Education (Student Support) Regulations (Northern Ireland) 2000

• (5) Where an overpayment of loan is treated as properly made under paragraph (4) the Department may subtract the overpayment from the amount of loan for living costs under Part V for which the student is eligible in respect of any other academic year.

• (6) Where an overpayment of loan for living costs is recoverable in accordance with paragraph (4) it shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

• (a) by subtracting the overpayment from the amount of loan for which the student is eligible in respect of any other academic year;

• (b) where a student upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of loan for which he is eligible in respect of any academic year in connection with the second course;

• (c) by taking such other action for the recovery of a payment made without statutory authority as is available to it.

Part VIII — Support for Part-time Courses

Eligible part-time students

27

• (1) Subject to and in accordance with this Part a person shall be eligible for support in connection with his attendance at a designated part-time course if he is a person mentioned in Schedule 1.

• (2) A person shall not be eligible under this regulation if—

• (a) he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule;

• (b) there has been made to him or paid to him in relation to his attendance on the part-time course—

• (i) a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 63 of the Health Services and Public Health Act 1968 whether the amount of which is calculated by reference to his income or not; or

• (ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992;

• (c) there have been paid to him 6 loans in connection with his attendance at one or more designated part-time courses;

• (d) he is in breach of any obligation to repay any loan;

• (e) he has not ratified any agreement for a loan made with him when he was under the age of 18; or

• (f) he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive support.

• (3) For the purposes of paragraph 2(d) and (e) “loan” means a loan made under the Education (Student Loans) (Northern Ireland) Order 1990, the Order and regulations made thereunder, Education (Student Loans) Act 1990, the Teaching and Higher Education Act 1998 and regulations made thereunder, or the Education (Scotland) Act 1980 and regulations made thereunder.

• (4) Paragraph 2(e) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made—

• (a) before 25th September 1991, and

• (b) with the concurrence of the borrower’s curator, or at a time when he had no curator.

• (5) A person shall not be eligible for support for more than one designated part-time course at any one time.

• (6) Where a person who meets the requirements of this regulation is notified of that fact by the Department under regulation 31(6) he shall thenceforth be an “eligible part-time student” for the purposes of these Regulations.

Designated part-time courses

28

• (1) Subject to paragraph (3), a part-time course shall be designated for the purposes of Article 3(1) of the Order and regulation 27(1) if—

• (a) it is mentioned in Schedule 2;

• (b) it exceeds one academic year’s duration and does not exceed twice the period normally required to complete a full-time course leading to the same qualification;

• (c) it is wholly provided by an educational institution or institutions in the United Kingdom or the Republic of Ireland which are maintained or assisted by recurrent grants out of public funds or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

• (d) it is not designated by or under regulation 5.

• (2) Paragraphs (5) and (6) of regulation 5 shall apply for the purposes of paragraph (1) as they apply for the purposes of paragraph (1) of that regulation.

• (3) For the purposes of Article 3(1) of the Order and regulation 27(1) the Department may designate part-time courses of higher education which are not designated by paragraph (1).

Eligibility for loans for part-time courses

29

• (1) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for a loan if—

• (a) he is under the age of 50 on the first day of the first academic year of the course; or

• (b) he is aged 50 or over and under the age of 55 on that day, if the Department is satisfied that he intends to enter employment after he has completed his part-time course or such other higher education course which he intends to start attending immediately after completing his present course, disregarding any intervening vacation.

• (2) An eligible part-time student shall not be eligible for a loan if he holds a first degree from an educational institution in the United Kingdom or a comparable qualification from an educational institution outside the United Kingdom.

• (3) An eligible part-time student shall be eligible for a loan in respect of—

• (a) an academic year during which—

• (i) his course becomes a designated part-time course,

• (ii) he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1, or

• (b) any academic year which begins after the events referred to in paragraph (a)

but shall not be eligible for a loan in respect of any other academic year.

• (4) An eligible part-time student who is eligible for a loan in respect of an academic year in accordance with the preceding paragraphs shall be eligible for a loan in respect of that year if—

• (a) at the date of his application for the loan, he or his spouse is entitled under Part VII of the Social Security Contributions and Benefits Act (Northern Ireland) 1992[^f00040] to income support[^f00041], working families' tax credit[^f00042], disabled person’s tax credit[^f00043] or housing benefit[^f00044]; or

• (b) his financial resources for the preceding financial year do not exceed £13,000.

• (5) For the purposes of paragraphs (4) and (7) an eligible part-time student’s financial resources for a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of his application for the loan is his spouse.

• (6) In calculating an eligible part-time student’s income under this regulation there shall be disregarded—

• (a) £2,000 in respect of his spouse;

• (b) £2,000 in respect of the only or eldest child who is dependent on him or his spouse; and

• (c) £1,000 in respect of each other such child.

• (7) Where the Department is satisfied that an eligible part-time student’s financial resources in the current financial year are unlikely to, or do not, exceed £13,000, it may assess that student’s eligibility for a loan under this regulation by reference to those resources in the current financial year.

• (8) For the purposes of this regulation—

• “child”, “dependent” and “spouse” have the meanings given to those expressions in regulation 15(10) with the substitution for references to an eligible student of references to an eligible part-time student;

• “financial year” means the period of 12 months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

• “income” means gross income from all sources;

• “preceding financial year” means the most recent financial year ending before the first day of the academic year in respect of which a person’s eligibility for a loan is being assessed and “current financial year” means the financial year which includes the first day of that academic year.

Amount of loan

30

The amount of a loan for a designated part-time course in respect of each academic year shall be £500.

Applications for support

31

• (1) A person shall apply for support in respect of an academic year of a part-time course (other than a course for the initial training of teachers) by completing and submitting to the Department an application in such form as it may require; and regulation 6 shall not apply to him in connection with his attendance on that course.

• (2) The completed application form shall include among other things the following particulars—

• (a) his United Kingdom national insurance number, unless he does not have one;

• (b) his most recent student loan account number, if any; and

• (c) the names, addresses and telephone numbers of two persons who know the student.

