Students Awards Regulations (Northern Ireland) 2001

Withholding and reduction of payments

18.—(1) Without prejudice to paragraphs 2(1)(c) and 4(2) of Schedule 3 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 13, the board may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulations 12, 14 or 15.

(2) No payment shall be made in respect of fees if—

(a) before the date on which the fees become payable the student ceases to attend the course; and

(b) the academic authority has determined or agreed that he will not commence attending again during the year in respect of which the fees are payable, or at all.

(3) 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 in respect of maintenance otherwise due in pursuance of the award shall be reduced by the sum mentioned in paragraph (5).

(4) 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 60 days due to illness); and

(b) where an award held in respect of one course is transferred in pursuance of paragraph 1(1) of Schedule 3 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 in respect of maintenance otherwise due in pursuance of the award by such amount, not exceeding the sum mentioned in paragraph (5), as having regard to all relevant circumstances it considers appropriate.

(5) The sum referred to in paragraphs (3) and (4) is the aggregate of—

(a) the maintenance grant calculated under regulation 12(1) multiplied by the number of days for which the period in question lasted divided by the number of days in respect of which the grant is payable for the year; and

(b) such portion of the maintenance grant calculated under regulation 12(2) as the board considers appropriate.

(6) In determining the number of days for which the period in question lasted under paragraph (5) the board shall disregard the first 60 days of any period of absence due to illness.