Students Awards Regulations (Northern Ireland) 1997

• (r) any payments made to the student under the action scheme of the European Community for the Mobility of University Students known as ERASMUS[^f00044] or the European Community programme for foreign language competence known as LINGUA[^f00045];

• (s) the first £3,030 of any pension other than one of the kind mentioned at head (d), however described, and including any such pension paid to the student as a widow, child or dependant;

• (t) any payment made to the student in pursuance of the Education (Student Loans) (Northern Ireland) Order 1990[^f00046];

• (u) any payment made to the student out of access funds held by the institution at which he attends his course;

• (v) any payment made to the student as a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973[^f00047].

• (2) In the case of a student who makes any payment in pursuance of an obligation incurred before the first year of his course, in calculating his income for the purposes of regulation 13(1)(b) there shall be deducted therefrom—

• (a) if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question;

• (b) 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,

except that no deduction shall be made from the income of a married student where the student’s spouse is a dependant for the purposes of Part III of Schedule 7 and, in pursuance of paragraph 13(1) of that Schedule, the payment is taken into account in determining the spouse’s income.

• (3) In a case where the student is the parent or step-parent of an award holder in respect of whom a contribution is ascertained under Part II so much of the amount (if any) by which the contribution is reduced under paragraph 4(3) of that Part as the board considers just shall be treated as part of the student’s income for the purposes of regulation 13(1)(b).

Part II — Parental contribution

Interpretation of Part II

2

• (1) In this Part—

• “child” includes a person adopted in pursuance of adoption proceedings and a step-child but, except in paragraph 4, does not include a child who holds a statutory award and, except as otherwise provided by paragraph 5, “parent” shall be construed accordingly;

• “gross income” has the meaning assigned to it by paragraph 5;

• “income of the student’s parent” means the total income of the parent from all sources computed as for income tax purposes, except as otherwise provided by paragraph 5 or 6;

• “residual income” means, subject to sub-paragraph (2), the balance of gross income remaining in any year after the deductions specified in paragraph 6 have been made;

• “total income” has the same meaning as in section 835(1) of the Income and Corporation Taxes Act 1988[^f00048].

• (2) Where, in a case not falling within paragraph 5(3) or 5(4), the board is satisfied that the income of the parent in any financial year is as a result of some event beyond his control likely to be, and to continue after that year to be, not more than 85% of his income in the financial year preceding that year, it may, for the purpose of enabling the student to attend the course without hardship, ascertain the parental contribution for the year of his course in which that event occurred by taking as the residual income the average of the residual income for each of the financial years in which that year falls.

• (3) Where the student’s parent satisfies the board that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then if the board and the parent so agree any reference in this Part to a financial year shall be construed as a reference to a year ending with such date as appears to the board expedient having regard to the accounts kept in respect of that business or profession and the periods covered thereby.

• (4) Where a parent is in receipt of any income which does not form part of his total income by reason only that—

• (a) he is not resident, ordinarily resident or domiciled in the United Kingdom;

• (b) the income does not arise in the United Kingdom; or

• (c) the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any statutory provision,

his income for the purposes of this Part shall be computed as though the income first mentioned in this sub-paragraph were part of his total income.

Application of Part II

3

A parental contribution ascertained in accordance with this Part shall be applicable in the case of every student except—

• (a) an independent student;

• (b) a student in respect of whom the board is satisfied either—

• (i) that his parents cannot be found; or

• (ii) that it is not reasonably practicable to get in touch with them;

• (c) a student who has been—

• (i) in the care of a Health and Social Services Board or a Health and Social Services Trust;

• (ii) provided with accommodation by a Health and Social Services Board or Health and Social Services Trust under Article 21 of the Children (Northern Ireland) Order 1995; or

• (iii) accommodated by a voluntary organisation under Article 75 of the Children (Northern Ireland) Order 1995 throughout the three months immediately preceding—

• (a) the first year of his course; or

• (b) without prejudice to sub-paragraph (a), his attaining the age of 18 years where he had attained that age before the first year of his course,

and has not, at any time in the said period of three months been allowed by the Health and Social Services Board or Health and Social Services Trust to be under the charge and control of his parents or, in the case of a student who has been accommodated by a voluntary organisation, has not, at any such time, in fact been under such charge and control;

• (d) a student whose parents are residing overseas where the board is satisfied either—

• (i) that the assessment of a parental contribution would place those parents in jeopardy; or

• (ii) that it would not be reasonably practicable for those parents to send any such contribution to the United Kingdom;

• (e) a student who has been the subject of a residence order made under Article 8 of the Children (Northern Ireland) Order 1995 in favour of a person who is not his parent throughout the three months immediately preceding—

• (i) the first year of his course; or

• (ii) without prejudice to sub-paragraph (i) his attaining the age of 18 years where he had attained that age before the first year of his course;

• (f) where sub-paragraph (7) of paragraph 5 applies and the parent whom the board considered the more appropriate for the purposes of that sub-paragraph has died.

