Students Awards Regulations (Northern Ireland) 1991

• (h) in the case of a parent who holds a statutory award, the amount by which the aggregate of his requirements for his ordinary maintenance (ascertained in accordance: with Part I of Schedule 7) and £650 exceeds the sum payable in respect of maintenance in pursuance of that award.

• (3) In any case where income is computed as though it were total income by 1 virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in (b), (c) or (d) of sub-paragraph (2), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent’s income were in fact total income.

PART III — Spouse’s contribution

Application of Part III

7

A spouse’s contribution ascertained in accordance with this Part shall be applicable in the case of every man student ordinarily living with his wife and every woman student so living with her husband except—

• (1) a student in whose case a parental contribution is applicable in accordance with Part II: and

• (b) a student whose child holds an award in respect of which a parental contribution is applicable.

Spouse’s contribution

8

• (1) Subject to sub-paragraphs (3) and (4), Part II shall, with the exception of paragraphs 3, 4(1), 4(2), 4(3), 4(4)(a), 4(4)(c), 5(4), 5(7), 5(8), 5(9) and 6(2)(f), apply with the necessary modifications for the ascertainment of the spouse’s contribution as it applies for the ascertainment of the parental contribution, references to the parent being construed as references to the student’s spouse and this Part shall be construed as one with the said Part II.

• (2) The spouse’s contribution shall be—

• (a) in any case in which the residual income is £10,010 or more but less than £16,170, £10 with the addition of £1 for every complete £7.70 by which it exceeds £10,010; and

• (b) in any case in which the residual income is £16,170 or more but less than £23,760, £810 with the addition of £1 for every complete £5.50 by which it exceeds £16,170; and

• (c) in any case in which the residual income is 523,760 or more, 22,190 with the addition of £1 for every complete £4.40 by which it exceeds £23,760;

reduced, in any such case, by £100 in respect of each child of the student who is dependent on him or his spouse on the first day of the year for which the contribution falls to be ascertained; and in any case in which the residual income is less than £10,010 the spouse’s contribution shall be nil:

• provided that the amount of the spouse’s contribution shall in no case exceed £5,800.

• (3) If the student marries during any year for which the contribution falls to be ascertained, the contribution for that year shall be the fraction of the sum ascertained in accordance with the provisions of sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the date of the marriage and whichever is the earlier of the end of that year and the end of the course.

• (4) If the student’s marriage terminates during any year for which the contribution falls to be ascertained, the contribution for that year shall be the fraction of the sum ascertained in accordance with sub-paragraphs (1) and (2) of which the denominator is 52 and the numerator is the number of complete weeks between the beginning of that year and the termination of the marriage.

SCHEDULE 9 — Single students with dependants

1

This Schedule shall apply in the case of a student who does not ordinarily live with a spouse or with another person as a spouse.

2

• (1) This paragraph shall apply where the student has dependants within the meaning of Part III of Schedule 7.

• (2) In the case of such a student—

• (a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 8 shall be £1,475 instead of £675; or

• (b) the requirements under paragraph 14 of Schedule 7 shall be treated as increased by the sum of 5800; or

• (c) in the case of a student to whom Part IV of Schedule 7 applies, his requirements shall be treated as including the sum specified in paragraph 18 thereof,

whichever is the most favourable to him (disregarding head (b) where, in pursuance of paragraph 3, he elects as mentioned therein).

3

• (1) This paragraph shall apply in the case of a student with one or more child dependants under the age of 19 years and for the purpose of this paragraph “child” shall have the same meaning as in Part III of Schedule 7.

• (2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 7 shall be disregarded and that instead there shall in calculating his income be disregarded £1,780 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £560 in respect of every other such child.

SCHEDULE 10 — Sandwich courses

1

• (1) For the purposes of determining the prescribed proportion or the modified proportion where the number of weeks in question is not a whole number, a day shall be reckoned as a seventh of a week.

