Statutory Rules of Northern Ireland
EDUCATION
Made
4th August 1997
Coming into operation
1st September 1997
1. These Regulations may be cited as the Students Awards Regulations (Northern Ireland) 1997 and shall come into operation on 1st September 1997.
2. The Students Awards (No. 2) Regulations (Northern Ireland) 1996(3) and the Students Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1996(4) are hereby revoked.
3.—(1) In these Regulations—
“academic authority” in relation to an institution means the governing body or other body having the functions of a governing body and includes a person acting with the authority of that governing body or other body;
“area” means the area of a board;
“award” includes an award made under previous awards regulations, and either a fees only award or a full award made under these Regulations;
“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man;
“Certificate in Education” includes a Teacher’s Certificate;
“the Council Regulation” means Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community as extended by the EEA Agreement(5);
“course comparable to a first degree course” means—
a course of at least 3 academic years' duration provided by a university or universities for a certificate, diploma or other academic award;
an educational facility designated by the Department under Article 50(1);
“course for the Diploma of Higher Education” means a course provided by—
a publicly funded institution for the Diploma of Higher Education;
a publicly funded institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
a publicly funded institution in conjunction with a private institution, or by a private institution, for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State for Education and Employment;
“course for the Higher Diploma” means—
a course provided by a publicly funded institution for the Higher National Diploma or the Higher National Diploma of the Business and Technology Education Council (“BTEC”);
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Higher National Diploma or the Higher National Diploma of the Business and Technology Education Council, which is for the time being designated for the purposes of this provision by the Secretary of State for Education and Employment;
“course of higher education” means a course of a type listed in Schedule 7 to the Education Reform (Northern Ireland) Order 1989(6) and, for the purposes of paragraph 2(d) of Schedule 2, includes a full-time course outside Northern Ireland which is comparable to a full-time course of higher education in Northern Ireland;
“course of initial teacher training” means—
a full-time course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by a publicly funded institution or where a private institution is an eligible institution as defined by section 4(2) of the Education Act 1994(7) by a public institution in conjunction with such a private institution, or by such a private institution;
a part-time course of teacher training, involving not less than 3 days' attendance for the purposes of study or teaching practice during each of at least 30 weeks during each year of the course, for the time being specified for the purposes of this provision by the Department;
any other course of teacher training, whether full-time, part-time or partly full-time and partly part-time, for the time being so specified; and
for the purposes of paragraphs (a) to (c) a full-time course is a course involving not less than 30 weeks' full-time attendance for the purposes of study or teaching practice during each year of the course, a part-time course is a course involving periods of attendance for those purposes all of which are part-time, and a partly full-time and partly part-time course is any other course, and in this definition in relation to a course provided at the University of Oxford or Cambridge a reference to a period of 30 weeks shall have effect as a reference to a period of 25 weeks;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Republic of Ireland or the Council for National Academical Awards;
“dependent” means wholly or mainly financially dependent;
“discretionary award” shall be construed in accordance with regulation 8(2);
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding for gain of any office and to the following for gain of any occupation;
“establishment of further education” excludes a university but includes a college of education and an institution of further education which also provides higher education;
“European Community” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(8) as adjusted by the Protocol signed at Brussels on 17th March 1993(9);
“EEA migrant worker” means a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom under the Council Regulation or in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the Council Regulation;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein; an area which was previously not part of the European Community or the European Economic Area, but at any time before or after these Regulations came into operation has become part of one or other or both of those areas shall be considered to have always been part of the area of the European Economic Area;
“European student” means a person who is a national of a member State of the European Community or the child of such a national to whom one or more of the exceptions relating to residence in the British Islands or settlement in the United Kingdom found in regulation 7(2) and paragraphs 1(b) and 2(a) of Schedule 2 apply;
“fees only award” means an award made only in respect of fees described in Schedule 6;
“first degree course” means—
a course provided by a publicly funded institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
a course provided by the University of Buckingham for a first degree of that university;
an international course, that is to say a course provided by a publicly funded institution in conjunction with an overseas institution for a first degree;
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for a first degree or for the degree of Bachelor of Medicine or an equivalent degree, which is for the time being designated for the purposes of this provision by the Secretary of State for Education and Employment;
“full award” means an award made in respect of both fees described in Schedule 6 and a maintenance grant;
“highest-cost country” means Denmark, Finland, Iceland, Japan, Norway, Sweden, Switzerland and Taiwan;
“higher-cost country” means Austria, Belgium, France (excluding Departements d'Outre Mer), the Federal Republic of Germany, Hong Kong, Israel, the Republic of Korea, Luxembourg, the Netherlands and countries of the former Soviet Union;
“high-cost country” means Australia, Canada, Greece, Indonesia, the Republic of Ireland, Italy, New Zealand, Spain and the United States of America;
“independent student” means a student who—
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
has supported himself out of his earnings for periods (including any period mentioned in paragraph (3)), before the first year of his course aggregating not less than 3 years; or
has been married for at least 2 years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
has no parent living; or
is irreconcilably estranged from his parents;
“institution” means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994 or a university or relevant institution of higher education in the Republic of Ireland providing a full-time course comparable to one listed in paragraphs 1, 2, 3 or 4 of Schedule 3;
“maintenance grant” means a grant calculated in accordance with regulation 13;
“ordinary maintenance requirement” shall be construed in accordance with paragraph 1(1) of Schedule 7;
“overseas institution” means an educational institution in a country outside the United Kingdom providing further or higher education or both;
“periods of experience” “prescribed proportion” and “sandwich year” in relation to a sandwich course have the meanings respectively assigned to them by paragraph 1 of Schedule 10;
“previous awards regulations” means the Regulations revoked by regulation 2 and any regulations superseded by those Regulations;
“private institution” means an institution or institutions which are not maintained or assisted by recurrent grants out of public funds;
“publicly funded institution” means an institution or institutions which are maintained or assisted by recurrent grants out of public funds;
“refugee” means a person recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(10) as extended by the Protocol thereto which entered into force on 4th October 1967(11) and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“relevant day” means the last day of the month of October, February, April or June (according as the academic year of the course begins in the winter, spring, summer or autumn respectively) preceding the beginning of the course;
“relevant institution of higher education in the Republic of Ireland” means an institution listed in Part II of Schedule 5;
“specified course” means a course of a type listed in Schedule 3; and in relation to any person any reference (otherwise unqualified) to a specified course shall, as the context requires, be construed as a reference to a specified course which the person attends or has applied to attend and any reference to a specified course shall be construed as a reference to either a course of full-time study or a sandwich course;
“statutory award” means any award made or grant paid by virtue of Article 50 (except a maintenance allowance payable under the Maintenance Allowances (Pupils over Compulsory School Age) Regulations (Northern Ireland) 1996(12)) or Article 51 and includes any comparable award made or grant or other payment made in respect of attendance at a course which is paid out of monies provided by or under any statutory provision;
“student” means a person to whom an award has been made under these Regulations or previous award regulations;
“supplementary requirement” shall be construed in accordance with paragraph 4 of Schedule 7;
“the excess period” shall be construed in accordance with paragraph 5(1) of Schedule 7;
“the Order” means the Education and Libraries (Northern Ireland) Order 1986; and a reference by number to an Article is a reference to the Article bearing that number in the Order;
“the Tax Acts” has the same meaning as in Schedule 1 to the Interpretation Act 1978(13);
“university” means a university in the United Kingdom or the Republic of Ireland and includes a university college and a constituent college, school or hall of such a university;
“year”, in respect of a course, means the period of 12 months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course begins in the winter, spring, summer or autumn respectively; and any reference to the first or the final year of a course shall be construed accordingly.
(2) In paragraph (1) “parent” shall have the same meaning as in Part II of Schedule 8.
