Students Awards Regulations (Northern Ireland) 2002

• (1) The requirements referred to in regulation 11(1)(a) shall include the student’s requirements for the maintenance of dependants during the year and the amount of any such requirement (“dependants' requirement”) shall be determined in accordance with this Part.

• (2) Where a student’s requirements for the maintenance of dependants are different in respect of different parts of a year, his dependants' requirement for that year shall be the aggregate of the proportionate parts of those differing requirements.

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• (1) In this Part –

• “adult dependant” means, in relation to a student, an adult person dependent on the student not being his child, his spouse or a person living with him as his spouse or his former spouse, subject however to sub-paragraphs (2) and (3);

• “child”, in relation to a student, includes a person adopted in pursuance of adoption proceedings, a step-child and any child for whom the student has parental responsibility and who is dependent on him;

• “dependant” means, in relation to a student, his dependent child, his spouse or an adult dependant, subject however to sub-paragraphs (2) and (3);

• “income” means income for the year from all sources (reduced by income tax and social security contributions) but disregarding – any pension, allowance or other benefit paid by reason of a disability or incapacity to which the person is subject which is not subject to income tax under the Income Tax Acts or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts; child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00025]; any allowance payable to his spouse by an adoption agency in accordance with regulations made in pursuance of Article 59A of the Adoption (Northern Ireland) Order 1987[^f00026]; any guardian’s allowance to which his spouse is entitled under section 77 of the Contributions and Benefits (Northern Ireland) Act 1992; in the case of a spouse with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust[^f00027] is boarded out, any payment made to him in pursuance of Article 27 (2) (a) of the Children (Northern Ireland) Order 1995[^f00028]; any payments made to his spouse in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995, or any assistance given by a Health and Social Services Board or a Health and Social Services Trust pursuant to Articles 35 and 36 of that Order, in respect of a person who is not the spouse’s child; where the spouse holds an award in respect of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 2(1), being a part-time course or a course which is partly full-time and partly part-time, the payments in respect of maintenance made to the spouse in pursuance of regulation 10(1)(b) or so much of those payments as relates to the part-time part of the course; where the spouse or the student makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first year of his course – if, in the opinion of the board, the obligation had been reasonably so incurred, an amount equal to the payment in question; 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;

• “relevant award” means a statutory award in respect of a person’s attendance at – a full-time course of higher education or a comparable course outside Northern Ireland; a course of teacher training specified in paragraph (b) in the definition of “course of initial teacher training” in regulation 2(1); the full-time part of a course of teacher training specified in paragraph (c) in the definition of “course of initial teacher training” in regulation 2(1), which is partly full-time and partly part-time;

• “spouse”, except in the definition of adult dependant, shall not include a student’s spouse if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court.

• (2) A person, including the student’s spouse, shall not be treated as a dependant of the student during any period for which that person –

• (a) holds a relevant award; or

• (b) (save for the purposes of paragraph 15) is ordinarily living outside the United Kingdom.

• (3) A person shall not be treated as a student’s adult dependant or as his dependant child –

• (a) in the case of a person other than a child of the student, if his income exceeds by £975 or more the sum specified in paragraph 13(4)(a);

• (b) in the case of a child of a student who either has a spouse who is, or but for sub-paragraph (2) would be, his dependant or has an adult dependant, if the child’s income so exceeds the sum specified in paragraph 13(4)(b) as applicable to his age;

• (c) in the case of a child of a student not falling within head (b), unless either –

• (i) the child is the only or eldest child dependent on the student whose income does not so exceed the sum specified in paragraph 13(4)(a); or

• (ii) the child’s income does not so exceed the sum specified in paragraph 13(4)(b) as applicable to his age.

13

• (1) This paragraph shall apply in the case of all students with dependants.

• (2) Subject to paragraphs 14 to 17, the dependants requirement of the student shall be –

• (a) if the student’s spouse holds a statutory award and in calculating payments under it account is taken of the spouse’s dependants requirement, one half of the amount determined in accordance with sub-paragraphs (3), (4) and (5);

• (b) in any other case, the whole of the amount so determined.

