation 13(1)(b) there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, but there shall be disregarded the following resources—

(a) the first £675 of any income other than income of a kind mentioned in the following provisions of this sub-paragraph and other than any sum treated as income under sub-paragraph (3);

(b) the first £3,295 of any income 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) 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)—

(i) the whole of that income or those payments if a parental contribution ascertained in accordance with Part II or a spouse’s contribution ascertained in accordance with Part III is applicable (at whatever amount including nil that contribution is ascertained to be), or

(ii) he first £1,545 of that income or those payments if such a contribution would be applicable but for the fact that the student has no parent living or is such a student as is described in paragraph 3(b), (c), (d) or (e);

(d) any disability pension not subject to income tax;

(e) any income received as a reservist with the armed forces or in the Ulster Defence Regiment or in the Royal Ulster Constabulary Reserve;

(f) remuneration for work done during any 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;

(h) any payment made for a specific educational purpose otherwise than to meet such fees and such requirements for maintenance as are specified in Schedules 6 and 7;

(i) child benefit;

(j) any income support under the Social Security (Northern Ireland) Order 1986(9) or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1987(10):

(k) any attendance allowance under section 35 or mobility allowance under section 37A of the Social Security (Northern Ireland) Act 1975(11), or any mobility supplement provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(12);

(l) any housing benefit granted to him in pursuance of a scheme under Article 21 of the Social Security (Northern Ireland) Order 1986(13) or a scheme under Part II of the Social Security Act 1986(14);

(m) in the case of a student with whom a child in the care of the Department of Health and Social Services or a Health and Social Services Board is boarded out, any payment made in pursuance of section 114(1) of the Children and Young Persons Act (Northern Ireland) 1968(15);

(n) any guardian’s allowance to which he is entitled under section 38 of the Social Security (Northern Ireland) Act 1975;

(o) any payments made to the student under the action programme of the European Community in Education and Training for Technology known a5 COMETT(16);

(p) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS(17) or the European Community programme for foreign language competence known as LINGUA(18);

(q) the first £2,580 of any pension other than one of the kind mentioned at sub-paragraph (d), however described, and including any such pension paid to the student as a widow, child or dependant;

(r) any payment made to the student in pursuance of the Education (Student Loans) (Northern Ireland) Order 1990(19));

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

(2) 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 of regulation 13(1)(b) 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 purposes of Part III of Schedule 7 and, in pursuance of paragraph 14(1) thereof, the payment is taken into account in determining the spouse’s income.

(3) 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(4) thereof as the board considers just shall be treated as part of the student’s income for the purposes of regulation 13(1)(b).

PART II Parental contribution

Definitions and construction of Part II

2.—(1) In this Part—

• “child” includes a person whether under or over compulsory school age and 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;

• “gross income” has the meaning assigned to it by paragraph 5;

• “income of the student’s parent” means the total income of the parent from all sources computed as for income tax purposes, 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;

• “total income” has the same meaning as in section 835(1) of the Income and Corporation Taxes Act 1988(20).

(2) Where, in a case not falling within paragraph 5(3) or 5(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 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 total income by reason only that—

(a) he is not resident, ordinarily resident or domiciled in the United Kingdom,

(b) the income does not arise in the United Kingdom, or

(c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any enactment,

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.

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;

(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 has been in the care of the Department of Health and Social Services or a Health and Social Services Board or in a voluntary home as defined in section 126 of the Children and Young Persons Act (Northern Ireland) 1968(21) throughout the three months immediately preceding—

(i) the first year of his course; or

(ii) without prejudice to head (i), his attaining the age of 18 years where he had attained that age before the first year of his course,

and has not, at any time, during the said period of three months been allowed by that Department or that Board to be under the charge and control of his parents or, in the case of a student who has been in a voluntary home, has not, at any time during such period, been under such charge and control;

(d) a student whose parents are residing overseas 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 in the year preceding the first year of his course the student has had his home with the parent whom the board considered the more appropriate for the purposes of that sub-paragraph and that parent has died.