(3) A period during which a student has supported himself out of his earnings includes any period during which—
(a)the student was in receipt of training in pursuance of a programme of the type described in Schedule 1;
(b)the student was in receipt of unemployment benefit under section 25(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(14) or a jobseeker’s allowance under Part II of the Jobseekers (Northern Ireland) Order 1995(15);
(c)the student was available for employment and, if under the age of 18 years, registered for employment;
(d)the student held a postgraduate studentship or comparable award;
(e)the student received incapacity benefit under section 30A(16), maternity allowance under section 35(1)(17), severe disablement allowance under section 68(1), statutory sick pay under Part XI(18) or statutory maternity pay under Part XII(19) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(f)the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
(4) In paragraph (3) a reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 123(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
(5) For the purposes of these Regulations, a student shall be treated as irreconcilably estranged from his parents if, but not only if, he has not communicated with either one of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.
4. In calculating a person’s income for any year, any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
5. A person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
6.—(1) Persons described in Part I of Schedule 2, with the exception of persons described in Part II of that Schedule, are, subject to paragraph (2), specified by the Department for the purposes of Article 50(1).
(2) The board which shall be under a duty to make an award to a person entitled to the payment of an award by virtue of Article 7(2), (3) or 12 of the Council Regulation shall be—
(a)the board in the area of which the person was last resident during the period of 2 years preceding the relevant day;
(b)if sub-paragraph (a) does not apply, the board in the area of which the institution providing the person’s course is situate.
7.—(1) If a board is satisfied that a person was not ordinarily resident in the British Islands, or in the European Economic Area, throughout the 3 years immediately preceding the first year of the specified course or was not resident in a board’s area on the relevant day only because that person, his spouse, parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, employed temporarily outside the British Islands or, as the case may be, outside the European Economic Area, then, for the purposes of paragraph 1(b) of Schedule 2, that person shall not be regarded as having ceased to be so resident only because of his absence from the British Islands or the European Economic Area or the board’s area in consequence of such employment and paragraph (2) shall not apply in the case of such a person.
(2) For the purposes of paragraph 1(b) of Schedule 2, a person shall not be regarded as ordinarily resident in the British Islands or the European Economic Area if that person was so resident and had taken up that residence wholly or mainly for the purpose of attending a full-time course of education.
(3) For the purposes of paragraph 1(b) of Schedule 2, a person shall not be regarded as ordinarily resident in the British Islands if that person is personally ineligible for a full award.
(4) For the purposes of regulation 6(1) the ordinary residence requirements of paragraph 1(b) of Schedule 2 shall not apply in the case of a refugee, ordinarily resident in the British Islands who has not ceased to be so ordinarily resident since he was recognised as a refugee; or in the case of the spouse or child of such a refugee, and paragraph 2(a) of that Schedule shall not apply in the case of a person who—
(a)has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;
(b)has been granted leave to enter or remain accordingly; and
(c)has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain
or in the case of the spouse or child of such a person.
(5) The person referred to in paragraph 1(b)(ii) of Schedule 2 is—
(a)a European student;
(b)an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of the Council Regulation, or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3) of the Council Regulation;
(c)the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse;
(d)the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the Council Regulation, or where his migrant worker parent is a national of the United Kingdom by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12 of the Council Regulation.
(6) In paragraph (5) “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.
8.—(1) Without prejudice to section 29(3)(a) of the Interpretation Act (Northern Ireland) 1954(20) and to the definition of “award”, an award made in pursuance of the Regulations revoked by regulation 2 before the coming into operation of these Regulations, insofar as it could have been made in pursuance of these Regulations, shall for the purposes thereof, be treated as having been so made.
(2) Where an award was made to a student under Article 50(3) (“the discretionary award”) in respect of a course to which Article 50(1) and (2) did not then apply but the course becomes or has become a specified course and an award within the meaning of these Regulations is or has been made to the student in respect of that course, then if the discretionary award continues to be payable it shall be disregarded in calculating the students income for the purposes of regulations 13(1)(b) and 17: but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
(3) Where—
(a)an award was made to a person pursuant to previous awards regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997; and
(b)the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course,
a board shall not be excepted from the duty to make an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in paragraph 2(a) of Schedule 2.
9.—(1) For the purposes of regulation 19(2) and (4) and paragraphs 1(d), 2(c) and (d) and 3 of Schedule 2—
(a)a person shall not be regarded as having previously attended a course—
(i)unless he has previously both attended and held a statutory award in respect of either more than one course or one course for a period longer than 20 weeks;
(ii)by reason only of his having attended from its beginning the course to which his application for an award relates;
(b)any reference to a person having attended a course shall be construed as a reference to his having done so before or after 1st September 1997;
(c)where an award has been transferred under Schedule 4, the student to whom the award has been made shall be treated as having attended only the new course, and the duration of that course shall be treated as the aggregate of the period spent following the previous course and the period which the student in question would ordinarily require for the completion of the new course in the case of either course being a sandwich course ignoring any periods of experience.
(2) Nothing in paragraph (1) shall affect the duty of the board to make an award to a person in respect of his attendance at—
(a)a postgraduate course for the initial training of teachers, unless he has—
(i)previously attended such a course; or
(ii)successfully completed a course for the degree of Bachelor of Education (or a comparable first degree or award of an institution or the Council for National Academic Awards) which is referred to in paragraph (3);
(b)a course for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution or the Council for National Academic Awards) the duration of which does not exceed two years and which is referred to in paragraph (3) unless he has previously attended—
(i)such a course whether or not its duration exceeded two years; or
(ii)a postgraduate course for the initial training of teachers;
(c)a full-time course of initial training as a teacher of one year’s duration, or a comparable part-time course, not within sub-paragraph (a) or (b), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or comparable course outside Northern Ireland.
(3) A course is referred to in this paragraph if the successful completion of it resulted or results in the person completing it being a qualified teacher within the meaning of section 218(2)(a) of the Education Reform Act 1988(21) or eligible to be employed as a teacher under Article 70(1)(22).
(4) Any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience.
10. The courses listed in Schedule 3 are specified as educational facilities for the purposes of Article 50(1).
11.—(1) Awards to be made by boards shall be subject to the terms and conditions set out in Schedule 4.
(2) Awards to be made by boards shall be either—
(a)a full award in respect of a person’s attendance at a specified course during an academic year beginning after 31st August 1997 if the person concerned is ordinarily resident in the board’s area; or
(b)where sub-paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a specified course at an institution in Northern Ireland during an academic year beginning after 31st August 1997 if the person is a European student.
(3) Where paragraph (2)(a) applies a person shall not be regarded as ordinarily resident in the area of the board as a result of having moved from England, Scotland, Wales, the Channel Islands or the Isle of Man to become ordinarily resident in the area of a board for the purpose of attending his current course or a previous course and shall be treated as being ordinarily resident in the place from which he has moved.
(4) Where paragraph (2)(b) applies the fees only award shall be made by the board in whose area the main facility of the institution is situated.
(5) The reference in paragraph (3) to a previous course is a reference to a course of further education or higher education which, disregarding an intervening vacation, the student was attending immediately before commencing his current course.
12.—(1) Subject to regulations 11, 16, 17, 19 and 20 and paragraph 4 of Schedule 4, the board shall in respect of each year pay in pursuance of an award—
(a)in respect of fees, an amount equal to the aggregate of any fees payable in respect of the student as are described in Schedule 6;
(b)in respect of maintenance—
(i)except in a case in which regulation 11(2), 15 or 16 applies, a grant calculated in accordance with regulation 13;
(ii)in a case in which regulation 15 applies (subject to regulation 15(3)) an amount determined in accordance with that regulation,
and so much of the grant or amount referred to in this sub-paragraph as the board considers appropriate shall be treated as being in respect of the Christmas and Easter vacations.