• (3) The amount referred to in sub-paragraph (2) shall be the amount which is X–(Y–Z) where –

• (a) X is the aggregate of the relevant sums specified in sub-paragraph (4);

• (b) Y is the aggregate of the income of the student’s dependants;

• (c) Z is so much of the sum ascertained by multiplying £975 by the number of his dependants as does not exceed Y.

• (4) Subject to sub-paragraph (5), the relevant sums referred to in sub-paragraph (3) are –

• (a) except where the student has a spouse who is the holder of a relevant award, £2,225; and

• (b) in respect of each dependent child –

• (i) under the age of 11 years immediately before the beginning of the academic year, or born during that year, £465;

• (ii) then aged 11 years or over, but under 16, £930;

• (iii) then aged 16 years or over, but under 18, £1,240;

• (iv) then aged 18 years or over, £1,780,

except that the only or eldest dependent child shall be disregarded for the purposes hereof if the student has neither an adult dependant nor a spouse who is, or but for paragraph 12(2) would be, a dependant.

• (5) Where the student has not made an election under paragraph 4 of Schedule 8, the sum of £255 will be payable in respect of either:

• (i) an only or eldest dependent child whose income does not exceed £3, 455, where the dependants requirement in respect of that child is calculated by reference to sub-paragraph (4)(a); or

• (ii) a dependent child whose income does not exceed the amount applicable to his age by more than £1,230, where the dependants requirement in respect of that child is calculated by reference to sub-paragraph (4)(b).

• (6) Where the student has not made an election under paragraph 4 of Schedule 8, the dependants requirement under this paragraph in respect of dependent children shall be increased by £510 in respect of expenditure on travel, books and equipment for the purpose of attending his course.

14

• (1) Subject to the following sub-paragraphs, where the student has not made an election under paragraph 4 of Schedule 8, the dependants requirement of the student shall, in respect of each year, be increased in respect of childcare costs for each dependent child where the childcare is provided by an approved or registered childcare provider, if-

• (a) the child is under the age of 15 immediately before the beginning of the academic year; or

• (b) the child has registered special educational needs within the meaning of the Education (Northern Ireland) Order 1996[^f00029] under the age of 17 immediately before the beginning of the academic year.

• (2) For the purpose of this paragraph and notwithstanding the provisions of paragraph 12(3), a child shall be treated as a dependent child of a student even if the child’s income exceeds by £950 or more the relevant sum specified in paragraph 13(4)(a) or (b).

• (3) The dependants requirement for each week for which a student shall be eligible under paragraph (i) is:

• (a) where the academic year begins in the autumn, for the period of 40 weeks beginning on the first day of the first term of the academic year:

• (i) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week; or

• (ii) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week;

• (b) where the academic year begins in the winter, spring or summer, for each week of each term of the academic year and the Christmas and Easter vacations beginning on the first day of the first term of the academic year:

• (i) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week;

or

• (ii) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week; and

• (c) for any other week of the academic year to which sub-paragraphs (a) or (b) do not apply including a week of the summer vacation, except each week falling within the period between the end of the course and the end of the academic year in which the course ends:

• (i) for one dependent child, 70 per cent. of the costs of the childcare, subject to a maximum amount of £94.50 per week; or

• (ii) for two or more dependent children, 70 per cent. of the costs of the childcare, subject to a maximum amount of £140 per week.

• (4) With reference to the calculation set out in paragraph 13, where the amount (Y–Z) exceeds X, the amount payable under sub-paragraph (3) shall be reduced by the amount of that excess.

• (5) Where the income of a dependent child of the student exceeds by £975 or more the sum specified in paragraph 13(4)(a) or (b), the amount payable under sub-paragraph (3) shall be reduced by the amount of his income less £975.

• (6) If the student’s spouse holds a statutory award and in calculating payments under it account is taken on the spouse’s dependants requirement, the amount calculated under sub-paragraph (3) shall be reduced by one half.