Parental contribution

4

• (1) The parental contribution shall, subject to sub-paragraphs (2), (3) and (4) be—

• (a) in any case in which the residual income is £16,450 or more but less than £21,030, £45 with the addition of £1 for every complete £13·00 by which it exceeds £16,450;

• (b) in any case in which the residual income is £21,030 or more but less than £30,915, £397 with the addition of £1 for every complete £9·20 by which it exceeds £21,030; and

• (c) in any case in which the residual income is £30,915 or more £1,471 with the addition of £1 for every complete £7·50 by which it exceeds £30,915,

reduced in each case, in respect of each child of the parent (other than the student) who is wholly or mainly dependent on him on the first day of the year for which the contribution falls to be ascertained, by £75; and in any case in which the residual income is less than £16,450 the parental contribution shall be nil.

• (2) The amount or (where a contribution is ascertained in respect of more than one child of the parent) the aggregate amount of the parental contribution shall not exceed £5,945 in any case.

• (3) For any year in which a statutory award is held by—

• (a) more than one child of the parent;

• (b) the parent; or

• (c) the student’s step-parent,

the parental contribution for the student shall be such proportion of any contribution ascertained in accordance with this Part as the board (after consultation with any other board or local education authority in Great Britain concerned) considers just, provided that where a contribution is ascertained in respect of more than one child of the parent the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award.

• (4) Where in any year a student attends only part of his course the parental contribution for that year shall be reduced pro rata.

Gross income

5

• (1) For the purposes of this paragraph, “preceding financial year” means the financial year immediately preceding the year in respect of which the resources of the student fall to be assessed (“assessment year”) and “current financial year” means the financial year which includes the first day of that assessment year;

Provided that where references to a financial year fall to be construed in accordance with paragraph 2(3) as references to a year ending with a date less than five months before the assessment year, “preceding financial year” shall mean the year ending with a date five or more months before the beginning of that assessment year and “current financial year” shall mean the year ending with a date within those five months.

• (2) Subject to the provisions of this paragraph, “gross income” means the income of the student’s parent in the preceding financial year or, for the purpose of calculating residual income under paragraph 2(2), in a financial year there mentioned.

• (3) Where the board is satisfied that the income of the parent in the current financial year is likely to be not more than 85 per cent of his income for the preceding financial year, it may for the purpose of calculating the parental contribution ascertain the gross income by reference to the current financial year; and, in such case, sub-paragraph (2) shall have effect, in relation to the assessment year and, if the board so determines, any subsequent year, as if the reference therein to the preceding financial year were a reference to the current financial year.

• (4) Where one of the student’s parents dies either before or during the assessment year and that parent’s income has been or would be taken into account for the purpose of determining the parental contribution, the parental contribution shall—

• (a) where the parent dies before the assessment year, be determined by reference to the income of the surviving parent; or

• (b) where the parent dies during the assessment year, be the aggregate of—

• (i) the appropriate proportion of the contribution determined by reference to the income of both parents, that is to say such proportion thereof as the part of the assessment year during which both parents were alive bears to the full year, subject to a maximum of the same proportion of the student’s maintenance requirements as determined in accordance with Schedule 7; and

• (ii) the appropriate proportion of the contribution determined by reference to the income of the surviving parent, that is to say such proportion thereof as the part of the assessment year remaining after the parent dies bears to the full year, subject to a maximum of the same proportion of the student’s maintenance requirements as determined in accordance with Schedule 7.

• (5) Without prejudice to sub-paragraph (6), where, in pursuance of any trust deed or other instrument or by virtue of sub-sections (1) and (2) of section 32 of the Trustee Act (Northern Ireland) 1958[^f00049]) or any other statutory provision any income is applied by any person for or towards the maintenance, education or other benefit of the student or of any person dependent on the student’s parent, or payments made to his parent are required to be so applied, that income, or those payments, shall be treated as part of the gross income of the parent.