(2) Subject to regulations 17, 19 and 20 and paragraph 4 of Schedule 4, a board may, in respect of a student who resides in an institution other than a university, pay the amount charged by the institution for his board and lodging.
(3) Where the current academic year of a student’s course began in the winter or the spring of 1997, then, notwithstanding anything in these Regulations, payments in pursuance of an award to that student in respect of the year beginning on 1st January 1997 or, as the case may be, 1st April 1997 shall be the aggregate of—
(a)two-thirds or, as the case may be, one-third of the payments in pursuance of that award which would have fallen to be made in respect of that year under the Regulations referred to in regulation 2 had they not been revoked; and
(b)one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1997 under these Regulations had the academic year of that course begun in the autumn of 1997.
(4) In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 1997 then, notwithstanding anything in these Regulations, payments in pursuance of an award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of—
(a)three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Regulations referred to in regulation 2 had they not been revoked; and
(b)one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 1997 under these Regulations had the academic year of the course begun in the autumn of 1997.
13.—(1) The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purpose of ascertaining that amount—
(a)the requirements of the student shall be taken to be the aggregate of such of the amounts set out in Schedule 7 as are applicable in his case; and
(b)the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 8 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
(2) This regulation and Schedules 7 and 8 shall have effect—
(a)in the case of such a student as is mentioned in Schedule 9, subject to the provisions thereof;
(b)where regulation 15 applies, subject as therein provided.
14. The requirements and resources of a student shall be assessed by the board, and for the purpose of the exercise of its functions under this regulation, the board shall require the student to provide from time to time such information as it considers necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
15.—(1) This regulation shall apply where the course is a sandwich course unless the course is a course of initial teacher training.
(2) For the purpose of calculating payments in respect of maintenance under regulation 12(1)(b) in respect of a sandwich year, that regulation and Schedules 7 and 8 shall have effect subject to the provisions of Schedule 10.
(3) No payment in respect of maintenance under regulation 12(1)(b) shall be made in respect of a year in which there are no periods of full-time study.
16.—(1) This regulation shall apply—
(a)where the course is a part-time course of teacher training described in paragraph (b) or (c) of the definition of “course of initial teacher training” in regulation 3(1); or
(b)where it is a partly full-time and partly part-time course described in paragraph (c) of the said definition.
(2) Where the course is described in paragraph (b) of the definition of “course of initial teacher training” in regulation 3(1), the payment in respect of maintenance under regulation 12(1)(b) shall be a grant equal to three-quarters of the maintenance grant.
(3) Subject to paragraphs (4) and (5) where the course is described in paragraph (c) of the definition of “course of initial teacher training” in regulation 3(1), the payment under regulation 12(1)(b) shall be—
(a)in a year in which the student’s periods of attendance are all periods of full-time attendance or in which his aggregate period of full-time attendance is 30 weeks or more, the maintenance grant;
(b)in a year in which the student’s periods of attendance are all periods of part-time attendance, the sum of £325;
(c)in any other year, a sum equal to the aggregate of—
(i)the proportion of the maintenance grant which the student’s aggregate period of full-time attendance in the year, expressed in weeks, bears to 30; and
(ii)the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
(4) In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except that in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the payment under regulation 12(1)(b) should be £90.
(5) In relation to a student attending a course provided at the University of Oxford or the University of Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to—
(a)a period of 30 weeks were a reference to 25 weeks; and
(b)the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
(6) For the purposes of this regulation a day shall be reckoned as a seventh of a week and attendance means attendance for the purposes of study or teaching practice.
17.—(1) Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 12(1)(a) or (b) shall be made to a person in respect of any year in respect of which he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of—
(a)such fees payable in respect of him as are described in Schedule 6 and if they are payable to an institution which is maintained or assisted by recurrent grants out of public funds, which do not exceed the maxima referred to therein; and
(b)his requirements for maintenance ascertained in accordance with—
(i)Part I of Schedule 7;
(ii)Paragraphs 5, 6 and 10 of Part II of that Schedule; and
(iii)Parts III and IV of that Schedule,
irrespective of whether any maintenance grant would in fact be payable in his case by virtue of any other provision in these Regulations.
(2) The payments referred to in paragraph (1) are the aggregate payments received by the person—
(a)in pursuance of any award, bursary or other payment made to him in respect of the course (other than an award made under these Regulations or previous awards regulations, or by way of a loan under the Education (Student Loans) (Northern Ireland) Order 1990(23), or by way of a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973(24) or out of access funds held by the institution at which he attends his course); and
(b)if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence from that employment or is relieved of his normal duties in the course of that employment for the purpose of attending the course,
except that, if the person’s course is a part-time course of teacher training described in paragraph (c) in the definition of “course of initial teacher training” in regulation 3(1) and some or all of his periods of attendance are periods of part-time attendance, any payments by way of remuneration shall be disregarded.
18.—(1) Subject to paragraph (2), the board shall make any payment due under these Regulations in such instalments (if any) and at such times as it considers appropriate; and in the exercise of its functions under this regulation the board may make provisional payments pending the final calculation of the award.
(2) Subject to paragraphs (3) to (6) the board shall pay such fees as are described in Schedule 6 promptly when a valid request for payment in respect thereof has been received.
(3) Payment of fees described in Schedule 6 shall be made in the number of instalments, if any, mentioned in that Schedule.
(4) The instalments referred to in paragraph (3) shall be paid—
(a)after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid; and
(b)in the case of the instalments referred to in paragraph (a) of Schedule 6 (except sub-paragraph (ii) of that paragraph) and when the academic year of the course begins in the autumn, on or before 10th December in the case of the first instalment, on or before 15th February in the case of the second instalment and on or before 31st May in the case of the third instalment or within one month of the receipt by the Board of a valid request for payment, whichever is the later.
(5) Subject to paragraph (6) no fees shall be payable when the student has ceased to attend his course (whether or not the academic authority has been so notified) but has not completed it.
(6) Notwithstanding paragraph (5) when instalments are payable under paragraph (4)(b) the first, second or third instalment shall be payable if the student was attending the course on 15th November, 15th February or 31st May respectively.
(7) All payments shall be made to the student, except—
(a)payment of the fees described in Schedule 6 may be made to the academic authority; and
(b)where a student’s maintenance requirements include any of the requirements referred to in paragraph 10 Part II of Schedule 7, on his written instruction payment in respect of his maintenance grant may be made to a third party.
(8) Without prejudice to regulation 20 or the recovery of an overpayment by way of a deduction from a subsequent payment, any overpayment or underpayment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the board.
19.—(1) In respect of any period during which the student repeats any part of his course, the board shall not be required to make any payments under regulation 12(1)(a) or (b) but may pay in pursuance of the award such amounts (if any) as it considers appropriate, being amounts not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
(2) Paragraph (3) shall apply in the case of a student who—
(a)has previously attended a course of higher education being—
(i)in the case of a specified course, a course of up to two academic years' duration; or
(ii)in the case of a course other than a specified course, a course of two academic years' duration; or
(b)has previously successfully completed a part-time course corresponding to such a course as is mentioned in sub-paragraph (a) (“the previous course”) and who holds an award made in respect of a course of initial teacher training or a course listed in paragraph 1 or 5 of Schedule 3, being a course of more than one year’s duration (“the current course”).
(3) A board shall only be required to make payments under regulation 12(1)(a) or (b) in pursuance of an award in respect of the current course where—
(a)that course is not more than two years' duration, in respect of the final year of the student’s course;
(b)that course is of a greater number of years' duration, in respect of that number less two of the final years of the student’s course,
but, in respect of any other year of the student’s current course it may make such payments as it considers appropriate, not exceeding those payments which would, apart from this regulation, have been payable under regulation 12(1)(a) or (b).
(4) In paragraphs (2) and (3) any reference—
(a)to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience;
(b)to the final year or years of a student’s course is in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course;
(c)to a person’s having attended a course shall be construed as provided in regulation 9(1).