• (2) In the application of this Schedule to a student to whom Schedule 9 applies, references to Schedules 7 and 8 are to be construed as references to those Schedules as modified in accordance with Schedule 9.

• (3) In the application of this Schedule to a student who is attending a course provided at the University of Oxford or the University of Cambridge, this Schedule shall have effect as if—

• (a) in the definition of “prescribed proportion” in regulation 3(1) for the number “30” there were substituted the number “25”: and

• (b) in paragraphs 2(a) and 3(b) for “30 weeks 3 days” there were substituted “25 weeks 3 days”.

2

The provisions of Schedule 7 shall, as respects any sandwich year, have effect subject to the following modifications—

• (a) where the period of full-time study does not exceed 30 weeks 3 days, the student’s requirements for his ordinary maintenance shall be the prescribed proportion of the appropriate amount specified in Part I;

• (b) where the period of full-time study exceeds 30 weeks 3 days, the student’s requirements for his ordinary and supplementary maintenance shall be the aggregate of the appropriate amount specified in Part I and the appropriate amount specified in paragraph 5 of Part II;

• (c) the student’s requirement for the maintenance of a dependant shall be the modified proportion of the sum specified in Part III except that where such a requirement falls to be increased under paragraph 16 it shall be increased by, the prescribed proportion of the sum there specified; and

• (d) if the student is a person to whom Part IV applies, his requirements under that Part shall be the modified proportion of the amount there specified.

3

The provisions of Schedule 8 shall, as respects any sandwich Year, have effect subject to the following modifications—

• (a) the sum to be disregarded under paragraph 1(1)(a) of Part I shall be the prescribed proportion of £675 and the reference in paragraph 1(1)(c) to £1,545 shall be construed as a reference to the aggregate of £870 and the prescribed proportion of £675;

• (b) in calculating the student’s income,

• (i) there shall be disregarded any payment made to him by his employer in respect of any period of experience;

• (ii) the prescribed proportion of his income shall be treated as if it were the whole of his income;

• (c) the amount of the parental contribution applicable to his case shall be the prescribed proportion of the contribution ascertained in accordance with Part II; and

• (d) the amount of the spouse’s contribution applicable to his case shall be the prescribed proportion of the contribution ascertained in accordance with Part III.

Signed

Sealed with the Official Seal of the Department of Education on

E. M. Power — Assistant Secretary — 27th November 1991.

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which have effect retrospectively on and from 1st September 1991 replace, with amendments, the Students Awards (No. 2) Regulations (Northern Ireland) 1990 and the Students Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1991 (“the previous Regulations”). Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986. S.I. 19861594 (N.I. 3) (“the Order of 1986”).

The Regulations govern the making of awards (“mandatory awards”), which it is the duty of education and library boards to make to specified persons. They do not relate to awards (“discretionary awards”) which, in pursuance of Article 50(3) of the Order of 1986, boards may make under arrangements approved by the Department of Education.

While their text and format do not repeat exactly the provision made in England and Wales, the Regulations maintain parity of awards for Northern Ireland students with their English and Welsh counterparts. They parallel in substance most of the provisions of the Education (Mandatory Awards) Regulations 1991 S.I. 1991/1838 made by the Secretary of State for Education and Science relating to awards for students from England and Wales.

The principal changes, as compared with the previous Regulations, are described below.

• The Regulations govern the making of awards by boards to specified persons for teacher training courses, formerly provided by the Department of Education.

• Countries included in the definition of a higher-cost country now include the Republic of Korea (regulation 3).

• Education and Library Boards are enabled to make payment of a mandatory award to eligible students domiciled in Northern Ireland but undertaking an approved course of study at an institution in the Republic of Ireland (regulation 3).

• Students undertaking unpaid service in the prison service and students attending an international course and undertaking unpaid research outside the United Kingdom can, while doing so, now receive payments pursuant to their awards (regulation 3).

• Provision has been inserted to deal with the position of students from other member states of the European Community who attend a specified course at an institution in Northern Ireland (regulation 11(2)(b)).