• (6) Where any award such as is mentioned in paragraph 1(1)(b)(i) is made by reason of the parent’s employment to any member of his family or his household (whether the student or some other such member) who holds a statutory award then, notwithstanding the provisions of section 154 of the Income and Corporation Taxes Act 1988[^f00050], that award shall not be treated as part of the gross income of the parent.

• (7) Where the parents do not ordinarily live together throughout the assessment year, the parental contribution shall be determined by reference to the income of whichever parent the board considers the more appropriate in the circumstances.

• (8) Where the parents do not ordinarily live together for part only of the assessment year, the parental contribution shall be the aggregate of—

• (a) the proportion, which the part of the assessment year for which the parents do not so live together bears to the full year, of the contribution determined in accordance with sub-paragraph (7) subject to a maximum of the same proportion of the student’s maintenance requirements as determined in accordance with Schedule 7; and

• (b) the proportion, which the part of the assessment year for which the parents so live together bears to the full year, of the contribution determined without regard to sub-paragraph (7) subject to a maximum of the same proportion of the student’s maintenance requirements as determined in accordance with Schedule 7.

• (9) Where the student has a parent and a step-parent, the parental contribution shall be ascertained by reference to the income of the parent.

Deductions

6

• (1) For the purposes of determining the income of a student’s parent (and, accordingly, the parent’s gross income), insofar as in computing his total income for income tax purposes any deductions fall to be made—

• (a) by way of personal reliefs provided for in Chapter I of Part VII of section 280 of the Income and Corporation Taxes Act 1988;

• (b) in respect of any payment made by the parent under covenant;

• (c) in pursuance of any Act passed after the passing of the Finance Act 1987[^f00051] on 15th May 1987; or

• (d) without prejudice to the foregoing, of a kind mentioned in sub-paragraph (2),

the parent’s income shall be determined as though those deductions did not fall to be made.

• (2) For the purpose of determining a parent’s residual income there shall be deducted from his gross income—

• (a) in respect of any person, other than a spouse, child or holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,080 exceeds the income of that person in that year;

• (b) the gross amount of any sums paid as interest (including interest on a mortgage) in respect of which relief is given under the Income Tax Acts in respect of a loan to the parent;

• (c) half of the gross amount of any premium payable under a policy of life insurance in respect of which relief is given under section 266 of the Income and Corporation Taxes Act 1988 (life policy and certain other premiums) in the relevant year;

• (d) the gross amount of any other premium or sum in respect of which relief is given under sections 266, 273, 619 or 639 of that Act in the relevant year;

• (e) where the parents ordinarily live together and one of them is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,630;

• (f) where a parent whose marriage has terminated either is gainfully employed or is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,630;

• (g) in respect of additional expenditure incurred by reason of the fact that the parent lives in a place where the cost of living is higher than that cost in the United Kingdom, such sum (if any) as the board considers reasonable in all the circumstances;

• (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 £845 exceeds the sum payable in respect of maintenance in pursuance of that award;

• (i) any payments made to the parent pursuant to an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child.

• (3) In any case where income is computed as though it were total income by virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in head (b), (c), (d) or (i) 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—

• (a) 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), (2), (3)(a) and (c), 5(4), (7), (8) and (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 Part II.

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

• (a) in any case in which the residual income is £13,015 or more but less than £21,035, £10 with the addition of £1 for every complete £9·80 by which it exceeds £13,015;

• (b) in any case in which the residual income is £21,035 or more but less than £30,910, £828 with the addition of £1 for every complete £7·05 by which it exceeds £21,035; and

• (c) in any case in which the residual income is £30,910 or more, £2,228 with the addition of £1 for every complete £5·60 by which it exceeds £30,910;

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 £13,015 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £5,945 in any case.

• (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 £1,735 instead of £800; or

• (b) the requirements under paragraph 13 of Schedule 7 shall be treated as increased by the sum of £970; 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 17 of that Schedule,

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

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 £2,250 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £710 in respect of every other such child.