(5) Where the board makes an award to a person during a year because he has become—
(a)a European student as a result of the accession of the State of which he is a national to the European Community; or
(b)a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,
it shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 12 the amounts referred to in paragraph (6).
(6) The amounts to be deducted under paragraph (5) are—
(a)from the sum payable in respect of fees under regulation 12(1)(a) the amount of any instalment payable before the date on which the student became a European student or the refugee was recognised as a refugee; and
(b)from the sum or grant payable in respect of maintenance under regulation 12(1)(b) the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).
(7) Where an award has been transferred by the board under paragraph 1(1)(a) or (b) of Schedule 4 and—
(a)the requisite recommendation or consent to the transfer is given after the expiry of four months after the end of the first year of the course in respect of which the award was originally made (“the previous course”); and
(b)the board is not satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent was given after the expiry of the period specified in sub-paragraph (a) was due only to the need to apply through a clearing admission system; and
(c)the board is satisfied, after consulting the academic authority or authorities concerned, that the period which the student in question will ordinarily require for the completion of the course which he now attends (“the current course”) will expire later than the period which he would have required for the completion of the previous course,
then the board shall not make payments otherwise due under regulation 12 in respect of the current course in respect of the period mentioned in paragraph (8).
(8) The period referred to in paragraph (7) is the period which begins on the first day on which the student attends the new course and which ends after the number of weeks mentioned in paragraph (9).
(9) The number of weeks referred to in paragraph (8) is the difference between the number of weeks which the student in question will ordinarily require for the completion of the current course and the number of weeks which he would have required to complete the previous course.
(10) Where an award has been transferred under paragraph 1(1)(c) or (d) of Schedule 4 so as to be held in respect of a student’s attendance at a course for the degree of Bachelor of Education (“the current course”) if the period which the student in question would ordinarily require for the completion of the current course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held (“the overall period of study”), exceeds—
(a)five years where the current course is for the honours degree of Bachelor of Education; or
(b)four years where the current course is for that degree not being an honours degree,
(“the prescribed period of study”) then the board shall not make payments otherwise due under regulation 12 in respect of the current course in respect of the period mentioned in paragraph (11).
(11) The period referred to in paragraph (10) is the period beginning on the first day on which the student attends the current course and continues for the number of weeks mentioned in paragraph (12).
(12) The number of weeks referred to in paragraph (11) is the number of weeks by which the overall period of study exceeds the prescribed period of study.
(13) In determining the period ordinarily required to complete a course for the purposes of paragraph (7), (9) or (10) there shall be included vacations, and any period until the end of the final year of the course, but there shall be ignored—
(a)in each case, periods of experience which are part of a sandwich course; and
(b)in the case of the previous course any period during which the student would now be required by the academic authority to repeat part of the course, if the board would not make any payments for maintenance in respect of that period under paragraph (1).
(14) For the purposes of paragraphs (7) and (10) a payment is due in respect of the period mentioned in paragraphs (8) and (11) respectively if it is—
(a)any instalment or other payment on account of fees becoming payable under regulation 12(1)(a) during that period; or
(b)a sum or grant payable, or the proportion of a sum or grant payable, in respect of maintenance under regulation 12(1)(b) which relates to that period.
20.—(1) Without prejudice to paragraphs 2(1)(c) and 4(2) of Schedule 4 in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 14, the board may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 13, 15 or 16.
(2) In respect of any period—
(a)after the termination of an award;
(b)during which a student is excluded by the academic authority from attendance at the course; or
(c)during which a student is absent without leave from his course,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate amount mentioned in paragraph (4).
(3) In respect of any other period being—
(a)a period during which a student is absent from his course (other than a period of not more than 28 days due to illness); or
(b)where an award held in respect of one course is transferred in pursuance of paragraph 1(1) of Schedule 4 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
(c)a period during which the student is detained in pursuance of an order made by any court,
the board may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate amount mentioned in paragraph (4), as having regard to all relevant circumstances it considers appropriate.
(4) The amount referred to in paragraphs (2) and (3) is the aggregate of—
(a)fees otherwise due that are not payable by reason of the student’s non-attendance; and
(b)the appropriate proportion of any amount in respect of maintenance payable for a year in pursuance of regulation 12(1)(b).
(5) In determining the appropriate proportion under paragraph (4)(b) the board shall disregard the first 28 days of any period of absence due to illness.
21. In relation to a person who commenced attendance at an institution of higher education in the Republic of Ireland providing a full time course comparable to one listed in paragraph 1, 2, 3 or 4 of Schedule 3 before 10th July 1996 or could have commenced such attendance before that date but for choosing to defer such attendance, the following provisions of the Students Awards Regulations (Northern Ireland) 1996(25) shall continue to apply as if those Regulations had not been revoked—
(a)the definition of “institution” in regulation 3(1);
(b)sub-paragraph (i) of paragraph (a) in Schedule 6.
Sealed with the Official Seal of the Department of Education on
L.S.
Robson Davison
Assistant Secretary
4th August 1997.
Regulation 3(3)(a)
1. The Training Opportunities Programme, the Youth Opportunities Programme, the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be or any scheme run by the Training and Enterprise Councils or the local Enterprise Companies.
2. The Youth Training Programme of the Department of Economic Development.
3. Other training programmes provided by the Department of Economic Development.
Regulations 6, 7and 9(1)
Regulations 6(1), 7 and 9(1)
1. A person—
(a)who attends a specified course during an academic year beginning after 31st August 1997; and
(b)who has been—
(i)resident 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 regulation 7(5) ordinarily resident in the European Economic Area throughout the three years immediately preceding the first year of the specified course; 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 Part I of Schedule 5.
Regulations 6(1) and 9(1)
2. A person who—
(a)is not settled in the United Kingdom within the meaning of the Immigration Act 1971(26) at the beginning of the first year of the course in question, unless he is such a person as is mentioned in regulation 7(5);
(b)has, in the opinion of the board, by his conduct shown himself unfitted to hold an award;
(c)has previously attended a first degree course; or
(d)has previously attended one or more courses of higher education, the aggregate duration of which exceeds two academic years (a part-time course being treated as its full-time equivalent).
3. The board shall not be under a duty to make an award to any person in respect of his attendance at any course for the Diploma of Higher Education or course for the Higher Diploma if he has previously attended any other course defined in regulation 3(1).
Regulations 3(1), 10, 19(2), (3) and (4)
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.
Regulations 11, 12(1) and (2), 20(1) and (3)(b)
1.—(1) An award shall be transferred by the Board at the request of the student so as to be held in respect of attendance at a course other than that in respect of which it is held where—
(a)subject to sub-paragraph (2), on the recommendation of the academic authority, the student commences to attend another course at the institution;
(b)subject to sub-paragraph (2), with the written consent of the academic authorities of both institutions concerned, given on education grounds the student commences to attend a course at another institution;
(c)after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
(d)after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or
(e)after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.
(2) A board may refuse to transfer an award in pursuance of sub-paragraph 1(a) or (b) if, after consulting the academic authority concerned, it is satisfied that when the student requested such transfer he did not intend to complete the course to which his request related.
(3) For the purposes of the duty of a board to transfer an award in pursuance of sub-paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
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 four months after the date of the beginning of the year of the course; and
(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 amount of the award payable in respect of that year, he will, if called upon so to do, repay the excess amount; and
(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;
(b)not later than four months after the date of the beginning of the course that course has not become a specified course and the application reaches the board not later than four months after the date on which that course becomes a specified course;
(c)in the case of a person who becomes a European student as the result of the accession of the State of which he is a national to the European Community the application reaches the board not later than four months after the date of the accession;
(d)in the case of a refugee, or the spouse or child of a refugee, the application reaches the board not later than four months after the date on which the refugee was recognised as a refugee; or
(e)having regard to the circumstances of the particular case, the board considers it should be so treated.
