Explanatory Note
(This note is not part of the Regulations.)
These Regulations revoke and replace the Maintenance Allowances (Pupils over Compulsory School Age) Regulations (Northern Ireland) 1994.
These Regulations come into operation on 11th January 1997 and (except for Schedule 2) have effect retrospectively from 1st September 1995. Schedule 2 has effect retrospectively from 1st September 1996.
Retrospection is authorised by Article 50(2) of the Education and Libraries (Northern Ireland) Order 1986, (S.I. 1986/594 (N.I. 3)).
Under the Regulations the conditions of eligibility for a maintenance allowance are prescribed (regulation 4).
Allowances payable have been increased in Schedule 1 by 2.5% and in Schedule 2 by a further 2.55% and are determined by reference to income bands (which have been adjusted to reflect an increase of 4.5% in Schedule 1 and a further increase of 3.5% in Schedule 2). The timing of payment of the allowances is determined by the board (regulation 5).
The allowance is payable, subject to other provisions in the Regulations, from 1st September following that on which the pupil attains the upper limit of compulsory school age, is subject to reassessment or termination (regulation 6) and shall be applied for annually (regulation 7).
There is an obligation on parents claiming the allowance to advise the board of any change in financial circumstances, with provision for revision or cancellation of the allowance (regulation 8). Parents are also obliged to inform the board of any change in the pupil’s place of residence (regulation 9).
Schedule 1 specifies the rates of allowances, income bands and certain items to be deducted in determining the balance of parental income. The criteria for assessing gross income are also specified.