Parental contribution

4.—(1) In the case of a student who attained the age of 18 before the 15th March 1988 and who—

(a) began his course before that date; or

(b) began a previous specified course or a course for the initial training of teachers before that date and has not subsequently had a break of two years or more during which he was not attending any specified course or any course for the initial training of teachers,

the parental contribution shall, subject to sub-paragraphs (3), (4) and (5) be—

(a) in any case in which the residual income is £12,650 or more but less than £16,170, £60 with the addition of £1 for every complete £7.70 by which it exceeds £12,650;

(b) in any case in which the residual income is £16,170 or more but less than £23,760, £517 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, £1,897 with the addition of £1 for every complete £4.40 by which it exceeds £23,760,

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 £100; and in any case in which the residual income is less than £12,650 the parental contribution shall be nil.

(2) In any other case, the parental contribution shall, subject to sub-paragraphs (3), (4) and (5), be—

(a) in any case in which the residual income is 512,650 or more but less than £16,170, £45 with the addition of £1 for every complete £10.25 by which it exceeds £12,650;

(b) in any case in which the residual income is £16,170 or more but less than £23,760, £388 with the addition of £1 for every complete £7.30 by which it exceeds £16,170; and

(c) in any case in which the residual income is £23,760 or more, £1,427 with the addition of £1 for every complete £5.85 by which it exceeds £23,760;

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 £75; and in any case in which the residual income is less than £12,650 the parental contribution shall be nil.

(3) The amount or (where a contribution is ascertained in respect of more than one child of the parent) the aggregate amount of the parental contribution shall in no case exceed £5,800.

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

(a) more than one child of the parent;

(b) the parent; or

(c) the student’s step-parent,

the parental contribution for 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:

• provided that where a contribution is ascertained in respect of more than one child of the parent—

  (a)

  where the contributions are either all ascertained under sub-paragraph (1) or all ascertained under sub-paragraph (2), the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award; or

  (b)

  where the contributions are ascertained under both sub-paragraph (1) and sub-paragraph (2), the aggregate amount of the contributions shall not exceed the average of both or all (as the case may be) the contributions thus ascertained.

(5) Where in any year a student attends only part of his course the parental contribution for that year shall be reduced pro rata.

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 income of the parent in the current financial year is likely to be not more than 85 per cent. 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 references 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;

(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—

(a) where the parent dies before the assessment year, be determined by reference to the income of the surviving parent; or

(b) 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 requirements as determined in accordance with Schedule 7; 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 7.

(5) Without prejudice to sub-paragraph (6), where, in pursuance of any trust deed or other instrument or by virtue of sub-sections (1) and (2) of section 32 of the Trustee Act (Northern Ireland) 1958(22) or any other enactment, 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, notwithstanding the provisions of section 154 of the Income and Corporation Taxes Act 1988(23), 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 7; 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 7.

(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 so far as in computing his total income for income tax purposes any deductions fall to be made—

(a) by way of personal reliefs provided for in Chapter 1 of Part VII or section 280 of the Income and Corporation Taxes Act 1988;

(b) in respect of any payment made by the parent under covenant;

(c) in pursuance of any Act passed after the passing of the Finance Act 1987(24) on 15th May 1987; or

(d) without prejudice as aforesaid, of a kind mentioned in sub-paragraph (2), the parent’s income shall be determined as though those deductions did not fall to be made.

(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 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 £1,595 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 Tax Acts in respect of a loan to the parent;

(c) half of the gross amount of any premium payable under a policy of life insurance in respect of which relief is given under section 266 of the Income and Corporation Taxes Act 1988 (life policy and certain other premiums) in the relevant year;

(d) the gross amount of any other premium or sum in respect of which relief is given under sections 266, 273, 619 or 639 of that Act in the relevant year;

(e) where the parents ordinarily live together and one of them 1s incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1 ,255;

(f) 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 £1,255;

(g) 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;

(h) 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 7) and £650 exceeds the sum payable in respect of maintenance in pursuance of that award.