(3) Where the applicant is a minor, any reference in sub-paragraph (1)(b) to the applicant shall be construed as including his parent.
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).
(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 19(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
(b)shown himself by his conduct to be unfitted to hold an award.
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.
Regulation 3(1) and paragraph 1(d) of Schedule 2
Coleg Harlech, Harlech
Co-operative College, Loughborough
Fircroft College, Birmingham
Hillcroft College, Surbiton
Institute of Continuing Education of the University of Ulster, Magee University College, Londonderry
Newcastle Abbey, Dalkeith
Northern College, Barnsley
Plater College, Oxford
Ruskin College, Oxford
All Hallows College, Drumcondra
Church of Ireland College of Education, Dublin
Colaiste Mhuire, Marino, Dublin
Dublin Institute of Technology
Dun Laoghaire College of Art and Design
Froebel College of Education, Sion Hill, Co Dublin
Mary Immaculate College of Education, Limerick
Mater Dei Institute of Education, Dublin
Milltown Institute of Theology and Philosophy, Dublin
Montessori College, (A.M.I.), Mount St Mary's, Dublin
National College of Art and Design, Dublin
National College of Industrial Relations, Dublin
Pontifical College, Maynooth
Regional Technical College, Athlone
Regional Technical College, Carlow
Regional Technical College, Cork
Regional Technical College, Dundalk
Regional Technical College, Galway
Regional Technical College, Letterkenny
Regional Technical College, Limerick
Regional Technical College, Sligo
Regional Technical College, Tallaght
Regional Technical College, Tralee
Royal College of Surgeons in Ireland
St Angela’s College, Lough Gill, Sligo
St Catherine’s College, Sion Hill, Co Dublin
St Patrick’s College, Carlow
St Patrick’s College of Education, Drumcondra, Dublin
St Patrick’s College, Maynooth
Waterford Institute of Technology
Regulations 12(1)(a), 17(1)(a) and 18(2), (3) and (7)
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, any graduation fee and, in the case of a course referred to in sub-paragraph (v), any fee in respect of the validation of the course (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 any other sub-paragraph three instalments of £250;
(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, a first and second instalment of £534 and a third instalment of £532;
(3) in the case of the clinical training elements of courses in medicine, dentistry and veterinary science, a first and second instalment of £934 and a third instalment of £932;
Provided the said maximum fees shall be:—
(i)for courses undertaken at a university or relevant institution of higher education in the Republic of Ireland, £1,855 in respect of a course which is not covered by any other sub-paragraph, £2,770 in respect of a course covered by sub-paragraph (2) of paragraph (a) and £4,985 in respect of a course covered by sub-paragraph (3) of that paragraph;
(ii)in the case of a course at the University of Buckingham, four instalments of £570;
(iii)in the case of a course of initial teacher training involving periods of full-time study in aggregate less than 10 weeks in the relevant year, where the course leads to the Postgraduate Certificate in Education or is a course with a substantial laboratory or workshop component, a first and second instalment of £267 and a third instalment of £266, otherwise three instalments of £125;
(iv)in the case of a full-time course at the Union Theological College, Belfast, the Edgehill College, Belfast, the Irish Baptist College, Belfast, or the Belfast Bible College, Belfast, for the degrees of Bachelor of Divinity, Bachelor of Theology or the Diploma in Theology of Queen’s University, Belfast, a first and second instalment of £618 and a third instalment of £619;
(v)subject to sub-paragraph (vi), in respect of courses at institutions which are neither maintained nor assisted by grants paid out of public funds, £910 for each academic year;
(vi)in the case of a course at the Guildhall School of Music, three instalments of £1,165, in the case of a course at Heythrop College, three instalments of £575 and in the case of the Royal Agricultural College, three instalments of £530;
(vii)in respect of any academic year of a sandwich course during which one or more periods of experience is undertaken but any periods of full-time study are in aggregate less than 10 weeks, three instalments of £125 in the case of a course covered by sub-paragraph (1) of paragraph (a) and a first and second instalment of £267 and a third instalment of £266 in the case of a course covered by sub-paragraph (2) of that paragraph;
(viii)in respect of the final year of any course covered by this paragraph (other than one covered by sub-paragraph (iii) at the Open University or by sub-paragraph (v)) which is ordinarily required to be completed before the first, the second or in the case of a course covered by sub-paragraph (ii), the third of the dates 1st January, 1st April, 1st July and 1st September which follow the beginning of that year, the first, the first two, or the first three of the instalments which would be payable respectively if this paragraph did not apply;
(b)three instalments of 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), or, if the final year of the course is ordinarily required to be completed before the first or second of the dates 1st January, 1st April, 1st July or 1st September which follow the beginning of that year, one or two instalments of those fees or dues respectively;
(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, but in the case of fees in respect of the validation of the course, only where the fees are charged by a body which does not have the power to award a degree or by the University of Buckingham.
Regulations 13(1)(a), 13(3), 15(2) and 17(1)(b)
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 does not reside at his parents' home; and
(b)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 requirement specified in this paragraph would be appropriate.
(2) In the case of such a student the ordinary maintenance requirement shall be £1,755 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 £2,160; and
(b)where he is attending, for at least eight weeks and as a necessary part of his course, an overseas institution, it shall (notwithstanding anything in paragraph (a)) be—
£3,310 if that country is a highest-cost country;
£2,780 if that country is a higher-cost country;
£2,255 if that country is a high-cost country; and
£1,755 in any other case.
3. In the case of any other student the ordinary maintenance requirement shall be £1,435.
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 10;
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, in any academic year, attended his course—
(a)in the case of a course provided at the University of Oxford or the University of 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 £41·90;
(b)in the case of any other student, £59·80 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 £79·80;
(ii)where he is attending, for at least eight weeks and as a necessary part of his course, an overseas institution, it shall (notwithstanding anything in sub-paragraph (i)) be—
£111·70 if that country is a highest-cost country;
£94·65 if that country is a higher-cost country;
£77·50 if that country is a high-cost country; and
£60·35 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 in question, the student’s supplementary requirement shall be determined in accordance with paragraph 5(2).
7.—(1) This paragraph shall apply in the case of a student who is obliged to incur 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 overseas institution.
(2) The reference in sub-paragraph (1)(a) to the student attending the institution shall be construed—
(a)in the case of any institution which is a constituent college, hall or school (including medical school) of a university or is a university with such constituent institutions, as including a reference to his attending, in connection with his course, any constituent institution 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 institution, any hospital or other premises 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 overseas institution) is not a necessary part of the student’s course, so much of his expenditure for the purpose of attending that period of study as—
(i)was incurred outside the United Kingdom; or
(ii)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.
(4) For the same purposes as aforesaid, the following amounts shall be disregarded in respect of travel costs—
(a)the first £161 of any requirement under paragraph 2;
(b)the first £249 of any requirement under paragraph 3;
(c)the first £8·30 of any requirement under paragraph 5(2)(a);
(d)the first £5·30 of any requirement under paragraph 5(2)(b):
Provided that—
(i)where regulation 16(2) applies, the amount to be disregarded shall be £115; and
(ii)where a student’s requirements under paragraph 2 or 3 relates to only part of the year, the amount to be disregarded shall be an equivalent part of £161 or £249 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.
(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 each period of attendance.
(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.
10.—(1) This paragraph shall apply in the case of a disabled student were 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 £5,100.
(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 £3,840 in total for the duration of his course.
(4) The student’s supplementary requirement in respect of any other additional expenditure including expenditure incurred for the purposes specified in sub-paragraphs (2) and (3) which exceeds the maxima specified therein shall be such amount as the board considers appropriate not exceeding £1,275.
11.—(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.