• (3) The applicant shall sign a declaration on the application form that—

• (a) the particulars given in the application form are correct to the best of his knowledge and belief;

• (b) he will notify the Department (or if an Education and Library Board or any other person is exercising functions in relation to his application by virtue of a determination under Article 4(1)(a) or 4(3) of the Order he will notify that authority or person) of any change in them;

• (c) in the case of an application for a loan, he will repay the amount lent to him, together with interest and applicable charges and penalties, in accordance with the Order and regulations made thereunder from time to time; and

• (d) in the case of an application for a grant under regulation 32, he will if required to do so repay to the Department any amount paid to him which for whatever reason exceeds the amount of grant to which he is entitled under that regulation.

• (4) The application form must reach the Department not later than 6 months after the first day of the academic year of the course in which it is submitted, but where—

• (a) the course becomes a designated part-time course after the first day of that academic year, the application must reach the Department not later than 6 months after the date on which the course was designated;

• (b) the student, or his spouse or parent, is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of that academic year, the application must reach the Department not later than 6 months after the date of recognition or the date leave was granted respectively;

• (c) the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, the application must reach the Department not later than such date as it specifies.

• (5) An applicant shall demonstrate his eligibility for support by providing such evidence as the Department may require; and the Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is eligible for support.

• (6) If the Department considers that the applicant is eligible for the support for which he has applied under this Part it shall—

• (a) where the application is the first to be made in connection with the applicant’s attendance at the part-time course, notify him of the facts that he is an “eligible part-time student” and is eligible for the support for which he has applied; and

• (b) in respect of any subsequent application notify him that he is eligible for the support for which he has applied.

Grants for disabled part-time students' living costs

32

Regulation 13 shall apply in relation to an eligible part-time student in respect of his attendance at a designated part-time course as it applies in relation to an eligible student in respect of his attendance at a designated course with the substitution—

• (a) for the amount specified in regulation 13(2)(a) of £7,879; and

• (b) for the amount specified in regulation 13(2)(d) of £1,039.

Transfers of eligibility

33

• (1) An eligible part-time student may request the Department to transfer his eligibility in any case where—

• (a) on the recommendation of the academic authority the student starts to attend another part-time course at the institution;

• (b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the student starts to attend a part-time course at another institution; or

• (c) after commencing a part-time course for a first degree (other than an honours degree) the student is, before the completion of that course admitted to a part-time course for an honours degree in the same subject or subjects at the institution.

• (2) Subject to paragraph (3) the Department, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated part-time course, shall transfer the eligible part-time student’s eligibility, and thenceforth the student shall for all purposes be an eligible part-time student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 31.

• (3) The Department may, after consulting the academic authority concerned, refuse to transfer eligibility where paragraph (1)(a) or (b) applies if it is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

• (4) An eligible part-time student’s eligibility as such may not be transferred after it has expired or been terminated under regulation 35.

Conversion of eligibility

34

• (1) An eligible student under Part II may request the Department to convert his eligibility to that of an eligible part-time student in any case where—

• (a) with the consent of the academic authority the eligible student ceases to attend his course and starts to attend a designated part-time course at the institution; or

• (b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible student ceases to attend his course and starts to attend a designated part-time course at another institution.

• (2) Subject to paragraphs (3) and (4) the Department, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated part-time course, shall convert the eligible student’s eligibility, and thenceforth the student shall for all purposes cease to be an eligible student and shall be an eligible part-time student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 31.

• (3) The Department shall not under paragraph (2) convert the eligibility of a student who is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.

• (4) The Department may, after consulting the academic authority concerned, refuse to convert eligibility where paragraph (1)(a) or (b) applies if he is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

• (5) An eligible student’s eligibility as such may not be converted after it has expired or been terminated under regulation 35.

• (6) Where under this regulation an eligible student under Part II becomes an eligible part-time student in the course of an academic year—

• (a) where the Department has determined to pay an amount of grant to the student under regulation 13 in periodic instalments no payment in respect of that amount of grant shall be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

• (b) the maximum amount of grant to which the student would, apart from this regulation, be entitled to under regulation 32 in connection with his attendance at a designated part-time course in respect of that academic year shall be reduced by one third, where the student became an eligible part-time student during the second quarter of the academic year, and by two thirds where he became such a student in a later quarter of that year;

• (c) where an amount of grant for any purpose has been paid to the student under regulation 13 in a single instalment the maximum amount of grant payable to him under regulation 32 for that purpose shall be reduced (or where sub-paragraph (b) applies further reduced) by the amount of grant paid to him for that purpose under regulation 13, and where the resulting amount is nil or a negative amount that amount shall be nil; and

• (d) where immediately before he became an eligible part-time student he was eligible to apply, but had not applied, for a loan for living costs in respect of that year under regulation 20, without prejudice to regulation 29 he may apply for such a loan in accordance with regulation 20 as if he had continued to be an eligible student under Part II; and in the circumstances mentioned in paragraph (7) the maximum amount of such loan for the academic year shall be reduced in accordance with that paragraph.

• (7) Where the application is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount of loan shall be reduced by two thirds, and where the application is made during the second quarter of that year the maximum amount of loan shall be reduced by one third.

• (8) An eligible part-time student may request the Department to convert his eligibility to that of an eligible student under Part II in any case where—

• (a) with the consent of the academic authority the eligible part-time student ceases to attend his course and starts to attend a course designated by or under regulation 5 at the institution; or

• (b) with the written consent of the academic authorities of both institutions concerned, given on educational grounds, the eligible part-time student ceases to attend his course and starts to attend a course designated by or under regulation 5 at another institution.

• (9) Subject to paragraph (10) the Department, on being satisfied of the matters referred to in paragraph (8) and that the second course is a designated course, shall convert the eligible part-time student’s eligibility, and thenceforth the student shall for all purposes cease to be an eligible part-time student and shall be an eligible student in connection with his attendance at the second course, whether or not he may have been so eligible if he had applied under regulation 6.

• (10) The Department may, after consulting the academic authority concerned, refuse to convert eligibility where paragraph (8)(a) or (b) applies if it is satisfied that when the student applied for support he did not intend to complete the course to which his application related.