• Provision has been made for the apportionment of payments between the 1990 and 1991 rates in respect of courses not commencing in the autumn at the University of Buckingham, which has four terms (regulation 12(4)). The definition of a year has been amended accordingly (regulation 3).

• The time limits for payment of fees have been specified (regulation 17(4)).

• A course for the postgraduate certificate in education has been added to the list of specified courses (Schedule 3).

• Differentiated fees have been introduced, so that higher fees are payable in respect of certain courses (Schedule 6 paragraph (a)(1) to (3)).

• Scales for determining parental contribution and spouse’s contribution rates have been revised in line with average earnings. In most cases supplementary allowances have been increased broadly in line with increases in overall student support.

Footnotes

[^f00001]: S.I. 1986/594 (N.I. 3)

[^f00002]: S.R. 1990 No. 427

[^f00003]: S.R. 1991 No. 191

[^f00004]: OJ No. L257, 19.10.68, p. 2 (OJ/SE 1968 (II) p.475)

[^f00005]: S.I. 1989/2406 (N.I. 20)

[^f00006]: 1977 c. 49, amended by paragraph 11 of Schedule 3 to the Health and Social Security Act 1984 (c. 48)

[^f00007]: 1978 c. 29

[^f00008]: S.I. 1972/1265 (N.I. 14)

[^f00009]: Cmnd. 9171

[^f00010]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Student Support Branch, Department of Education, Rathgael House, Balloo Road, Bangor, Co. Down BT19 2PR)

[^f00011]: S.R. 1991 No. 390

[^f00012]: 1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12

[^f00013]: 1975 c. 15

[^f00014]: S.I. 1980/870 (N.I. 8)

[^f00015]: Section 15(1)(b) was amended by paragraph 5(1) of Schedule 1 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)). Section 22 was substituted by paragraph 13 of Schedule 4 to the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and section 36 was substituted by Article 5 of the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8))

[^f00016]: S.I. 1982/1084 (N.I. 16); Part II was amended by Schedule 3 to the Social Security Adjudications (Northern Ireland) Order 1983 (S.I. 1983/1524 (N.I. 17)), paragraph 13(1) of Schedule 2 to, and paragraphs 7 and 8 of Schedule 5 to, the Health and Social Security (Northern Ireland) Order 1984. Articles 18(1), (4) and (5) and 20 of, and paragraphs 4, 6 and 7 of Schedule 4 to, and Schedule 6 to, the Social Security (Northern Ireland) Order 1985 (S.I. 1985 (S.I. 1985/1209 (N.I. 16)), Articles 68(1) and 69 of, and paragraph 50 of Schedule 9 to, and Schedule 10 to, the Social Security (Northern Ireland) Order 1986, Part II of Schedule 5 to the Wages (Northern Ireland) Order 1988 (S.I. 1988/796 (N.I. 7)), paragraph 20 of Schedule 7 to the Social Security (Northern Ireland) Order 1989, paragraph 11 of Schedule 6 to the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)), Articles 3(1) and (3) and 4(1) and (2) of, and the Schedule to, the Statutory Sick Pay (Northern Ireland) Order 1991 (S.I. 1991/765 (N.I. 9)), Article 2 of the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1991 (S.I. 1991 No. 87) and Part II of Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

[^f00017]: S.I. 1986/1888 (N.I. 18); Part VI was amended by paragraphs 12, 13 and 14 of Schedule 4 to, and Schedule 5 to, the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)) paragraphs 22 and 23 of Schedule 7 to, and Schedule 9 to the Social Security (Northern Ireland) Order 1989 and Part II of Schedule 5 to the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1))

[^f00018]: S.I. 1977/2156 (N.I. 27) as substituted by S.I. 1982/1084 (N.I. 16) Article 31(1) and repealed by Schedule 10 to the Social Security (Northern Ireland) Order 1986

[^f00019]: Article 21 was amended by Articles 5 and 6(1) and (2) of the Social Security (Northern Ireland) Order 1988 and Articles 7(1) and 15 of, and paragraph 14 of Schedule 8 to, the Social Security (Northern Ireland) Order 1989

[^f00020]: 1981 c. 61

[^f00021]: 1954 c. 33 (N.I.)