• (7) Where a student has in any academic year attended his course –

• (a) in the case of a course provided at the University of Oxford or Cambridge, for a period of 25 weeks 3 days; or

• (b) in the case of any other course, for a period of 30 weeks 3 days

and he attends for a further period and the period of 40 weeks referred to in sub-paragraph (3)(a) has expired, the relevant amounts referred to in sub-paragraph (3)(a) shall apply for each such week or part week of such attendance.

• (8) In this paragraph “approved childcare provider” means a childcare provider within the meaning of the Tax Credit (New Category of Childcare Provider) Regulations 1999[^f00030], who has been approved in accordance with those regulations;

• “registered childcare provider” means a person who acts as a child minder or provides daycare and is registered within the meaning of Articles 118, 119 and 120 of the Children (Northern Ireland) Order 1995[^f00031], (registration of child minders and persons providing day care for young children).

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• (1) Subject to sub-paragraph (3), this paragraph shall apply in the case of a student with a dependent child where an amount is included in respect of the child in determining the dependants requirement under paragraph 13 and the child is either –

• (a) aged 3 or 4 during the relevant school year, or

• (b) attends a grant-aided school during the relevant school year.

• (2) The dependants requirement of the student (determined in accordance with paragraph 13(2)(a) or (b)), shall be increased by –

• (a) £255 for each dependent child (whether or not he attends a grant-aided school) aged 3 or over on 31st December in the relevant school year, but under the age of 11 immediately before the beginning of the relevant school year;

• (b) £170 for each dependent child (whether or not he attends a grant-aided school) whose third birthday falls after 31st December but on or before 31st March in the relevant school year;

• (c) £85 for each dependent child (whether or not he attends a grant-aided school) whose third birthday falls after 31st March but before the end of the relevant school year;

• (d) £275 for each dependent child of compulsory school age who is aged 11 or over immediately before the beginning of the relevant school year.

• (3) Paragraph (1) shall not apply where the dependent child receives school meals free of charge under arrangements approved by the Department of Education in accordance with Articles 58 and 59 of the Order.

• (4) In this paragraph –

• “grant-aided school” has the meaning assigned to it by the Order;

• “relevant school year” means: in the case of a child who attends a grant-aided school, the school year whose beginning is closest to the beginning of the academic year in respect of which the dependants requirement under this Part is being assessed; and in the case of a child aged 3 or 4 who does not attend such a school, the period of twelve months beginning on 1st September, falling closest to the beginning of the academic year in respect of which the dependants requirement under this Part is being assessed; and

• “school year” means the period from 1st August to 31st July.

16

In the case of a student with dependants who maintains a home for himself and a dependant at a place other than that at which he resides while attending the course, the student’s dependants requirement (determined in accordance with paragraph 13(2)(a) or (b) shall be increased by either:

• (a) £520; or

• (b) where he has made an election under paragraph 4 of Schedule 8, £775.

17

• (1) This paragraph shall apply in the case of a student who maintains a dependant outside the United Kingdom.

• (2) Notwithstanding anything in the foregoing paragraphs of this Part, the student’s dependants requirement shall be such amount, if any, as the board considers reasonable in all the circumstances, not exceeding the amount determined in accordance with those paragraphs.

PART IV — INTERPRETATION OF PARTS I TO IV

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In this Schedule –

• (a) a reference to the home of the student’s parents shall be construed, in the case of a student whose spouse attends a full-time course at any institution, as including a reference to the home of the parents of the student’s spouse; and

• (b) a reference to a requirement, expenditure or attendance in respect of which no period of time is specified shall be construed as a reference to a requirement, expenditure or attendance for the year.