• (11) An eligible part-time student’s eligibility as such may not be converted after it has expired or been terminated under regulation 35.

• (12) Where under this regulation an eligible part-time student becomes an eligible student under Part II in the course of an academic year—

• (a) where the Department has determined to pay an amount of grant to the student under regulation 32 in periodic instalments no payment in respect of that amount of grant shall be made in respect of any instalment period beginning after the date on which the student became an eligible student;

• (b) any loan to which the student is entitled under this Part in respect of that year shall be ignored in determining the amount of support to which he may be entitled in respect of that year under Parts III to V;

• (c) the maximum amount of any support under Part IV or V to which the student would, apart from this regulation, be entitled in connection with his attendance at a designated course in respect of that academic year shall be reduced by one third, where the student became an eligible student during the second quarter of the academic year, and by two thirds where he became such a student in a later quarter of that year; and

• (d) where an amount of grant for any purpose has been paid to the student under regulation 32 in a single instalment the maximum amount of grant payable to him under regulation 13 for that purpose shall be reduced (or where sub-paragraph (c) applies further reduced) by the amount of grant paid to him for that purpose under regulation 32, and where the resulting amount is nil or a negative amount that amount shall be nil.

Termination of eligibility

35

• (1) Subject to the following paragraphs an eligible part-time student shall cease to be eligible for support at the end of the academic year in which he completes his course.

• (2) Where an eligible part-time student has withdrawn from a course in circumstances where the Department has not transferred or converted, or will not transfer or convert, his eligibility under regulation 33 or 34, or has abandoned, ceased to attend or been expelled from his course, the Department shall determine that he is no longer eligible to receive support under this Part and on such determination he shall cease to be an eligible part-time student.

• (3) Where an eligible part-time student has shown himself by his conduct to be unfitted to receive support under this Part the Department may determine that he is no longer eligible to receive such support and on such determination he shall cease to be an eligible part-time student.

Payment of support

36

• (1) The Department shall pay a loan under this Part in a single instalment at such time as it considers appropriate.

• (2) The Department shall pay grant under regulation 32 in such instalments (if any) and at such times as it considers appropriate.

• (3) Payments shall be made in such manner as the Department considers appropriate, and it may make it a condition of entitlement to payment that the eligible part-time student shall provide it with particulars of a bank or building society account in the United Kingdom into which payment may be made by electronic transfer.

Overpayments

37

• (1) Any overpayment of a loan under this Part in respect of any academic year may be recovered if in the opinion of the Department—

• (a) the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility for a loan under this Part, or

• (b) any information which he has provided is inaccurate in a material particular,

but otherwise it shall be treated as a loan properly made which shall be repayable in accordance with the Order and regulations made under it.

• (2) Where an overpayment of loan is treated as properly made under paragraph (1) the Department may subtract the overpayment from the amount of loan under this Part for which the student is eligible in respect of any other academic year.

• (3) Where an overpayment of loan is recoverable in accordance with paragraph (1) it shall be recovered in such of the following ways as the Department considers appropriate in all the circumstances—

• (a) by subtracting the overpayment from the amount of loan under this Part for which the student is eligible in respect of any other academic year;

• (b) by taking such other action for the recovery of a payment made without statutory authority as is available to it.

• (4) Any overpayment of grant paid under regulation 32 in respect of an academic year shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

• (a) by subtracting the overpayment from any grant for which the student is eligible under regulation 32 in respect of any other academic year;

• (b) by subtracting the overpayment from any grant other than a grant for dependants for which the student is eligible under Part IV;

• (c) by taking such other action for the recovery of a payment made without statutory authority as is available to it.

Part IX — Interest and Insolvency

Interest

38

• (1) Subject to paragraph (2) loans shall bear interest at the rate which in relation to a loan made under these Regulations on or after 1st September 2000 will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980[^f00045] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 1999 and that index so published for March 2000.

• (2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974[^f00046] loans shall bear interest at the rate so specified.

• (3) Interest shall be calculated on the principal outstanding daily, and shall be added to the principal monthly.

• (4) The index of prices which the Department is required by Article 3(8) of the Order to have regard to in prescribing the rate of interest which loans shall bear shall be the retail prices all items index mentioned in paragraph (1).

Insolvency

39

• (1) In Northern Ireland there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989[^f00047] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.

• (2) In England and Wales there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986[^f00048] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.

SCHEDULE 1 — Eligible Students

1

A person who on the first day of the first academic year of the course—

• (a) is settled in the United Kingdom within the meaning of the Immigration Act 1971[^f00049], and

• (b) meets the residence conditions referred to in paragraph 8.

2

A person who is a refugee, ordinarily resident in the United Kingdom and the Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee, in each case who meets the residence condition in paragraph 8(a).

3

A person who—

• (a)

• (i) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, or

• (ii) before 1st July 1993 applied to the Secretary of State for the Home Department for recognition as a refugee and who has been informed by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow him to enter or remain in the United Kingdom,

• (b) has been granted leave to enter or to remain accordingly, and

• (c) has been ordinarily resident in the United Kingdom and the Islands throughout the period since he was granted leave to enter or remain,

or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse, child or stepchild meets the residence conditions referred to in paragraph 8.

4

A person who is an EEA migrant worker who—

• (a) is entitled to support by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement[^f00050], or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3); and

• (b) meets the residence conditions referred to in paragraph 8.

5

A person who is the spouse of an EEA migrant worker and who—

• (a) is installed in the United Kingdom with his spouse, and

• (b) meets the residence conditions referred to in paragraph 8.

6

• (1) A person who is the child of an EEA migrant worker and who—

• (a) is entitled to support by virtue of Article 12 of the above mentioned Council Regulation, or, where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12, and

• (b) meets the residence conditions referred to in paragraph 8.

• (2) For the purposes of this paragraph “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.

7

A person who is a national of a member State of the European Community or the child of such a national—

• (a) whose course is provided by an institution or institutions in Northern Ireland, or by an institution or institutions in Northern Ireland in conjunction with an institution or institutions outside the United Kingdom, and

• (b) who meets the residence conditions referred to in paragraph 8(b) and (c).

