Regulations 3(1), 12, 14(2) and Schedule 7
1.—(1) The requirements of the student referred to in regulation 12(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 requirements specified herein would be appropriate.
(2) In the case of such a student the ordinary maintenance requirement shall be £1,900 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 £2,335; 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—
£3,580 if the country concerned is a higher-cost country;
£2,720 if the country concerned is a high-cost country; and
£1,900 in any other case.
3. In the case of any other student the ordinary maintenance requirement shall be £1,555.
4. The requirements referred to in regulation 12 shall include the student’s requirements—
(a)for supplementary maintenance in the cases and for the periods mentioned in paragraphs 5, 6 and 10; and
(b)in respect of such expenditure as is mentioned in paragraphs 7 to 9;
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, £45;
(b)in the case of any other student, £65 except that—
(i)where he is attending a course at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, it shall be £86;
(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—
£121 if the country concerned is a higher-cost country;
£93 if the country concerned is a high-cost country; and
£65 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 at 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 reasonable expenditure—
(a)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, for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom (not comprised in the institution) at which facilities for clinical training are provided, but not incurred for the purpose of residential study away from the institution;
(b)within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks and as a necessary part of his course, an overseas institution.
(2) The student’s supplementary requirement in respect of such expenditure shall be the amount of such expenditure less £255.
(3) For the purposes of this paragraph any reference to expenditure incurred for the purpose of attending an institution or period of study—
(a)includes expenditure both before and after so attending; and
(b)does not include any expenditure specified in paragraph 9.
8.—(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 which is a necessary part of the student’s course.
(2) The student’s supplementary requirement in respect of such expenditure shall be the amount reasonably incurred.
9.—(1) This paragraph shall apply in the case of a disabled student where the board is satisfied that by reason of his disability he is obliged to incur additional expenditure in respect of his attendance at the course.
(2) The student’s supplementary requirements shall be such amounts as the board considers appropriate—
(a)in respect of a non-medical personal helper not exceeding £10,505;
(b)in respect of major items of specialist equipment not exceeding £4,155 in total for the duration of his course;
(c)in respect of expenditure incurred—
(i)within the United Kingdom or the Republic of Ireland, for the purposes of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a necessary part of his course, any period of study at an overseas institution;
(d)in respect of any other expenditure including expenditure incurred for the purposes specified in paragraphs (a) and (b) which exceed the maxima specified therein not exceeding £1,385.
10.—(1) This paragraph shall apply in the case of a student—
(a)who is under the age of 21 on the first day of the course;
(b)in respect of whom a parental contribution is not applicable in accordance with Part II of Schedule 7 because he has pursuant to an order of a competent court been in the custody or care of or has been provided with accommodation as described in paragraph 3(c) of that Schedule; and
(c)who in the opinion of the board is subject to greater financial hardship by reason of having been in custody, care or having been provided with accommodation as mentioned in paragraph (b) than he would have been if he had not been in custody, care or having been provided with accommodation.
(2) The student’s supplementary requirement shall be such amount as the board in all the circumstances considers appropriate not exceeding £100 for each week or part of a week which—
(a)falls within the longest vacation taken; and
(b)during no part of which week the student attends his course.
11.—(1) The requirements referred to in regulation 12(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—
any pension, allowance or other benefit paid by reason of a disability or incapacity to which the person is subject which is not subject to income tax under the Income Tax Acts or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts;
child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1);
any allowance payable to his spouse by an adoption agency in accordance with regulations made in pursuance of Article 59A of the Adoption (Northern Ireland) Order 1987(2);
any guardian’s allowance to which his spouse is entitled under section 77 of the Contributions and Benefits (Northern Ireland) Act 1992;
in the case of a spouse with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust(3) is boarded out, any payment made to him in pursuance of Article 27 (2)(a) of the Children (Northern Ireland) Order 1995(4);
any payments made to his spouse in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995, or any assistance given by a Health and Social Services Board or a Health and Social Services Trust pursuant to Articles 35 and 36 of that Order, in respect of a person who is not the spouse’s child;
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 11(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 recurrent payments which were 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;
“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” in regulation 3(1), 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 £930 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 so exceeds the sum specified in paragraph 13(4)(b) as 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 does not so exceed the sum specified in paragraph 13(4)(a); or
(ii)the child’s income does not so exceed the sum specified in paragraph 13(4)(b) as applicable to his age.
13.—(1) This paragraph shall apply in the case of all students with dependants.
(2) Subject to paragraphs 14 to 16, 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 £930 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, £2,125; and
(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, £445;
(ii)then aged 11 years or over, but under 16, £890;
(iii)then aged 16 years or over, but under 18, £1,180;
(iv)then aged 18 years or over, £1,700,
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) Subject to sub-paragraph (3), this paragraph shall apply in the case of a student with a dependent child where an amount is included in respect of the child in determining the dependants requirement under paragraph 13 and the child is either—
(a)aged 3 or 4 during the relevant school year, or
(b)attends a grant-aided school during the relevant school year.
(2) The dependants requirement of the student (determined in accordance with paragraph 13(2)(a) or (b)), shall be increased by—
(a)£245 for each dependent child (whether or not he attends a grant-aided school) aged 3 or over on 31st December in the relevant school year, but under the age of 11 immediately before the beginning of the relevant school year;
(b)£163 for each dependent child (whether or not he attends a grant-aided school) whose 3rd birthday falls after 31st December but on or before 31st March in the relevant school year ;
(c)£81 for each dependent child (whether or not he attends a grant-aided school) whose third birthday falls after 31st March but before the end of the relevant school year;
(d)£265 for each dependent child of compulsory school age who is aged 11 or over immediately before the beginning of the relevant school year.
(3) Paragraph (1) shall not apply where the dependent child receives school meals free of charge under arrangements approved by the Department of Education in accordance with Articles 58 and 59 of the Order.
(4) In this paragraph—
“grant-aided school” has the meaning assigned to it by the Order;
“relevant school year” means:
in the case of a child who attends a grant-aided school, the school year whose beginning is closest to the beginning of the academic year in respect of which the dependants requirement under this Part is being assessed; and
in the case of a child aged 3 or 4 who does not attend such a school, the period of twelve months beginning on 1st September, falling closest to the beginning of the academic year in respect of which the dependants requirement under this Part is being assessed; and
“school year” means the period from 1st August to 31st July.
15.—(1) This paragraph shall apply in the case of a student with dependants who maintains a home for himself and a dependant at a place other than 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 £740.
16.—(1) This paragraph shall apply in the case of a student who maintains a dependant outside the United Kingdom.
(2) Notwithstanding anything in the foregoing paragraphs of this Part, the student’s dependants requirement shall be such amount, if any, as the board considers reasonable in all the circumstances, not exceeding the amount determined in accordance with those paragraphs.
17. 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 1995 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(5) sums totalling at least £12,000; or
(b)started the course before 1st September 1995, 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 1995, 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 1995 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.
18. In relation to a student to whom this Part applies, the requirements referred to in regulation 12(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 £360;
(b)he was so aged 27 years, the sum of £625;
(c)he was so aged 28 years, the sum of £930;
(d)he was so aged 29 or more years, the sum of £1,225.
19. 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.
20.—(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”.
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. 1995/775 (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 virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order (S.I. 1994/429 (N.I. 2))
S.I. 1995/755 (N.I. 2)