SCHEDULE 7 — RESOURCES

PART I — STUDENT'S INCOME

Calculation of student’s income

1

• (1) In calculating the student’s income for the purposes of regulation 11(1)(b) 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 paragraph (b), whether or not it is income, but there shall be disregarded the following –

• (a) in a case not covered by paragraph (u), the first £880 of income of any description;

• (b) the first £4,150 of any payment by way of –

• (i) an award made to the student in respect of the course (in pursuance of a sponsorship scheme or otherwise) not being an award made in pursuance of Article 50 or 51; and

• (ii) in the case of a student released by his employer to attend the course, any payments made by that employer;

• (c) any grant to facilitate teacher training paid to the student under regulations made under section 50(1) of the Education (No. 2) Act 1986[^f00032] or any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 5 of the Education Act 1994[^f00033] or under section 65(3) of the Further and Higher Education Act 1992[^f00034];

• (d) in the case of a student for whose benefit any income is applied or any payments are required to be applied as described in paragraph 5(5) –

• (i) 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);

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

• (f) any bounty received as a reservist with the armed forces or in the Royal Irish Regiment or in the Police Service for Northern Ireland Reserve;

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

• (h) in the case of a student in whose case a parental contribution is by virtue of Part II 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;

• (i) any payment made for a specific educational purpose otherwise than to meet such fees and such requirements for maintenance as are specified in Schedules 5 and 6;

• (j) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00035];

• (k) any allowance payable to the student by an adoption agency in accordance with regulations made pursuant to Article 59A of the Adoption (Northern Ireland) Order 1987[^f00036];

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

• (m) in the case of a student with whom a child has been placed by a Health and Social Services Board or a Health and Social Services Trust, under Article 27(2)(a) of the Children (Northern Ireland) Act 1992;

• (n) any payment made to the 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;

• (o) income support 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) 1978[^f00037];

• (p) any housing benefit granted to the 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[^f00038] or a scheme under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00039];

• (q) in a case not covered by paragraph (u), the first £3,340 of any pension, allowance or other benefit payable by reason of the 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;

• (r) any payments made to the student under the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00040], the European Community programme for foreign language competence known as LINGUA[^f00041] or the European Community programme known as LEONARDO DA VINCI[^f00042];

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

• (t) any payments made to the student for the maintenance of his child by virtue of any agreement, instrument or statutory provision;

• (u) where a parental contribution does not apply because the student falls within paragraph 3 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 student’s income from all sources being disregarded under paragraph (1).

• (3) Where the student is a European student and his income arises from sources or under legislation different from sources or legislation normally relevant to a person who is settled in the United Kingdom within the meaning of the Immigration Act 1971[^f00043] his income shall 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 settled in the United Kingdom.

• (4) Where a 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 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 aforesaid 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 purpose of Part III of Schedule 6 and, in pursuance of paragraph 16(1) thereof, the payment is taken into account in determining the spouse’s income.

• (6) 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 11(1)(b).

• (7) Where the 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, otherwise

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

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;

• “financial year” means subject to sub-paragraph 2 the period of 12 months for which the income of the student’s parent is computed for the purposes of the income tax legislation which applied 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 board 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 (3), the balance of gross income remaining in any year after the deductions specified in paragraph 6 have been made.

• (2) Without prejudice to the definition of “financial year” in sub-paragraph (1), in the case of a student whose parent’s income is subject to the income tax legislation of the Republic of Ireland, for the purposes of this Part of this Schedule the income of the student’s parent in the period from 1st January 2001 to 5th April 2001 shall be treated not only as income in the financial year ending on 5th April 2001 but also as income in the period from 6th April 2001 to 31st December 2001 and the latter period shall be treated as a financial year notwithstanding that it is less than 12 months in duration.

• (3) Where, in a case not falling within paragraph 5(3) or (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.

• (4) 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.

• (5) 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 shall be computed as though the income first mentioned in this sub-paragraph were part of his total income.

• (6) Where the income of the 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 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.

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

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; or

• (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 pursuant to an order of a competent court has 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;

• (d) a student whose parents are residing outside the European Community 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) 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) and (3) be in any case in which the residual income is £20,480 or more, £45 with the addition of £1 for every complete £9.50 by which it exceeds £20,480, 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 £81; and in any case in which the residual income is less than £20,480 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 £6,749 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.

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 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 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 –

• (a) one of the student’s parents dies either before or during the assessment 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 assessment year, be determined by reference to the income of the surviving parent; or

• (d) 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 requirement as determined in accordance with Schedule 6; 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 6.

• (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 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 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 6; 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 6.

