Students Awards Regulations (Northern Ireland) 1997

Assisted students

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(1), or by way of a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973(2) 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.

(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section 2 was substituted by the Employment Act 1988 (c. 19) section 25(1); sub-sections 4 and 6 of that section were repealed by the Employment Act 1989 (c. 38) Schedule 7, Part I; “Career Development Loans” are made by banks to persons who are enrolled on eligible courses; they are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