12.—(1) In this Part—
“adult dependant” means, in relation to a student, an adult person dependent on the student not being his child, his spouse or a person living with him as his spouse or his former spouse, subject however to sub-paragraphs (2) and (3);
“child”, in relation to a student, includes a person adopted in pursuance of adoption proceedings, a step-child and any child for whom the student has parental responsibility and who is dependent on him;
“dependant” means, in relation to a student, his 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 (reduced by income tax and social security contributions) but disregarding child benefit, any attendance allowance under sections 64 to 67(27), severe disablement allowance under section 68(28) or disability living allowance under sections 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or any mobility supplement or constant attendance allowance provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(29) and in the case of a student’s spouse, less—
where the spouse holds an award in respect of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 3(1), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 12(1)(b) or so much of those payments as relates to the part-time part of the course;
where the spouse or the student makes any payment which was previously made by the student in pursuance of an obligation incurred before the first year of his course—
if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;
if, in its opinion, only a lesser obligation could have been reasonably so incurred, such correspondingly lesser amount (if any) as appears to it appropriate;
any allowance payable to the spouse by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987(30);
any guardian’s allowance to which the spouse is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
where a child in the care of a Health and Social Services Board or a Health and Social Services Trust(31) is boarded out with the spouse, any payment made to the spouse in pursuance of Article 27 of the Children (Northern Ireland) Order 1995(32); and
any payments made to the spouse pursuant to an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the spouse’s child;
“relevant award” means a statutory award in respect of a person’s attendance at—
a full-time course of higher education or a comparable course outside Northern Ireland;
a course of teacher training specified in paragraph (b) in the definition of “course of initial teacher training” in regulation 3(1);
the full-time part of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” which is partly full-time and partly part-time;
“spouse”, except in the definition of adult dependant, shall not include a student’s spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.
(2) A person, including the student’s spouse, shall not be treated as a dependant of the student during any period for which that person—
(a)holds a relevant award; or
(b)(save for the purposes of paragraph 15) is ordinarily living outside the United Kingdom.
(3) A person shall not be treated as a student’s adult dependant or as his dependant child—
(a)in the case of a person other than a child of the student, if his income exceeds by £860 or more the sum specified in paragraph 13(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 £860 or more the sum specified in paragraph 13(4)(b) and applicable to his age;
(c)in the case of a child of a student not falling within head (b), unless either—
(i)the child is the only or eldest child dependent on the student whose income exceeds by £860 or more the sum specified in paragraph 13(4)(a); or
(ii)the child’s income exceeds by £860 or more the sum specified in paragraph 13(4)(b) and applicable to his age.
13.—(1) This paragraph shall apply in the case of all students with dependants.
(2) Subject to paragraphs 14 and 15, the dependants requirement of the student shall be—
(a)if the student’s spouse holds a statutory award and in calculating payments under it account is taken of the spouse’s dependants' requirement, one half of the amount determined in accordance with sub-paragraphs (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
X – (Y – Z) 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 £860 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, £1,965;
(b)in respect of each dependent child—
(i)under the age of 11 years immediately before the beginning of the academic year, or born during that year, £415;
(ii)then aged 11 years or over, but under 16, £825;
(iii)then aged 16 years or over but under 18, £1,085;
(iv)then aged 18 years or over, £1,575,
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 12(2) would be, a dependant.
14.—(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 13(2)(a) or (b)) shall be increased by £680.
15.—(1) This paragraph shall apply in the case of a student who maintains a dependant outside the United Kingdom.
(2) Notwithstanding anything in the foregoing paragraphs of this Part, the student’s dependants requirement shall be such amount, if any, as the board considers reasonable in all the circumstances, not exceeding the amount determined in accordance with those paragraphs.
16. 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 who—
(a)started the course before 1st September 1996 and in the three years immediately preceding the first year of the course earned or received by way of such unemployment benefit, or income support as is chargeable to income tax under section 617 or 151 respectively of the Income and Corporation Taxes Act 1988(33) sums totalling at least £12,000; or
(b)started the course before 1st September 1996, held an award in respect of his attendance at a previous course and had earned or received such sums as are mentioned at sub-paragraph (a) in the three years immediately preceding the first year of that previous course; or
(c)started the course on or after 1st September 1996, immediately before starting that course (disregarding any intervening vacation) attended a full-time course of further or higher education which he had started before 1st September 1996 and had earned or received such sums as are mentioned at sub-paragraph (a) in the three years immediately preceding the first year of that previous course.
17. In relation to a student to whom this Part applies, the requirements referred to in regulation 13(1)(a) shall, in addition to the ordinary maintenance requirement, include where at the beginning of the first year of his course—
(a)he was aged 26 years, the sum of £330;
(b)he was so aged 27 years, the sum of £580;
(c)he was so aged 28 years, the sum of £860;
(d)he was so aged 29 or more years, the sum of £1,130.
18. In this Schedule—
(a)a reference to the home of the student’s parents shall be construed, in the case of a student whose spouse attends a full-time course at any institution, as including a reference to the home of the parents of the student’s spouse; and
(b)a reference to a requirement, expenditure or attendance in respect of which no period of time is specified shall be construed as a reference to a requirement, expenditure or attendance for the year.
19.—(1) For the purposes of this Schedule, attendance at an institution or the undertaking of 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 institution 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.
(2) For the purposes of this paragraph, “institution” includes an “overseas institution”.
Regulations 13(1)(b), 13(3) and 15(2)
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 £800 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 £3,865 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)the first £1,810 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), (e) or (f);
(d)any disability pension not subject to income tax;
(e)any income received as a reservist with the armed forces or in the Royal Irish 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 Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1987(34);
(k)any incapacity benefit, attendance allowance, severe disablement allowance or disability living allowance under sections 30A(35), 64(36) to 67, 68(37), 71 to 76 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 resectively, or any mobility supplement or constant attendance allowance provided for in an order made under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(38);
(l)any housing benefit granted to him in pursuance of a scheme under section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(39) or a scheme under Part VII of the Social Security Contributions and Benefits Act 1992(40);
(m)any allowance payable to him by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987(41);
(n)any guardian’s allowance to which he is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
(o)in the case of a student with whom a child has been placed by a Health and Social Services Board or a Health and Social Services Trust, under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, any payment made to him in pursuance of that Article;
(p)any payment made to the student in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 35 and 36 of that Order;
(q)any payments made to the student under the programmes of the European Community known as COMETT(42) and Leonardo Da Vinci(43);
(r)any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS(44) or the European Community programme for foreign language competence known as LINGUA(45);
(s)the first £3,030 of any pension other than one of the kind mentioned at head (d), however described, and including any such pension paid to the student as a widow, child or dependant;
(t)any payment made to the student in pursuance of the Education (Student Loans) (Northern Ireland) Order 1990(46);
(u)any payment made to the student out of access funds held by the institution at which he attends his course;
(v)any payment made to the student as a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973(47).
(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 13(1) of that Schedule, 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(3) of that Part as the board considers just shall be treated as part of the student’s income for the purposes of regulation 13(1)(b).
2.—(1) In this Part—
“child” includes a person adopted in pursuance of adoption proceedings and a step-child but, except in paragraph 4, does not include a child who holds a statutory award and, except as otherwise provided by paragraph 5, “parent” shall be construed accordingly;
“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(48).
(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 a financial year shall be construed as a reference to a year ending with such date as appears to the board expedient having regard to the accounts kept in respect of that business or profession and the periods covered thereby.
(4) Where a parent is in receipt of any income which does not form part of his 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 statutory provision,
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.