8

The residence conditions referred to above are that—

• (a) the person is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

• (b) the person has been ordinarily resident throughout the three year period preceding the first day of the first academic year of the course, in the case of a person mentioned in paragraphs 1 or 3, in the United Kingdom and the Islands, or, in the case of a person mentioned in paragraphs 4, 5, 6 or 7, in the European Economic Area; and

• (c) his residence in the United Kingdom and the Islands, or in the European Economic Area, as the case may be, has not during any part of the period referred to in sub-paragraph (b) been wholly or mainly for the purpose of receiving full-time education.

SCHEDULE 2 — Designated Courses

1

A first degree course other than a course referred to in paragraph 4.

2

A course for the Diploma of Higher Education.

3

A course for the Higher National Diploma or Higher National Certificate of—

• (a) the Business & Technician Education Council; or

• (b) the Scottish Qualification Authority.

4

A course for the initial training of teachers, including such a course leading to a first degree.

5

A course for the further training of teachers or youth and community workers.

6

A course in preparation for a professional examination of a standard higher than that of—

• (a) examinations at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

• (b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

7

A course providing education (whether or not in preparation for an examination) the standard of which is—

• (a) higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph (6)(a) or (b) above; but

• (b) not higher than that of a first degree course,

and for entry to which a first degree (or equivalent qualification) is not normally required.

SCHEDULE 3 — Financial Assessment

Part I — Student’s Income

Calculation of student’s income

1

• (1) In calculating an eligible student’s income for the purposes of regulation 22 there shall be taken into account his income (reduced by income tax and social security contributions) from all sources, and any payment referred to in head (b), whether or not it is income, but there shall be disregarded the following—

• (a) in a case not covered by paragraph (v), the first £840 of income of any description, or where the eligible student is a lone parent, the first £1,825 of income of any description, in each case other than any sum treated as income under sub-paragraph (6);

• (b) the first £1,025 of any payment by way of—

• (i) scholarship, studentship, exhibition, bursary, award, grant, allowance or benefit however described payable in connection with the student’s attendance on the course, otherwise than under the Order and regulations made under it; and

• (ii) in the case of a student in gainful employment, 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 course for the initial training of teachers referred to in paragraph 4 of Schedule 2 during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks, any payments by way of remuneration shall be disregarded;

• (c) any payment under a bursary or award of similar description made to him under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 63 of the Health Services and Public Health Act 1968;

• (d) any grant to facilitate teacher training paid to the eligible student under regulations made under section 50(1) of the Education (No. 2) Act 1986;

• (e) in the case of an eligible student for whose benefit any income is applied or any payments are required to be applied as described in paragraph 5(5), the whole of that income or those payments if a parental contribution ascertained in accordance with Part II or a spouse’s contribution ascertained in accordance with Part III is applicable (at whatever amount including nil that contribution is ascertained to be);

• (f) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the eligible student is subject and any war widow’s or war widower’s pension;

• (g) any bounty received as a reservist with the armed forces or in the Royal Irish Regiment or in the Royal Ulster Constabulary Reserve;

• (h) remuneration for work done during the academic year of the eligible student’s course;

• (i) in the case of an eligible student in whose case a parental contribution is by virtue of Part II of this Schedule applicable (at whatever amount, including nil, that contribution is ascertained to be) any payment which is made under covenant by a parent by reference to whose income that contribution falls to be ascertained;

• (j) any payments made for a specific educational purpose otherwise than to meet such fees as are mentioned in Part III and living costs as are mentioned in Parts IV and V;

• (k) child benefit;

• (l) any allowance payable to the eligible student by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987[^f00051];

• (m) any guardian’s allowance to which he is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• (n) in the case of an eligible student with whom a child in the care of a local authority is boarded out, any payment made to him in pursuance of Article 27(2)(a) of the Children’s (Northern Ireland) Order 1995;

• (o) any payments made to the eligible student in pursuance of 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 or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 35 and 36 of that Order;

• (p) income support or family credit or Working Families' Tax Credit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; or any transitional addition, personal expenses addition or special transitional addition payable under Part III of the Income Support (Transitional) Regulations (Northern Ireland) 1987[^f00052];

• (q) any housing benefit granted to the eligible student in pursuance of a statutory or local scheme under section 122(1)(d) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00053] or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00054];

• (r) in a case not covered by paragraph (v), the first £3,185 of any pension, allowance or other benefit payable by reason of the eligible student’s old age, his retirement, the death of his spouse or parent or another person on whom he was wholly or mainly financially dependent, or by reason of his military or other public service;

• (s) any payments made to the eligible student under the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00055], the European Community programme for foreign language competence known as LINGUA[^f00056] or the European Community programme known as LEONARDO DA VINCI[^f00057];

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

• (u) any payments made to the eligible student for the maintenance of his child by virtue of any agreement, instrument or enactment;

• (v) where a parental contribution does not apply because the eligible student falls within paragraph 3(1) of this Schedule and a spouse’s contribution does not apply under Part III of this Schedule, the first £7,500 of income of any description, other than any sum treated as income under sub-paragraph (6).

• (2) Where income may be disregarded under more than one of the sub-paragraphs of paragraph (1) it shall be disregarded under the sub-paragraph or sub-paragraphs which will result in the largest amount of the eligible student’s income from all sources being disregarded under paragraph (1).

• (3) Where an eligible student is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph and his income arises from sources or under legislation different from sources or legislation normally relevant to a person mentioned in paragraph 1 of Schedule 1 his income shall not be disregarded in accordance with paragraph (1) but shall be disregarded to the extent necessary to ensure that he is treated no less favourably than a person in similar circumstances in receipt of similar income who is mentioned in Schedule 1 would be treated.

• (4) Where an eligible student makes any payment for the maintenance of his child or former spouse or person who lived with him as his spouse by virtue of any agreement, instrument or enactment, the amount of such payment shall be deducted in calculating his income for the purposes aforesaid.