• (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), 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, 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 taxable income, are not treated as taxable income; or

• (d) without prejudice to the foregoing, 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 holder of a statutory award, dependent on the parent during the year for which the contribution falls to be ascertained, the amount by which £2,360 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; 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 sums in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;

• (c) the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) 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;

• (d) 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 £1,850;

• (e) 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 £1,850;

• (f) 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;

• (g) 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 6) and £950 exceeds the sum payable in respect of maintenance in pursuance of that award;

• (h) any payments made to the parent of the student pursuant to 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;

• (i) 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(5), there shall be deducted from the parent’s gross income sums equivalent to the deductions mentioned in head (b), (c), or (d) of sub-paragraph (2), provided that any sums so deducted shall not exceed the deductions that would be made if the whole of the parent’s income were in fact total income 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 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 in any case in which the residual income is £17,615 or more £45 with the addition of £1 for every complete £8 by which it exceeds £17,615, reduced in any such case by £81 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 £17,615 the spouse’s contribution shall be nil; provided that the amount of the spouse’s contribution shall not exceed £6,749.

• (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 8 — SINGLE STUDENT 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 6.

• (2) In the case of such a student –

• (a) the sum to be disregarded under paragraph 1(1)(a) of Schedule 7 shall be £1,915 instead of £880; or

• (b) where he has made an election in accordance with paragraph 4, his requirements under paragraph 13 of Schedule 6 shall be treated as increased by the sum of £1,100

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 6.

• (2) Such a student may elect that the sum specified as his requirements in Part III of Schedule 6 shall be disregarded and that instead there shall in calculating his income be disregarded £2,560 in respect of his only or eldest child such as is mentioned in sub-paragraph (1) and £810 in respect of every other such child.

4

• (1) A student may elect not to receive an increase to the dependants requirement under paragraph 14 of Part III of Schedule 6 at any time before or during the year.

• (2) No further election may be made following the revocation of an election under sub-paragraph (1).

SCHEDULE 9 — 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 bears to 30, except that, where that 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 or with a primary care trust in the United Kingdom; 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 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[^f00044] or a Special Health Authority established pursuant to section 11 of that Act[^f00045]; a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00046]; or a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00047]; or a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00048].

• (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 during which the student is employed.

• (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 8 applies, references to Schedules 6 and 7 shall be construed as references to those Schedules as modified in accordance with Schedule 8.

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

2

For the purposes of calculating payments in respect of maintenance under regulation 10(1)(b) the prescribed proportion of the aggregate of the amounts specified in Schedule 6 shall, as respects any sandwich year, be treated as the aggregate of the amounts so specified.

3

The provisions of Schedule 6 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; and

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

4

The provisions of Schedule 7 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 £880;

• (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 for Employment and Learning on 6th August 2002.

Tom Scott — A senior officer of the — Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st September 2002, revoke and replace, with amendments the Students Awards Regulations (Northern Ireland) 2001.

The changes of substance made by these Regulations other than the changes in the rates of fees, grants and allowances are described in the following paragraphs.

A number of minor changes are made. The amendment to regulation 2 replaces the definitions of “higher cost country” and “high cost country” with one definition of “high cost country”.

The definition of “independent student” has been amended (regulation 2(1) and paragraph 3(a) of Schedule 7) so that there will be no assessment of parental contribution where a student has been married before the academic year in respect of which the contribution would have applied. This is so whether or not the marriage still subsists.

Paragraph 1(1)(b) of Schedule 3 provides that where a student attends another course at another institution with the consent of that institution’s academic authority he can request that the Board transfer his award in relation to that course. The academic authority’s consent need no longer be in writing or based on educational grounds. The student is no longer required to obtain the consent of the academic authority of the institution from which he is proposing to transfer his award in relation to a course.

Schedule 3 has also been amended to remove the provision which authorised a Board to refuse, after consulting the academic authority concerned, to transfer a student’s award in certain specified circumstances.

The amendments to paragraphs 2, 5, 8 and 9 of Schedule 6 remove the requirement that a student’s attendance of part of his course at an overseas institution is a necessary part of his course. A consequential amendment is made in the deletion of paragraph 19 of Schedule 6 which defined “necessary” for these purposes.