(3) In any case where income is computed as though it were total income by 1 virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in (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.

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 man student ordinarily living with his wife and every woman student so living with her husband except—

(1) 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), 4(2), 4(3), 4(4)(a), 4(4)(c), 5(4), 5(7), 5(8), 5(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 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; and

(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 523,760 or more, 22,190 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 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.

Regulation 13(3)(a)

SCHEDULE 9 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 7.

(2) In the case of such a student—

(a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 8 shall be £1,475 instead of £675; or

(b) the requirements under paragraph 14 of Schedule 7 shall be treated as increased by the sum of 5800; or

(c) in the case of a student to whom Part IV of Schedule 7 applies, his requirements shall be treated as including the sum specified in paragraph 18 thereof,

whichever is the most favourable to him (disregarding head (b) where, in pursuance of paragraph 3, he elects as mentioned therein).

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 7.

(2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 7 shall be disregarded and that instead there shall in calculating his income be disregarded £1,780 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £560 in respect of every other such child.

Regulations 3(1) and 15(2)

SCHEDULE 10 Sandwich courses

1.—(1) 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.

(2) In the application of this Schedule to a student to whom Schedule 9 applies, references to Schedules 7 and 8 are to be construed as references to those Schedules as modified in accordance with Schedule 9.

(3) 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, this Schedule shall have effect as if—

(a) in the definition of “prescribed proportion” in regulation 3(1) for the number “30” there were substituted the number “25”: and

(b) in paragraphs 2(a) and 3(b) for “30 weeks 3 days” there were substituted “25 weeks 3 days”.

2.  The provisions of Schedule 7 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;

(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; 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 8 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.

(1)

Section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. .5)), paragraph 8 of Part II of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3(1) of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)) and paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and Article 3(1) and (2) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)). Section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and amended by Article 4 of the Social Security (Northern Ireland) Order 1979 and Article 72(1) to (3) of, and Schedule 10 to, the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 10 of the Social Security (Northern Ireland) Order 1989

(2)

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, 1983/1521, 1986/592, 1990/250 and 1990/1308)

(3)

1968 c. 34 (N.I.)

(4)

Section 38 was amended by paragraph 13 of Schedule 4 and by Schedule 5 to the Child Benefit (Northern Ireland) Order 1975 (S.I. 1975/1504 (N.I. 16)) and by Article 46 of the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18))

(5)

1988 c. 1

(6)

1970 c. 10

(7)

1981 c. 35

(8)

1987 c. 16

(9)

S.I. 1986/1888 (N.I. 18)

(10)

S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153 and S.R. 1989 No. 371 and S.R. No. 341

(11)

Section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979 S.I. 1979/396 (N.I. 5)). paragraph 8 of Part II of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3(1) of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)) paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and Article 3(1) and (2) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)). Section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and amended by Article 4 of the Social Security (Northern Ireland) Order 1979 and Article 72(1) to (3) of, and Schedule 10 to, the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 10 of the Social Security (Northern Ireland) Order 1989

(12)

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, 1983/1521, 1986/592, 1990/250 and 1990/1308)

(13)

S.I. 1986/1888 (N.I. 18); the scheme under Article 21 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 No. 366 and S.R. 1990 Nos. 33, 137, 345 and 442, S.R. 1991 Nos. 47, 77, 79, 176 and 337)

(14)

1986 c. 50; 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, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017 and S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564 and S.I. 1990/235, 503 and 1599

(15)

1968 c. 34 (N.I.)

(16)

OJ No. L222, 8.8.86. p. 17

(17)

OJ No. L166, 25.6.87. p. 20

(18)

OJ No. L239, 16.8.89: p. 24

(19)

S.I. 1990/1506 (N.I. 11)

(20)

1988 c. 1

(21)

Section 126 was amended by Part II of Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

(22)

1958 c. 23 (N.I.)

(23)

1988 c. 1

(24)

1987 c. 16