• (5) In the case of an eligible 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 aforesaid there shall be deducted therefrom—

• (a) if, in the opinion of the Department, 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 student who has a spouse who is a dependant for the purpose of regulation 15 and, under regulation 15(12) the payment is taken into account in determining the spouse’s income.

• (6) In a case where the eligible student is the parent or step-parent of an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule or of a child who holds an award in respect of which a parental contribution is applicable, so much of the amount (if any) by which the contribution is reduced under paragraph 4(3) as the Department considers just shall be treated as part of the eligible student’s income for the purposes of this regulation.

• (7) Where the eligible student is a lone parent having one or more dependent children under the age of 19 within the meaning of regulation 15 he may elect to be ineligible for grant under that regulation and to have disregarded in calculating his income under this regulation £2,440 in respect of his only or eldest such child and £770 in respect of every other such child.

• (8) Where the eligible student receives income in a currency other than sterling the value of the income shall be—

• (a) if the student purchases sterling with the income the amount of sterling the student receives for it; and

• (b) otherwise the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics in “Financial Statistics”.

Part II — Parental Contribution

Definitions and construction of Part II

2

• (1) In this Part of this Schedule—

• “child” includes 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;

• “financial year” means the period of 12 months for which the income of the eligible student’s parent is computed for the purposes of the income tax legislation which applies to it;

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

• “income of the student’s parent” means the taxable income of the parent from all sources computed as for the purposes of the Income Tax Acts or as for the purposes of the income tax legislation of another member State of the European Community which applies to the parent’s income, or where the legislation of more than one member State applies in respect of the same period, as for the purposes of the legislation pursuant to which the Department considers that the parent will pay the largest amount of tax in that period, 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.

• (2) Where, in a case not falling within paragraph 5(3) or (4), the Department 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 per cent of his income in the financial year preceding that year, he may, for the purpose of enabling the eligible 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 eligible student’s parent satisfies the Department that his income is wholly or mainly derived from the profits of a business or profession carried on by him, then, if the Department and the parent so agree, any reference in this Part of this Schedule to a financial year shall be construed as a reference to a year ending with such date as appears to the Department 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 taxable income by reason only that—

• (a) he is not resident, ordinarily resident or domiciled in the United Kingdom, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State of the European Community, not so resident, ordinarily resident or domiciled in that member State;

• (b) the income does not arise in the United Kingdom, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, does not arise in that member State; or

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

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

• (5) Where the income of the eligible student’s parent is computed as for the purposes of the income tax legislation of another member State —

• (a) it shall be computed in the currency of that member State;

• (b) the value of any deduction mentioned in paragraph 6(2) shall be the amount of that currency required to purchase the sterling value of the deduction; and

• (c) the value of the sterling which the income of the eligible student’s parent in that currency would purchase shall be determined, and shall constitute the income of the student’s parent for the purposes of this Part.

• (6) The rate applied in determining the sterling value of another currency under sub-paragraph (5) shall be the rate for the month in which the last day of the financial year in question falls published by the Office for National Statistics in “Financial Statistics”.

Application of Part II

3

• (1) A parental contribution ascertained in accordance with this Part shall be applicable in the case of every eligible student except where—

• (a) he is aged 25 or over on the first day of the academic year in respect of which the contribution is applicable;

• (b) he has supported himself out of his earnings for periods before the first academic year of the course aggregating not less than three years;

• (c) he has been married for at least two years before the beginning of the academic year in respect of which the contribution is applicable, whether or not the marriage is still subsisting;

• (d) he has no parent living;

• (e) the Department is satisfied that his parents cannot be found or that it is not reasonably practicable to get in touch with them;

• (f) he is irreconcilably estranged from his parents;

• (g) he has pursuant to an order of a competent court been in the custody or care of or has been provided with accommodation by—

• (i) a state authority or agency, national, regional or local,

• (ii) a voluntary or charitable organisation, or

• (iii) any person who is not the student’s parent,

throughout any three month period ending on a date on or after the date on which he attains the age of 16 and before the first day of his course; provided that he has not at any time from the beginning of the three month period to the first day of his course in fact been under the charge or control of his parents;

• (h) his parents are residing outside the European Community and the Department is satisfied either that—

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

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

• (i) paragraph 5(7) applies and the parent whom the Department considered the more appropriate for the purposes of that sub-paragraph has died;

• (j) he is a member of a religious order who resides in a house of his order.

• (2) For the purposes of sub-paragraph (1)(b) an eligible student shall be treated as having supported himself out of his earnings for any period or periods for which—

• (a) he was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, national, regional or local;

• (b) the student was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;

• (c) the student was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) or (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit;

• (d) the student held a State Studentship or comparable award;

• (e) the student received any pension, allowance or other benefit paid by reason of a disability to which he is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person; or

• (f) the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was wholly or mainly financially dependent upon him.

• (3) For the purposes of sub-paragraph (1)(f) an eligible student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has communicated with neither of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.

Parental contribution

4

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

• (a) in any case in which the residual income is £17,805 or more but less than £22,755, £45 with the addition of £1 for every complete £13 by which it exceeds £17,805;

• (b) in any case in which the residual income is £22,755 or more but less than £33,450, £425 with the addition of £1 for every complete £9.20 by which it exceeds £22,755; and

• (c) in any case in which the residual income is £33,450 or more, £1,587 with the addition of £1 for every complete £7·50 by which it exceeds £33,450,

reduced in each case in respect of each child of the parent (other than the student) who is wholly or mainly financially dependent on him on the first day of the year for which the contribution falls to be ascertained, by £77; and in any case in which the residual income is less than £17,805 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 in no case exceed £6,437.

• (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 eligible student shall be such proportion of any contribution ascertained in accordance with this Part as the Department (after consultation with any other authority involved) 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.

Gross income

5

• (1) For the purposes of this paragraph “preceding financial year” means the financial year preceding the academic year in respect of which the resources of the eligible student fall to be assessed and “current financial year” means the financial year which includes the first day of the academic 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 less than five months before the beginning of an academic year of the eligible student’s course, “preceding financial year” shall mean the financial year last ending five or more months before the academic year in respect of which the resources of the eligible student fall to be assessed and “current financial year” shall mean the financial year ending 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 the financial year there mentioned.