SCHEDULE 10 — Sandwich courses

1

• (1) In this Schedule—

• “modified proportion” means the proportion which the number of weeks in the year in which there are no periods of experience for the student in question bears to 52;

• “periods of experience” means, subject to sub-paragraph (2), periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;

• “prescribed proportion” means the proportion which the number of weeks in the year for which the student in question attends the institution for bears to 30, except that, where the proportion is greater than the whole, it means the whole;

• “sandwich course” means a course consisting of alternate periods of full-time study at an institution and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year of the course; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period;

• “sandwich year” means, as respects any student, any year of a sandwich course which includes both periods of full-time study in the institution and periods of experience, other than— unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland; unpaid service with a public body in the United Kingdom or the Republic of Ireland acting in the exercise of its functions relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the Republic of Ireland; unpaid service in the prison, probation and aftercare service in the United Kingdom or the Republic of Ireland; teaching practice; unpaid research in an institution or, in the case of a student attending an overseas institution as a necessary part of his course, in an overseas institution; such experience as aforesaid falling wholly within the usual periods of attendance at the institution in any year which do not comprise paid service or employment and which do not aggregate more than either 6 weeks during that year or fall within that year and another year and do not aggregate more than 12 weeks during the 2 years taken together, where that other year has not already been taken into account for the purposes hereof; unpaid service with— a Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00052] or a Special Health Authority established pursuant to section 11 of that Act[^f00053]; a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00054]; or a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00055]; or a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00056].

• (2) In the case of a student whose course includes the study of one or more modern languages for not less than one half of the time spent studying on the course and which includes periods of residence in a country whose language is a language of the course, “periods of experience” means such period of residence for which he is in gainful employment

• (3) 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.

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

• (5) 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, the provisions thereof shall have effect as if—

• (a) in the definition of “prescribed proportion” in sub-paragraph (1) for the number “30” there were substituted the number “25”; and

• (b) in paragraphs 2(a) and (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 14 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 £800 and the reference in paragraph 1(1)(c) to £1,810 shall be construed as a reference to the aggregate of £1,010 and the prescribed proportion of £800;

• (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

Robson Davison — Assistant Secretary — 4th August 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st September 1997 revoke and replace, with amendments, the Students Awards (No. 2) Regulations (Northern Ireland) 1996 as amended by the Student Awards (No. 2) (Amendment) Regulations (Northern Ireland) 1996 (“the previous Regulations”).

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 Education and Libraries Order (Northern Ireland) 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 1997 (S.I. 1997/431) made by the Secretary of State for Education and Employment relating to awards for students in England and Wales.

The principal changes (other than the changes in the rates of fees, grants and allowances) are described as follows:—

The definition of course of initial teacher training has been amended to ensure that a course of initial teacher training, which involves full-time attendance for the purposes of study for teaching practice for 30 weeks a year, continues to be included even if the course involves less than 19 weeks of full-time study.

The definition of a European student has been amended to ensure that all European Community nationals who are not eligible for a full award under regulation 11(2)(a) by virtue of the operation of regulation 7(2) and Schedule 2 are eligible for a fees only award under regulation 11(2)(b) (regulation 3(1)). The provisions relating to European Economic Area migrant workers have been amended to ensure that British migrant workers returning from employment in the EEA have precisely the same entitlement to awards as migrant workers who are nationals of other member States of the EEA (the definition of migrant worker in regulation 3(1) and regulation 7(5).

A student who is irreconcilably estranged from his parents will not have his maintenance grant assessed on the assumption that his parents will make a contribution to his maintenance, and a year without communication between a student and either of his parents will be considered to be irreconcilable estrangement (regulation 3(1) and 3(5)). A student who has moved to Northern Ireland from England, Scotland, Wales, the Channel Islands or the Isle of Man for the purpose of attending a course will not be treated as ordinarily resident in the area of the board where he attends the course, and therefore will not be entitled to an award (regulation 11(3) and (5)).

A course for the Higher National Diploma provided by a publicly funded institution in conjunction with a private institution, or by a private institution, may now be designated for the purposes of the Regulations by the Secretary of State for Education and Employment (regulation 3(1)). The regulation excepting from entitlement students who have previously attended certain courses has been amended to make it clear that in calculating the length of such courses for the purposes of determining whether the exception applies it is the period ordinarily required for the courses' completion which is relevant, rather than the period the student in fact attended the particular course (regulation 9(1)(c)). The regulation has also been amended to provide that attendance at more than one course where an award has been transferred from one course to another shall only be considered to be attendance at the most recent course, the duration of which includes the time spent on the first course or courses and the time ordinarily required for the completion of the most recent course (regulation 9(1)(c)).