Paragraph 13(6) of Schedule 6 provides that the increase in the dependants requirement under paragraph 13 in respect of expenditure on travel, books and equipment only arises if the dependants requirement is in respect of dependent children.

The new paragraph 2(2) of Schedule 7 provides that in relation to the assessment of parental contribution where the student’s parent’s income is subject to the income tax legislation of the Republic of Ireland, the parent’s income for 1st January 2001 to 31st December 2001 shall be treated as income for the period 6th April to 31st December of the same year. The latter period shall be treated as the financial year notwithstanding that it is less than 12 months in duration.

Footnotes

[^f00001]: Formerly known as the Department of Higher and Further Education, Training and Employment, see the Department for Employment and Learning Act (Northern Ireland) 2001 (C. 15)

[^f00002]: As amended by S.I. 1993/2810 (N.I. 12) Art. 50(1) and Schedule 4 Part II

[^f00003]: S.I. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, S.I. 1998/1760 (N.I. 14), subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, (S.R. 1998 No. 460 (c. 22))

[^f00004]: S.R.1999 No. 481 Article 5(b) and Schedule 3 Part II

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

[^f00006]: S.I. 1997/1772 (N.I. 15)

[^f00007]: 1994 c. 30

[^f00008]: Cmnd. 2073

[^f00009]: Cmnd. 2183

[^f00010]: 1963 c. 33 Section 76 was amended by the Local Authorities etc (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11

[^f00011]: 1999 c. 29

[^f00012]: S.R. 1998 No. 273

[^f00013]: Cmnd. 9171

[^f00014]: Cmnd. 3906 (Out of print: photocopies are available, free of charge, from Student Support Branch, Department for Employment and Learning).

[^f00015]: S.R. 1996 No. 578

[^f00016]: 1978 c. 30; definition of “Tax Acts” substituted by 1987 c. 16, section 71, Schedule 15, paragraph 12

[^f00017]: The Teacher Training Agency was established under section 1 of the Education Act 1994 (c. 30).

[^f00018]: 1988 c. 40

[^f00019]: Article 70 was substituted by S.I. 1987/167 (N.I. 2) Article 8 and amended by S.I. 1993/2810 (N.I. 12) Article 50(2) and Schedule 5

[^f00020]: O.J. No. L166, 25.6.87, p. 20

[^f00021]: S.R. 2001 No. 298

[^f00022]: 1954 c. 33 (N.I.)

[^f00023]: S.R. 1996 No. 190 was revoked and replaced by S.R. 1996 No. 298

[^f00024]: 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

[^f00025]: 1992 c. 7

[^f00026]: 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. 1995/775 (N.I. 22)); the relevant Regulations are S.R. 1996/438

[^f00027]: 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 virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order (S.I. 1994/429) (N.I. 2))

[^f00028]: S.I. 1995/755 (N.I. 2)

[^f00029]: S.I. 1996/274 (N.I. 1)

[^f00030]: S.I. 1999/3110, made in exercise of the powers conferred by sections 15(1) and 15(4) of the Tax Credits Act 1999 (c. 10)

[^f00031]: S.I. 1995/755 (N.I. 2)

[^f00032]: 1986 c. 61: Section 50 was amended by the Education Act 1993 (c. 35), section 278(6), Schedule 19, paragraph 102, Schedule 21 Part II, and by the Education Act 1994 (c. 30), section 13(2) to (4)

[^f00033]: 1994 c. 30

[^f00034]: 1992 c. 13

[^f00035]: 1992 c. 7

[^f00036]: 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.I. 1996/438

[^f00037]: 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

[^f00038]: 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, 395, 345, 298 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)

[^f00039]: 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, 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

[^f00040]: O.J. No. L166, 25.6.87, p. 20

[^f00041]: O.J. No. L239, 16.8.89, p. 24

[^f00042]: O.J. No. L340, 29.12.94, p. 8

[^f00043]: 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

[^f00044]: 1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

[^f00045]: 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