• (3) Where the Department is satisfied that the sterling value of the income of the student’s parent in the current financial year is likely to be not more than 85 per cent of the sterling value 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 academic year in respect of which the eligible student’s resources fall to be assessed and, if the Department 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—

• (a) one of the eligible student’s parents dies either before or during the year in respect of which the resources of the student fall to be ascertained (“the relevant year”); and

• (b) that parent’s income has been or would be taken into account for the purpose of determining the parental contribution,

the parental contribution shall—

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

• (d) where the parent dies during the relevant 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 relevant year during which both parents were alive bears to the full year; 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 relevant year remaining after the parent dies bears to the full year.

• (5) Without prejudice to sub-paragraph (6), where, in pursuance of any trust deed or other instrument or by virtue of any applicable legislation any income is applied by any person for or towards the maintenance, education or other benefit of the eligible 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 such benefit as is mentioned in paragraph l(l)(b)(i) of Part I of this Schedule is provided, by reason of the parent’s employment, for any member of his family or household who is an eligible student (whether the student or some other such member) then that benefit shall not be treated as part of the gross income of the parent.

• (7) Where the parents do not ordinarily live together throughout the year in respect of which the resources of the eligible student fall to be ascertained (“the relevant year”), the parental contribution shall be determined by reference to the income of whichever parent the Department considers the more appropriate in the circumstances.

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

• (a) the appropriate proportion of the contribution determined as provided in sub-paragraph (7), that is to say such proportion thereof as the part of the relevant year for which the parents do not so live together bears to the full year; and

• (b) the appropriate proportion of the contribution determined without regard to this sub-paragraph, that is to say, such proportion thereof as the part of the relevant year for which the parents so live together bears to the full year.

• (9) Where one of the eligible student’s parents is his step-parent the parental contribution shall be ascertained by reference only to the income of the other parent.

Deductions

6

• (1) For the purposes of determining the income of a student’s parent (and, accordingly, the parent’s gross income), in computing his taxable income as for the purposes of the Income Tax Acts or for the purposes of the income tax legislation of another member State of the European Community any deductions which fall to be made or exemptions which are permitted—

• (a) by way of personal reliefs provided for in Chapter I of Part VII of the Income and Corporation Taxes Act 1988[^f00058], or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, any comparable personal reliefs;

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

• (c) in pursuance of any legislation or rule of law with the effect that payments which for the purposes of the law of the United Kingdom are treated as income are not treated as income; or

• (d) without prejudice as aforesaid, of a kind mentioned in sub-paragraph (2), shall not be made or permitted.

• (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 eligible student, wholly or mainly financially dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,250 exceeds the income of that person in that year;

• (b) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life insurance) in respect of which relief is given under section 266, 273, 619 or 639 of the Income and Corporation Taxes Act 1988, or where the parent’s income is computed as for the purposes of the income tax legislation of another member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (c) where the parents ordinarily live together and one of them is incapacitated, or where the parent ordinarily lives with a person who is not the other parent of the eligible student, but that person is the husband or wife of the parent or lives with the parent as the parent’s husband or wife, and one of them is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,765, if the other parent or person described in this sub-paragraph is wholly or mainly financially dependent on the parent during the year for which the contribution falls to be ascertained;

• (d) where the parent does not ordinarily live with the other parent or with another person as husband or wife or who is their husband or wife, and the parent is incapacitated, so much of the cost in wages of domestic assistance as does not exceed £1,765;

• (e) 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 Department considers reasonable in all the circumstances;

• (f) in the case of a parent who is an eligible student or who holds a statutory award, £910;

• (g) any payments made to the parent of the student in pursuance of an order of a competent court for the benefit of a child who is not his child of whom he has custody or care or for whom he provides accommodation;

• (h) where the parent’s income is computed as for the purposes of the income tax legislation of another member State, sums equivalent to any amounts which would not be treated as taxable income if that legislation made provision equivalent to the Income Tax Acts.

• (3) In any case where income is computed as for the purposes of the Income Tax Acts by virtue of paragraph 2(4), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in sub-paragraph (2)(b), 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 taxable income for the purposes of the Income Tax Acts.

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 or, if he falls within paragraph 3(1)(a) and the first academic year of his course begins on or after 1st September 2000, ordinarily living with a woman as his wife, and every woman student ordinarily living with her husband or, if she falls within paragraph 3(1)(a) and the first academic year of her course begins on or after 1st September 2000, ordinarily living with a man as her husband, except—

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

• (b) an eligible student whose child holds an award in respect of which a parental contribution is applicable or whose child is an eligible student in respect of whom a contribution is ascertained under Part II of this Schedule.

Spouse’s contribution

8

• (1) Subject to sub-paragraphs (3) and (4), Part II above, except paragraphs 3, 4(1), (2), (3)(a) and (c), 5(4), (7), (8) and (9), and 6(2)(d), shall 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, except where the context otherwise requires, as references to the eligible student’s spouse within the meaning of paragraph 7 and, unless the context otherwise requires, 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 £15,070 or more but less than £22,755, £45 with the addition of £1 for every complete £9·80 by which it exceeds £15,070;

• (b) in any case in which the residual income is £22,755 or more but less than £33,450, £829 with the addition of £1 for every complete £7·05 by which it exceeds £22,755; and

• (c) in any case in which the residual income is £33,450 or more, £2,346 with the addition of £1 for every complete £5·60 by which it exceeds £33,450;

reduced in any such case by £77 in respect of each child of the eligible 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 £15,070 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall in no case exceed £6,437.

• (3) This sub-paragraph applies if the eligible student marries or starts living with a person as their husband or wife within the meaning of paragraph 7 during any academic 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 or their starting to live together and whichever is the earlier of the end of that year and the end of the course.

• (4) This sub-paragraph applies if the eligible student’s marriage terminates or if the student ceases living with a person as their husband or wife within the meaning of paragraph 7 during any academic 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 beginning of that year and the termination of the marriage or their ceasing to live together.

• (5) In accordance with the provisions of this Part, more than one contribution may be applicable in any academic year.

