The Education (Mandatory Awards) Regulations 1998

Reduced entitlement to payments

25.—(1) In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17 but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.

(2) Subject to paragraph (3), paragraph (4) shall apply in the case of a student who—

(a) has previously attended a course of higher education being—

(i) a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or

(ii) a course of two academic years' duration, in the case of one not so designated, or

(b) has previously successfully completed a part-time course corresponding to such a course as is mentioned above

(‘the previous course’), and who holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course of more than one year’s duration (‘the current course’).

(3) Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution) and a subject thereof is—

(a) physics, chemistry or biology (or a combination of those subjects); or

(b) mathematics; or

(c) design and technology; or

(d) information technology; or

(e) a modern foreign language or languages; or

(f) Welsh; or

(g) religious education; or

(h) music; or

(i) some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.

(4) Where this paragraph applies, the authority shall only be required to make payments under regulation 17 in pursuance of the award in respect of the current course—

(a) where that course is not more than two years' duration, in respect of the final year of the student’s course;

(b) where 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, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17 as aforesaid.

(5) In paragraphs (2) and (4) 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; and

(c) to a person’s having attended a course shall be construed as provided in regulation 12(9) and (10).

(6) Where the authority have come under a duty to bestow an award on 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,

they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (7).

(7) The amounts to be deducted under paragraph (6) are—

(a) from the sum payable in respect of fees under regulation 17 the amount of any instalment payable before the date on which the student became a European student or the refugee was recognized as a refugee, and

(b) from the sum or grant payable in respect of maintenance under regulation 17 the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).

(8) Where an award has been transferred by the authority under regulation 14(1)(a) or (b) 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 bestowed (“the previous course”), and

(b) the authority are 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 authority are 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 authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (9).

(9) The period referred to in paragraph (8) is the period which begins on the first day the student attends the current course and which ends after the number of weeks mentioned in paragraph (10).

(10) The number of weeks referred to in paragraph (9) 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.

(11) Where an award has been transferred under regulation 14(1)(c) or (d) 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 authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (12).

(12) The period referred to in paragraph (11) 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 (13).

(13) The number of weeks referred to in paragraph (12) is the number of weeks by which the overall period of study exceeds the prescribed period of study.

(14) In determining the period ordinarily required to complete a course for the purposes of paragraphs (8), (10) or (11) 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 authority would not make any payments for maintenance in respect of that period under paragraph (1).

(15) For the purposes of paragraphs (8) and (11) a payment is due in respect of the period mentioned in paragraphs (9) and (12) respectively if it is—

(a) any instalment or other payment on account of fees becoming payable under regulation 17 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 17 which relates to that period.