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—
(i)in the care of a Health and Social Services Board or a Health and Social Services Trust;
(ii)provided with accommodation by a Health and Social Services Board or Health and Social Services Trust under Article 21 of the Children (Northern Ireland) Order 1995; or
(iii)accommodated by a voluntary organisation under Article 75 of the Children (Northern Ireland) Order 1995 throughout the three months immediately preceding—
(a)the first year of his course; or
(b)without prejudice to sub-paragraph (a), 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 in the said period of three months been allowed by the Health and Social Services Board or Health and Social Services Trust to be under the charge and control of his parents or, in the case of a student who has been accommodated by a voluntary organisation, has not, at any such time, in fact 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)a student who has been the subject of a residence order made under Article 8 of the Children (Northern Ireland) Order 1995 in favour of a person who is not his parent throughout the three months immediately preceding—
(i)the first year of his course; or
(ii)without prejudice to sub-paragraph (i) his attaining the age of 18 years where he had attained that age before the first year of his course;
(f)where sub-paragraph (7) of paragraph 5 applies and the parent whom the board considered the more appropriate for the purposes of that sub-paragraph has died.
4.—(1) The parental contribution shall, subject to sub-paragraphs (2), (3) and (4) be—
(a)in any case in which the residual income is £16,450 or more but less than £21,030, £45 with the addition of £1 for every complete £13·00 by which it exceeds £16,450;
(b)in any case in which the residual income is £21,030 or more but less than £30,915, £397 with the addition of £1 for every complete £9·20 by which it exceeds £21,030; and
(c)in any case in which the residual income is £30,915 or more £1,471 with the addition of £1 for every complete £7·50 by which it exceeds £30,915,
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 £16,450 the parental contribution shall be nil.
(2) 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 not exceed £5,945 in any case.
(3) 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 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.
(4) 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 reference therein to the preceding financial year were a reference to the current financial year.
(4) Where one of the student’s parents dies either before or during the assessment year and 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(49)) or any other statutory provision 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(50), 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.
6.—(1) For the purposes of determining the income of a student’s parent (and, accordingly, the parent’s gross income), insofar 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 I of Part VII of 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(51) on 15th May 1987; or
(d)without prejudice to the foregoing, 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 a spouse, child or holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,080 exceeds the income of that person in that year;
(b)the gross amount of any sums paid as interest (including interest on a mortgage) in respect of which relief is given under the Income Tax Acts in respect of a loan to the parent;
(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 is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,630;
(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 £1,630;
(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 £845 exceeds the sum payable in respect of maintenance in pursuance of that award;
(i)any payments made to the parent pursuant to an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child.
(3) In any case where income is computed as though it were total income by virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in head (b), (c), (d) or (i) 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.
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 II; and
(b)a student whose child holds an award in respect of which a parental contribution is applicable.
8.—(1) Subject to sub-paragraphs (3) and (4), Part II shall, with the exception of paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9) and 6(2)(f), apply with the necessary modifications for the ascertainment of the spouse’s contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed as references to the student’s spouse and this Part shall be construed as one with Part II.
(2) The spouse’s contribution shall be—
(a)in any case in which the residual income is £13,015 or more but less than £21,035, £10 with the addition of £1 for every complete £9·80 by which it exceeds £13,015;
(b)in any case in which the residual income is £21,035 or more but less than £30,910, £828 with the addition of £1 for every complete £7·05 by which it exceeds £21,035; and
(c)in any case in which the residual income is £30,910 or more, £2,228 with the addition of £1 for every complete £5·60 by which it exceeds £30,910;
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 £13,015 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £5,945 in any case.
(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)
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 £1,735 instead of £800; or
(b)the requirements under paragraph 13 of Schedule 7 shall be treated as increased by the sum of £970; 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 17 of that Schedule,
whichever is the most favourable to him (disregarding head (b) where, in pursuance of paragraph 3, he elects as mentioned in that paragraph).
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 £2,250 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £710 in respect of every other such child.
Regulations 3(1) and 15(2)
1.—(1) In this Schedule—
“modified proportion” means the proportion which the number of weeks in the year in which there are no periods of experience for the student in question bears to 52;
“periods of experience” means, subject to sub-paragraph (2), periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“prescribed proportion” means the proportion which the number of weeks in the year for which the student in question attends the institution for bears to 30, except that, where the proportion is greater than the whole, it means the whole;
“sandwich course” means a course consisting of alternate periods of full-time study at an institution and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year of the course; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period;
“sandwich year” means, as respects any student, any year of a sandwich course which includes both periods of full-time study in the institution and periods of experience, other than—
unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland;
unpaid service with a public body in the United Kingdom or the Republic of Ireland acting in the exercise of its functions relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the Republic of Ireland;
unpaid service in the prison, probation and aftercare service in the United Kingdom or the Republic of Ireland;
teaching practice;
unpaid research in an institution or, in the case of a student attending an overseas institution as a necessary part of his course, in an overseas institution;
such experience as aforesaid falling wholly within the usual periods of attendance at the institution in any year which do not comprise paid service or employment and which do not aggregate more than either 6 weeks during that year or fall within that year and another year and do not aggregate more than 12 weeks during the 2 years taken together, where that other year has not already been taken into account for the purposes hereof;
unpaid service with—
a Health Authority established pursuant to section 8 of the National Health Service Act 1977(52) or a Special Health Authority established pursuant to section 11 of that Act(53);
a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(54); or
a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(55); or
a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(56).
(2) In the case of a student whose course includes the study of one or more modern languages for not less than one half of the time spent studying on the course and which includes periods of residence in a country whose language is a language of the course, “periods of experience” means such period of residence 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 9 applies, references to Schedules 7 and 8 shall be construed as references to those Schedules as modified in accordance with Schedule 9.
(5) In the application of this Schedule to a student who is attending a course provided at the University of Oxford or the University of Cambridge, the provisions thereof shall have effect as if—
(a)in the definition of “prescribed proportion” in sub-paragraph (1) for the number “30” there were substituted the number “25”; and
(b)in paragraphs 2(a) and (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 14 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 £800 and the reference in paragraph 1(1)(c) to £1,810 shall be construed as a reference to the aggregate of £1,010 and the prescribed proportion of £800;
(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.
(This note is not part of the Regulations.)
These Regulations, which come into operation on 1st September 1997 revoke and replace, with amendments, the Students Awards (No. 2) Regulations (Northern Ireland) 1996 as amended by the Student Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1996 (“the previous Regulations”).
The Regulations govern the making of awards (“mandatory awards”) which it is the duty of education and library boards to make to specified persons. They do not relate to awards (“discretionary awards”) which, in pursuance of Article 50(3) of the Education and Libraries Order (Northern Ireland) 1986, boards may make under arrangements approved by the Department of Education.
While their text and format do not repeat exactly the provision made in England and Wales, the Regulations maintain parity of awards for Northern Ireland students with their English and Welsh counterparts. They parallel in substance most of the provisions of the Education (Mandatory Awards) Regulations 1997 (S.I. 1997/431) made by the Secretary of State for Education and Employment relating to awards for students in England and Wales.
The principal changes (other than the changes in the rates of fees, grants and allowances) are described as follows:—
The definition of course of initial teacher training has been amended to ensure that a course of initial teacher training, which involves full-time attendance for the purposes of study for teaching practice for 30 weeks a year, continues to be included even if the course involves less than 19 weeks of full-time study.
The definition of a European student has been amended to ensure that all European Community nationals who are not eligible for a full award under regulation 11(2)(a) by virtue of the operation of regulation 7(2) and Schedule 2 are eligible for a fees only award under regulation 11(2)(b) (regulation 3(1)). The provisions relating to European Economic Area migrant workers have been amended to ensure that British migrant workers returning from employment in the EEA have precisely the same entitlement to awards as migrant workers who are nationals of other member States of the EEA (the definition of migrant worker in regulation 3(1) and regulation 7(5).
A student who is irreconcilably estranged from his parents will not have his maintenance grant assessed on the assumption that his parents will make a contribution to his maintenance, and a year without communication between a student and either of his parents will be considered to be irreconcilable estrangement (regulation 3(1) and 3(5)). A student who has moved to Northern Ireland from England, Scotland, Wales, the Channel Islands or the Isle of Man for the purpose of attending a course will not be treated as ordinarily resident in the area of the board where he attends the course, and therefore will not be entitled to an award (regulation 11(3) and (5)).