Signed

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 19th May 2000.

Robson Davison — A senior officer of the — Department of Higher and Further Education, Training and Employment

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 20th May 2000, provide for support for students attending higher education courses in respect of academic years beginning on or after 1st September 2000.

While the text of the Regulations do not repeat exactly the provision made in England and Wales, the Regulations maintain parity with provision of support for Northern Ireland students with their English and Welsh counterparts. Changes of substance made by these Regulations other than the changes in the rates of fees, grants and loans are described below.

A number of minor changes are made. The definitions of “high cost country”, “higher cost country” and “Metropolitan Police District” are amended in regulation 2(1) and a definition of “grant-aided school” is introduced. Regulation 2(3) is amended so as to provide expressly that members of the armed forces are treated as falling within the temporary employment abroad exemption from the residence conditions in paragraph 8 of Schedule 1 to the Regulations.

Regulation 4(5) prohibits a student in respect of whom the first academic year of the course begins on or after 1st September 2000 from receiving support at any one time for more than one designated course or for a designated course and a designated part-time course. The definition of a full-time course is removed. Regulation 6(2) is amended so that a student who has not applied for support in respect of his attendance at a designated course in the first academic year of his course now has the opportunity to do so in a subsequent academic year. The requirement for the production of specified documents is removed, but the student much provide such evidence as the Department may require under regulation 6(3).

The student’s eligibility in respect of grants and loans for living costs, and in respect of grants for fees for repeat study for which the student remains eligible under regulation 10(8), now terminates at the end of the academic year in which the student completes the course (regulation 8(1)). There are minor amendments (in regulation 10(4)) to the exceptions to the provision that a student is not generally eligible for support where he has previously attended a publicly funded full-time course at an institution in the United Kingdom or Republic of Ireland. Regulation 10(9) is amended to clarify the support for which a student is eligible where his eligibility has been transferred more than once under regulation 7(1)(a) or (b). A different rate of support for fees is paid to institutions which are not maintained or assisted out of public funds and regulation 11 is amended to make clear that this applies in all circumstances other than in the case of designated courses at the 4 institutions specified in regulation 11(2). A new rate of fees is set for courses at the Colleges of Theology in Belfast in line with the rate set for courses at institutions which are neither maintained nor assisted out of public funds. The definition of “spouse” is amended at regulation 15(10) in respect of dependants' grants to include a person of the opposite sex ordinarily living with the student as his spouse.

A new grant is available under regulation 16 for a student who is entitled to receive a dependant’s grant in respect of a dependent child. The student is eligible for a grant as specified in regulation 16(2) if the child attends a school in respect of which grants are made under the 1986 Order. The student is not eligible for the grant if the dependent child already receives a school meal free of charge under arrangements approved by the Department of Education (regulation 16(3)).

A new provision has been included to preclude students who are in receipt of funding from the Department to take part in a management development programme, from accessing loans (regulation 18 (2)).

Where a student applies for less than his maximum loan entitlement, he may now apply more than once to borrow an additional amount, which shall not exceed the relevant maximum applicable in his case (regulation 20(7)). At regulation 23 the application of the student’s contribution is amended and provision is included to apply the student’s contribution to fees payable where the student repeats study or transfers to another course at a higher education institution in the Republic of Ireland (regulation 10(8) or (9)).

In calculating an eligible student’s income for the purposes of determining his contribution, payments made to him for the maintenance of his child are to be disregarded (paragraph 1(1)(u) of Schedule 3). Where neither a parental contribution under paragraph 3(1) of Schedule 3, nor a spouse’s contribution under Part III of Schedule 3, applies in respect of the student, a new income disregard is applied under paragraph 1(1)(v) of Schedule 3, in place of the disregards that otherwise apply under paragraphs 1(1)(a) and 1(1)(r). There are other minor amendments to the calculation of the student’s income under paragraph 1. Payments for the maintenance of an eligible student’s child or former spouse or person who lived with him as his spouse are to be deducted in calculating the student’s income (paragraph 1(4) of Schedule 3). The determination of the contribution for an eligible student, parent or spouse pursuant to regulation 22 and Schedule 3 is now termed the financial assessment.

The provision on the deductions to be made from a parent’s gross income for the purpose of determining his residual income is amended (paragraph 6(2) of Schedule 3). The provisions for determining the spouse’s contribution are amended for a student in respect of whom the first academic year of the course begins on or after 1st September 2000 and who is aged 25 or over on the first day of the academic year in respect of which the contribution applies. The spouse’s contribution in this case now also applies in respect of a person of the opposite sex ordinarily living with the student as his spouse (Part III of Schedule 3).

A new Part VIII is introduced, making provision for the support of students attending part-time higher education courses which are designated by or under regulation 28. The general criteria for eligibility for such support, which are broadly similar to those for support for full-time study, are set out in regulation 27.

Part-time students, whose financial resources (his and his spouse’s gross income, disregarding £2,000 in respect of his spouse, £2,000 in respect of his only or eldest child and £1,000 in respect of each other child) do not exceed £13,000 or who are entitled to any of the benefits set out in regulation 29(4)(a) and who meet the additional eligibility requirements in regulation 29(1) and (2) are eligible for a loan of £500 in respect of each academic year of the course.

Disabled part-time students are eligible for grant to meet the additional cost of attendance on their courses by reason of their disability on the same basis as full-time students, save that the maximum amount of grant for a non-medical personal helper is reduced to £7,879, and the maximum amount of additional grant is reduced to £1,039 (regulation 32).

Part-time students have six months from the beginning of the academic year in which to apply for support (regulation 31) and may apply to transfer their eligibility to another part-time course on the same basis on which full-time students may transfer their eligibility (regulation 33).

Provision is also made for the conversion of eligibility for support for a full-time course to support for a part-time course and vice versa (regulation 34). Where a full-time student converts to part-time status in the course of an academic year, and the student has not at that time applied for a loan for living costs under Part V, provision is made for the student to continue to be able to do so in respect of the period before he became a part-time student. Provision is also made to reduce the maximum amount of grant for a disabled part-time student for the period during which he is studying part-time (regulation 34(6)). Where a part-time student becomes a full-time student in the course of an academic year, provision is made to reduce the maximum amount of support to which he is entitled for the period during which he is a full-time student (regulation 34(12)).