An additional exception to entitlement has been added, so that a student who is not settled in the United Kingdom within the meaning of the Immigration Act 1971 at the beginning of the first year of the course in question will not be entitled to an award (Schedule 2, Part II paragraph 2(a)). Settlement is defined in the Immigration Act as being ordinarily resident in the United Kingdom without being subject under immigration laws to any restriction on the period for which the person in question may stay. This new exception does not apply to European Community students or to European Economic Area migrant workers, their spouses or children.

Restrictions on the transfer of awards after the first 16 months of a course which applied when the course to which a student wished to transfer his award would have taken longer to complete than his original course would have taken to complete have been removed (Schedule 4 paragraph (1)). Instead when an award is transferred in such circumstances payments of fees and maintenance will be suspended immediately for a period which represents the increased length of time which the student will require to complete the course. After the period of suspension payments will resume until the end of the course (regulation 19(7) to (14)).

Provision has been made to disregard incapacity benefit paid to a student in calculating his income for the purposes of determining his entitlement to maintenance grant (Schedule 8, Part I paragraph 1(1)(k)).

The provisions concerning sandwich courses have been amended so that all courses consisting of alternate periods of study and periods of industrial, professional or commercial experience associated with full-time study, paid or unpaid, are treated as sandwich courses (Schedule 10, paragraph 1(1)). Courses involving certain types of unpaid service will still not attract the reduction in maintenance payments normally applicable to sandwich courses, as a year including periods of such service do not fall within the definition of “sandwich year”. However, such courses now attract a reduction in fee payments in the circumstances referred to in Schedule 6, paragraph (a)(vii). Further, the minimum requirement of full-time study for an average of not less than 19 weeks in each year of a course will apply to all courses involving a period of industrial, professional or commercial experience associated with full-time study. The provisions do not apply to courses of initial teacher training.

Regulation 16, which provides for the reduction of maintenance payments where teacher training courses are not full-time, has been amended so that it only applies in years where there is less than 30 weeks' full-time attendance for the purposes of study or teaching practice. Provision has been made so that half fees are payable in respect of any course of initial teacher training where the periods of full-time study are in aggregate less than 10 weeks, whether or not attendance over the year has been part-time, full-time or partly part-time and partly full-time (sub-paragraph (iii) of Schedule 6).

Footnotes

[^f00001]: As amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II

[^f00002]: S.I. 1986/594 (N.I. 3)

[^f00003]: S.R. 1996 No. 298

[^f00004]: S.R. 1996 No. 546

[^f00005]: O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 475)

[^f00006]: S.I. 1989/2406 (N.I. 20) as amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II

[^f00007]: 1994 c. 30

[^f00008]: Cmnd 2073

[^f00009]: Cmnd 2183

[^f00010]: Cmnd. 9171

[^f00011]: 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 7PR)

[^f00012]: S.R. 1996 No. 578

[^f00013]: 1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12

[^f00014]: 1992 c. 7

[^f00015]: S.I. 1995/2705 (N.I. 15)

[^f00016]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12))

[^f00017]: Section 35(1) was amended by Regulation 2 of S.R. 1994 No. 176

[^f00018]: Part XI was amended by Article 5(1) of the Statutory Sick Pay (Northern Ireland) Order 1994 (S.I. 1994/766 (N.I. 5)), Article 10 of, and paragraphs 34 and 35 of Schedule 1 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and S.R. 1995 No. 69

[^f00019]: Part XII was amended by Article 4(b) of the Still-Birth (Definition) (Northern Ireland) Order 1992 (S.I. 1992/1310 (N.I. 10)) and by S.R. 1994 No. 176

[^f00020]: 1954 c. 33 (N.I.)

[^f00021]: 1988 c. 40

[^f00022]: As amended by S.I. 1993/2810 (N.I. 12) Article 42(2)

[^f00023]: S.I. 1990/1506 (N.I. 11)

[^f00024]: 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 19) section 25(1); sub-sections 4 and 6 of that section were repealed by the Employment Act 1989 (c. 38) Schedule 7, Part I; “Career Development Loans” are made by banks to persons who are enrolled on eligible courses; they are made in pursuance of arrangements made by the Secretary of State for Education and Employment under section 2

[^f00025]: S.R. 1996 No. 190; revoked and replaced by S.R. 1996 No. 298

[^f00026]: 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23) sections 10 to 12

[^f00027]: Section 64 was modified by paragraph 19 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