A course for the Higher National Diploma provided by a publicly funded institution in conjunction with a private institution, or by a private institution, may now be designated for the purposes of the Regulations by the Secretary of State for Education and Employment (regulation 3(1)). The regulation excepting from entitlement students who have previously attended certain courses has been amended to make it clear that in calculating the length of such courses for the purposes of determining whether the exception applies it is the period ordinarily required for the courses' completion which is relevant, rather than the period the student in fact attended the particular course (regulation 9(1)(c)). The regulation has also been amended to provide that attendance at more than one course where an award has been transferred from one course to another shall only be considered to be attendance at the most recent course, the duration of which includes the time spent on the first course or courses and the time ordinarily required for the completion of the most recent course (regulation 9(1)(c)).
An additional exception to entitlement has been added, so that a student who is not settled in the United Kingdom within the meaning of the Immigration Act 1971 at the beginning of the first year of the course in question will not be entitled to an award (Schedule 2, Part II paragraph 2(a)). Settlement is defined in the Immigration Act as being ordinarily resident in the United Kingdom without being subject under immigration laws to any restriction on the period for which the person in question may stay. This new exception does not apply to European Community students or to European Economic Area migrant workers, their spouses or children.
Restrictions on the transfer of awards after the first 16 months of a course which applied when the course to which a student wished to transfer his award would have taken longer to complete than his original course would have taken to complete have been removed (Schedule 4 paragraph (1)). Instead when an award is transferred in such circumstances payments of fees and maintenance will be suspended immediately for a period which represents the increased length of time which the student will require to complete the course. After the period of suspension payments will resume until the end of the course (regulation 19(7) to (14)).
Provision has been made to disregard incapacity benefit paid to a student in calculating his income for the purposes of determining his entitlement to maintenance grant (Schedule 8, Part I paragraph 1(1)(k)).
The provisions concerning sandwich courses have been amended so that all courses consisting of alternate periods of study and periods of industrial, professional or commercial experience associated with full-time study, paid or unpaid, are treated as sandwich courses (Schedule 10, paragraph 1(1)). Courses involving certain types of unpaid service will still not attract the reduction in maintenance payments normally applicable to sandwich courses, as a year including periods of such service do not fall within the definition of “sandwich year”. However, such courses now attract a reduction in fee payments in the circumstances referred to in Schedule 6, paragraph (a)(vii). Further, the minimum requirement of full-time study for an average of not less than 19 weeks in each year of a course will apply to all courses involving a period of industrial, professional or commercial experience associated with full-time study. The provisions do not apply to courses of initial teacher training.
Regulation 16, which provides for the reduction of maintenance payments where teacher training courses are not full-time, has been amended so that it only applies in years where there is less than 30 weeks' full-time attendance for the purposes of study or teaching practice. Provision has been made so that half fees are payable in respect of any course of initial teacher training where the periods of full-time study are in aggregate less than 10 weeks, whether or not attendance over the year has been part-time, full-time or partly part-time and partly full-time (sub-paragraph (iii) of Schedule 6).
As amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II
O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 475)
S.I. 1989/2406 (N.I. 20) as amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II
Cmnd 2073
Cmnd 2183
Cmnd. 9171
Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Student Support Branch, Department of Education, Rathgael House, Balloo Road, Bangor, Co Down BT19 7PR)
1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12
Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))
Section 35(1) was amended by Regulation 2 of S.R. 1994 No. 176
Part XI was amended by Article 5(1) of the Statutory Sick Pay (Northern Ireland) Order 1994 (S.I. 1994/766 (N.I. 5)), Article 10 of, and paragraphs 34 and 35 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and S.R. 1995 No. 69
Part XII was amended by Article 4(b) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10)) and by S.R. 1994 No. 176
As amended by S.I. 1993/2810 (N.I. 12) Article 42(2)
1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19) section 25(1); sub-sections 4 and 6 of that section were repealed by the Employment Act 1989 (c. 38) Schedule 7, Part I; “Career Development Loans” are made by banks to persons who are enrolled on eligible courses; they are made in pursuance of arrangements made by the Secretary of State for Education and Employment under section 2
S.R. 1996 No. 190; revoked and replaced by S.R. 1996 No. 298
1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23) sections 10 to 12
Section 64 was modified by paragraph 19 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)
Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1, and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and S.R. 1994 No. 370
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 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766 and 1996/732 and 1638)
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are S.R. 1996/438
Health and Social Services Trust (HSST) means an HSS trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) by which functions are exercisable by virture of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))
S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1989 Nos. 371 and 485, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71
Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, S.I. 1994/1898 (N.I. 12)
Section 64 modified by paragraph 19 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, c. 9
Section 68 was amended by Article 11 of and paragraph 18 of Schedule 1, and Schedule 2 to S.I. 1994/1898 (N.I. 12) and by S.R. 1994 No. 370
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 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766 and 1996/732 and 1638)
1992 c. 7; the scheme under section 122(1)(d) is currently constituted by the provisions of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461 as amended by S.R. 1988 Nos. 117, 186, 314 and 424, S.R. 1989 Nos. 125, 260, 366 and 408, S.R. 1990 Nos. 33, 136, 137, 297, 305, 345, 398 and 442, S.R. 1991 Nos. 47, 176, 204, 337 and 520, S.R. 1992 Nos. 6, 35, 85, 141, 201, 284, 298, 404, 435, 444 and 549, S.R. 1993 Nos. 145, 149, 195, 218, 233, 373, 381 and 414, S.R. 1994 Nos. 65, 80, 88, 137, 266, 274 and 335, S.R. 1995 Nos. 64, 71, 101, 129, 223, 280, 367, 410, and 481, S.R. 1996 Nos. 11, 73, 84, 92, 93, 111, 115, 181, 221, 291, 334, 375, 405, 448, 476 and 662 and S.R. 1997 Nos. 3, 4, 22, 113, 123, 126, 127, 130, 152 and 170)
1992 c. 4; the scheme under Part VII is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017, S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564, S.I. 1991/235, 1175, 1599, 2695 and 2742, S.I. 1992/50, 201, 432, 1101, 1326, 1585, 2148 and 3147, S.I. 1993/317, 349, 518, 963, 1150, 1249, 1540 and 2118, S.I. 1994/470, 542, 578, 781, 1003, 1608, 1807, 1924, 2137, 2139 and 3061, S.I. 1995/511, 560, 625, 626, 1339 and 1742, S.I. 1995/1644, 2303, 2792, 2868 and 3282, S.I. 1996/30, 194, 462, 965, 1510, 1759, 1803, 1944, 2006, 2432, 2518, 2545 and 3195 and S.I. 1997/65, 454, 543, 584 and 582)
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are 1996/438
O.J. No. L222, 8.8.86, p. 17
O.J. No. L340, 29.12.94, p. 8
O.J. No. L166, 25.6.87, p. 20
O.J. No. L239, 16.8.89, p. 24
S.I. 1990/1506 (N.I. 11) as amended by the Education Student Loans (Northern Ireland) Order 1996 (S.I. 1996/1918 (N.I. 15))
1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 79) s. 25(1); subsections 4 and 6 of section 2 were repeated by the Employment Act 1989 (c. 38), Schedule 7, Part I; “Career Development Loans” are made by banks to persons who are enrolled on eligible courses; they are made in pursuance of arrangements made by the Secretary of State for Education and Employment under section 2
1958 c. 23 (N.I.) as amended by 1969 c. 28 (N.I.)
1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)
Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c. 19) Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2
1978 c. 29; Section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19) section 28 and Schedule 9, paragraph 19(1)
S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8)