[^f00022]: S.I. 1990/1506 (N.I. 11)

[^f00023]: Section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979 (S.I. 1979/396 (N.I. .5)), paragraph 8 of Part II of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3(1) of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)) and paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and Article 3(1) and (2) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)). Section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and amended by Article 4 of the Social Security (Northern Ireland) Order 1979 and Article 72(1) to (3) of, and Schedule 10 to, the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 10 of the Social Security (Northern Ireland) Order 1989

[^f00024]: 1977 c. 5. The relevant order currently in force is the Naval, Military and Air Forces. Etc. (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883 amended by S.I. 1983/1116, 1983/1521, 1986/592, 1990/250 and 1990/1308)

[^f00025]: 1968 c. 34 (N.I.)

[^f00026]: Section 38 was amended by paragraph 13 of Schedule 4 and by Schedule 5 to the Child Benefit (Northern Ireland) Order 1975 (S.I. 1975/1504 (N.I. 16)) and by Article 46 of the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18))

[^f00027]: 1988 c. 1

[^f00028]: 1970 c. 10

[^f00029]: 1981 c. 35

[^f00030]: 1987 c. 16

[^f00031]: S.I. 1986/1888 (N.I. 18)

[^f00032]: S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153 and S.R. 1989 No. 371 and S.R. No. 341

[^f00033]: Section 35 was amended by Article 3 of the Social Security (Northern Ireland) Order 1979 S.I. 1979/396 (N.I. 5)). paragraph 8 of Part II of Schedule 1 to the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)), Article 3(1) of the Social Security (Northern Ireland) Order 1988 (S.I. 1988/594 (N.I. 2)) paragraph 5 of Schedule 8 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)) and Article 3(1) and (2) of the Social Security (Northern Ireland) Order 1990 (S.I. 1990/1511 (N.I. 15)). Section 37A was inserted by Article 24(1) of the Social Security Pensions (Northern Ireland) Order 1975 (S.I. 1975/1503 (N.I. 15)) and amended by Article 4 of the Social Security (Northern Ireland) Order 1979 and Article 72(1) to (3) of, and Schedule 10 to, the Social Security (Northern Ireland) Order 1986 (S.I. 1986/1888 (N.I. 18)) and Article 10 of the Social Security (Northern Ireland) Order 1989

[^f00034]: 1977 c. 5. The relevant order currently in force is the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 1983 (S.I. 1983/883 amended by S.I. 1983/1116, 1983/1521, 1986/592, 1990/250 and 1990/1308)

[^f00035]: S.I. 1986/1888 (N.I. 18); the scheme under Article 21 is currently constituted by the provisions of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461 as amended by S.R. 1988 Nos. 117, 186, 314 and 424, S.R. 1989 No. 366 and S.R. 1990 Nos. 33, 137, 345 and 442, S.R. 1991 Nos. 47, 77, 79, 176 and 337)

[^f00036]: 1986 c. 50; the scheme under Part II is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by section 24(3) of the Employment Act 1988 (c. 19), S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017 and S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564 and S.I. 1990/235, 503 and 1599

[^f00037]: 1968 c. 34 (N.I.)

[^f00038]: OJ No. L222, 8.8.86. p. 17

[^f00039]: OJ No. L166, 25.6.87. p. 20

[^f00040]: OJ No. L239, 16.8.89: p. 24

[^f00041]: S.I. 1990/1506 (N.I. 11)

[^f00042]: 1988 c. 1

[^f00043]: Section 126 was amended by Part II of Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))

[^f00044]: 1958 c. 23 (N.I.)

[^f00045]: 1988 c. 1

[^f00046]: 1987 c. 16