A part-time student’s eligibility terminates at the end of the academic year in which he completes his course or where he abandons, ceases to attend or is expelled from his course or the Department determines that by reason of his conduct he is unfit to continue to receive support (regulation 35). Loans are to be paid in one instalment but otherwise support may be paid at such times and in such manner as the Department decides (regulation 36). Without prejudice to the Department’s power to take action to recover overpayments through the courts, overpayments of loans for part-time study may be subtracted from payments of such loans in respect of any other academic year and overpayments of disabled person’s grant may be subtracted from such grants in respect of other academic years or, where the student converts to full-time status, from other grants, except grants for dependants, under Part IV (regulation 37).

Footnotes

[^f00001]: S.I. 1998/1760 (N.I. 14); see Article 2(2) of S.I. 1986/594 (N.I. 3), as read with Article 2(4) of S.I. 1998/1760 (N.I. 14) for the definitions of “prescribed”, “regulations” and “the Department”

[^f00002]: S.R. 1999 No. 481 Article 5(b) and Schedule 3 Part II

[^f00003]: S.I. 1986/594 (N.I. 3)

[^f00004]: S.R. 1998 No. 298

[^f00005]: S.R. 1999 No. 192, as amended by S.R. 1999 No. 370

[^f00006]: S.R. 1999 No. 351, as amended by S.R. 1999 No. 369

[^f00007]: 1992 c. 7, as amended by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 3 to 5, 7, 8, 10 to 12 and Schedules 1 and 2

[^f00008]: S.R. 1987 No. 459 (see Parts III and IV of Schedule 2), the relevant amending regulations are S.R. 1988 Nos. 146 and 431, S.R. 1989 No. 395, S.R. 1990 No. 387, S.R. 1992 No. 6, S.R. 1993 Nos. 218 and 373, S.R. 1994 Nos. 327 and 474, S.R. 1995 Nos. 67, 86 and 367 and S.R. 1997 No. 113

[^f00009]: Cmnd. 2073

[^f00010]: Cmnd. 2183

[^f00011]: 1963 c. 33; section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11

[^f00012]: 1999 c. 29

[^f00013]: S.R. 1998 No. 273

[^f00014]: Cmnd. 9171

[^f00015]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from the Student Support Branch, Department of Higher and Further Education, Training and Employment)

[^f00016]: S.R. 1996 No. 578

[^f00017]: S.I. 1990/1506 (N.I. 11) as amended by S.I. 1996/1274 (N.I. 1) Article 43 and Schedule 5 Part II; S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6

[^f00018]: 1998 c. 30

[^f00019]: 1990 c. 6, amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3

[^f00020]: 1980 c. 44; amended by the Teaching and Higher Education Act 1988 (c. 30), section 29

[^f00021]: 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, and by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12

[^f00022]: O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 457)

[^f00023]: S.R. 1999 No. 370

[^f00024]: S.R. 2000 No. 175

[^f00025]: S.I. 1972/1265 (N.I. 14)

[^f00026]: 1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), 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, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales)(Consequential Amendments)(No. 2) Order 1996 (S.I.1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4)

[^f00027]: S.I. 1992/580

[^f00028]: 1992 c. 13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act (c. 30)

[^f00029]: 1988 c. 40

[^f00030]: S.I. 1996/1754, amended by S.I. 1997/1049

[^f00031]: ERASMUS is part of the European Community Action Programme SOCRATES, O.J. No. L87, 20.4.95, p. 10

[^f00032]: S.I. 1999/2263

[^f00033]: 1992 c. 13

[^f00034]: S.I. 1972/1265 (N.I. 14)

[^f00035]: 1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

[^f00036]: 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

[^f00037]: 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)

[^f00038]: 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)

[^f00039]: 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. 2)); the relevant amending Regulations are 1996/438

[^f00040]: 1992 c. 7, as amended by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 3 to 5, 7, 8, 10 to 12 and Schedules 1 and 2

[^f00041]: Section 124, which provides for income support, is amended by the Jobseekers Act 1995 (c. 18), section 41 and Schedules 2 and 3 and by the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, Part IV, paragraph 28

[^f00042]: Section 128, which provides for Working Families' Tax Credit, is amended by the Tax Credit Act 1999 (c. 10), section 1 (2) and Schedule 1, paragraphs 1(a), (b) and 2(g) and the Jobseekers Act 1995 section 41(4) and Schedule 2, paragraph 33

[^f00043]: Section 129, which provides for disabled person’s tax credit, is amended by the Tax Credit Act 1999 section 1 (2) and Schedule 1, paragraphs 1(a) and (b) and 2(h) and by section 14(1) to (5), the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 10 (2) and (3) and 11(1), and Schedule 1, paragraph 32, the Welfare Reform and Pensions Act 1999, section 88 and Schedule 13, Part IV, the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 34 and by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 2

[^f00044]: Section 130, which provides for housing benefit, is amended by the Local Government Finance Act 1992, section 103 and Schedule 9, paragraph 3, the Local government etc . (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 174(4) and by the Housing Act 1996 (c. 52), section 227 and Schedule 19, Part VI with savings (see S.I. 1997/618, Article 2 and Schedule, paragraph 4)

[^f00045]: S.I. 1980/51, amended by S.I. 1985/1192, 1989/596

[^f00046]: 1974 c. 39

[^f00047]: S.I.1989/2405 (N.I. 19); Article 283 was amended by the Pensions (Northern Ireland) Order 1995 S.I. 1995/3213 (N.I. 22), Schedule 1, paragraph 11

[^f00048]: 1986 c. 45; section 310 was amended by the Pensions Act 1995 (c. 26), Schedule 3, paragraph 15

[^f00049]: 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), section 10 to 12

[^f00050]: O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 475)

[^f00051]: S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children’s (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)); the relevant Regulations are 1996/438

[^f00052]: S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71