[^f00028]: Section 68 was amended by Article 11 of, and paragraph 18 of Schedule 1, and Schedule 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and S.R. 1994 No. 370

[^f00029]: 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 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766 and 1996/732 and 1638)

[^f00030]: 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. 1995/755 (N.I. 22)); the relevant Regulations are S.R. 1996/438

[^f00031]: 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 virture of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2))

[^f00032]: S.I. 1995/755 (N.I. 2)

[^f00033]: 1988 c. 1

[^f00034]: S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1989 Nos. 371 and 485, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71

[^f00035]: Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, S.I. 1994/1898 (N.I. 12)

[^f00036]: Section 64 modified by paragraph 19 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, c. 9

[^f00037]: Section 68 was amended by Article 11 of and paragraph 18 of Schedule 1, and Schedule 2 to S.I. 1994/1898 (N.I. 12) and by S.R. 1994 No. 370

[^f00038]: 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 and 1521, 1984/1154 and 1687, 1985/1201, 1986/592, 1987/165, 1988/248 and 2248, 1989/156, 1990/250 and 1308, 1991/766, 1992/710 and 3208, 1993/598, 1994/772 and 1906, 1995/766 and 1996/732 and 1638)

[^f00039]: 1992 c. 7; the scheme under section 122(1)(d) 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 Nos. 125, 260, 366 and 408, S.R. 1990 Nos. 33, 136, 137, 297, 305, 345, 398 and 442, S.R. 1991 Nos. 47, 176, 204, 337 and 520, S.R. 1992 Nos. 6, 35, 85, 141, 201, 284, 298, 404, 435, 444 and 549, S.R. 1993 Nos. 145, 149, 195, 218, 233, 373, 381 and 414, S.R. 1994 Nos. 65, 80, 88, 137, 266, 274 and 335, S.R. 1995 Nos. 64, 71, 101, 129, 223, 280, 367, 410, and 481, S.R. 1996 Nos. 11, 73, 84, 92, 93, 111, 115, 181, 221, 291, 334, 375, 405, 448, 476 and 662 and S.R. 1997 Nos. 3, 4, 22, 113, 123, 126, 127, 130, 152 and 170)

[^f00040]: 1992 c. 4; the scheme under Part VII is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017, S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564, S.I. 1991/235, 1175, 1599, 2695 and 2742, S.I. 1992/50, 201, 432, 1101, 1326, 1585, 2148 and 3147, S.I. 1993/317, 349, 518, 963, 1150, 1249, 1540 and 2118, S.I. 1994/470, 542, 578, 781, 1003, 1608, 1807, 1924, 2137, 2139 and 3061, S.I. 1995/511, 560, 625, 626, 1339 and 1742, S.I. 1995/1644, 2303, 2792, 2868 and 3282, S.I. 1996/30, 194, 462, 965, 1510, 1759, 1803, 1944, 2006, 2432, 2518, 2545 and 3195 and S.I. 1997/65, 454, 543, 584 and 582)

[^f00041]: 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. 1995/755 (N.I. 22)); the relevant Regulations are 1996/438

[^f00042]: O.J. No. L222, 8.8.86, p. 17

[^f00043]: O.J. No. L340, 29.12.94, p. 8

[^f00044]: O.J. No. L166, 25.6.87, p. 20

[^f00045]: O.J. No. L239, 16.8.89, p. 24

[^f00046]: S.I. 1990/1506 (N.I. 11) as amended by the Education Student Loans (Northern Ireland) Order 1996 (S.I. 1996/1918 (N.I. 15))

[^f00047]: 1973 c. 50; section 2 was substituted by the Employment Act 1988 (c. 79) s. 25(1); subsections 4 and 6 of section 2 were repeated by the Employment Act 1989 (c. 38), Schedule 7, Part I; “Career Development Loans” are made by banks to persons who are enrolled on eligible courses; they are made in pursuance of arrangements made by the Secretary of State for Education and Employment under section 2

[^f00048]: 1988 c. 1

[^f00049]: 1958 c. 23 (N.I.) as amended by 1969 c. 28 (N.I.)

[^f00050]: 1988 c. 1

[^f00051]: 1987 c. 16

[^f00052]: 1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

[^f00053]: Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c. 19) Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2

[^f00054]: 1978 c. 29; Section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19) section 28 and Schedule 9, paragraph 19(1)

[^f00055]: S.I. 1972/1265 (N.I. 14)

[^f00056]: S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8)