The Education (Mandatory Awards) Regulations 1998

Assisted Students

23.—(1) Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17 shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of—

(a) such fees payable by him—

(i) as are described in Schedule 1, and

(ii) 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 2,

(ii) paragraphs 5 and 6 of Part II of that Schedule, and

(iii) Parts III and IV of that Schedule; and

(c) the amounts specified in regulation 17(3),

irrespective of whether any maintenance grant would 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 scholarship, studentship, exhibition, bursary or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962 … 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 or is relieved of his normal duties for the purpose of attending the course; except that, if the person’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of attendance are periods of part-time attendance, any payments by way of remuneration shall be disregarded.

(3) Where a person receives such payments as are mentioned in paragraph (2) in a currency other than sterling the value of a payment shall be—

(a) if the person purchases sterling with the payment the amount of sterling the person receives for it, otherwise

(b) the value of the sterling which the payment would purchase using the rate for the month in which it is received as published by the Office for National Statistics in ‘Financial Statistics’.

(4) Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17 shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968(1), in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy, radiography, midwifery, speech and language therapy, chiropody, dietetics, or prosthetics and orthotics, or in pursuance of the Training for Work Programme(2).

(1)

1968 c. 46; section 63 was amended by the National Health Service Reorganisation Act 1973 (c. 32), section 57, Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), section 129, Schedule 15, paragraph 45 and Schedule 16, the National Health Service (Scotland) Act 1978 (c. 29), section 109, Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), article 6(1), The Health and Medicines Act 1988 (c. 49), section 20, the Local Government (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 74(1) and (2), and The Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 95(2).

(2)

The Government’s main training programme for long-term unemployed adults, operated under section 2 of the Employment and Training Act 1973 (c. 50); section 2 was substituted by section 25(1) of the Employment Act 1988 (c. 19).