Education (Student Support) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Education (Student Support) Regulations (Northern Ireland) 2002 and come into operation on 16th July 2003.

Changes of substance made by these Regulations other than rates of fees, grants and loans are described below.

A number of minor changes are made. A definition of “electronic signature” is inserted in regulation 2(1) and a new regulation 2(7) provides that any reference in the Regulations to the signature of a declaration includes electronic signature in such form as the Department may specify. The definition of “high cost country” in regulation 2(1) is omitted. Regulation 10(4) is expanded and a new paragraph (6) is included so that students whose previous course was part of a foundation degree pilot programme run in conjunction with the University of Ulster and exceeded two academic years are eligible for grant for fees provided that the present course is appropriate progression. Regulation 10(10)(b) is amended so that in determining the period referred to in regulation 10(9)(c) a once repeated or part repeated first year of a student’s course is not included.

Regulation 13 is amended to take account of the increase in the maximum amount of bursaries for low-income students and in the residual income at which they are assessed.

Paragraph (1) of regulation 16 is amended to provide that unless an eligible student or his spouse has elected not to receive the childcare element of the working tax credit he cannot be eligible for a grant in respect of childcare costs. The formula in paragraph (2) by which an eligible student’s grant for living costs under paragraph (1) may be reduced or extinguished is amended. Paragraph (5), which provides for an additional grant for an eligible student who maintains a home for himself and a dependant at a place other than that at which he resides is omitted. A new paragraph (7) provides for a grant for an eligible student with one or more dependent children who has elected not to be treated as eligible for a grant for dependants' childcare costs (regulation 17). Paragraph (8), which provides for a grant in respect of expenditure on travel, books and equipment is omitted. Paragraph (9) is amended to include the circumstance where an eligible student becomes or ceases to be a lone parent during an academic year (regulation 16(8)).

Paragraph (1) of regulation 17 is amended to provide that an eligible student who is or whose spouse is eligible for the child care element of the working tax credit cannot be eligible for a grant for dependants' childcare costs. Paragraph (2) is amended to remove the lower rate of grant for dependants' childcare costs (70 per cent.) so that there is only one rate (85 per cent.) and to omit provisions linking the rate to when the academic year begins. Paragraphs (4) and (6) are omitted. The amended paragraph (3) and new paragraphs (4) to (7) provide for the reduction or extinction of grant for living costs under regulation 16(1), grant for dependants' childcare costs under paragraph (2) and grant under regulation 16(7) (in that order and whichever apply) by any excess amount over the amount required to extinguish the previously applicable grant.

Regulation 18, which provided for grants for school meals for dependent children, is omitted. Subsequent regulations have been re-numbered.

Regulations 20(1), (2) and (10) and 24(6) and (7) are amended to provide for the London rate of loan to apply in respect of any quarter of a course which requires attendance or the undertaking of work experience, or a combination of the two, for at least half the time in aggregate of that quarter within the London area (regulation 6(2) and 7(5)).

Regulation 20 is further amended as follows. Paragraph (6) is amended to omit eligible students attending courses within the London area (other than courses at the University of London) from being subject to the Department’s determination as to which rates of loan shall apply for each quarter (regulation 6(3)). A new paragraph (7) is inserted to prescribe the rate of loan for each relevant quarter for an eligible student who attends a course (other than a course at the University of London) which requires attendance or the undertaking of work experience, or a combination of the two, for at least half the time in aggregate of that quarter within the London area (regulation 6(4)). The amendments to paragraphs (7) and (8) are consequential to the amendments to paragraph (6) and the new paragraph (7) (regulation 6(5) and (6)).

The same paragraphs are also amended to apply one rate in relation to attendance at any overseas institution.

Regulation 24(1)(c) is amended so that the first £50 of any grant for which a student is eligible under regulation 16(7)(b) is ignored in determining the maximum amount of grants under sub-paragraph (b). A new paragraph (2) allows the notional up-rating of the fee grant where the balance of the assessed contribution can be used to reduce or extinguish the amount of support other than fee or dependants grant for which the student is eligible (regulation 7(3)). Consequential amendments are made to paragraphs (3), (7) and (8).

Paragraphs (2) and (10) regulation 26 are amended so that the relevant payments are in such instalments (if any) and at such times as the Department considers appropriate rather than in respect of quarters of the academic year as prescribed. Paragraphs (3) and (13) are omitted; sub-paragraphs (a) and (b) of paragraph (9) and sub-paragraph (a) of paragraph (11) are consequentially amended; references to a “quarter” in paragraphs (4) and (5) are replaced by references to a “period” which is defined in a new paragraph (6) as a period in respect of which an instalment is payable or would have been payable in the prescribed circumstances.

Regulation 27(2)(b) is amended to provide for recovery of an overpayment where a student commences any subsequent course, and to ensure that all overpayments including overpayments of grants for dependants under regulations 16 and 17 are recoverable in the same ways.

Regulation 30 is amended as follows: references to the working families' tax credit and disabled persons' tax credit are omitted from paragraph (7)(a); the definition of “income” in paragraph (11) is amended to exclude any tax credits as described; and paragraph (12) is omitted.

Regulation 32 is amended so that an application for support for disabled part-time students' living costs must reach the Department as soon as is reasonably practicable, which brings it into line with the application process for full-time students.

Regulation 40(1) and (2) is amended to provide that no debt or liability to which a bankrupt is or may become subject in respect of any sum payable to an eligible student by way of a loan in the circumstances described shall be included in his bankruptcy debts.

Paragraph (7) of Schedule 1 is amended so that this paragraph relates to a person’s status on a particular date being the first day of the first academic year of the course.

In Schedule 3, sub-paragraph (7) of paragraph 1 and sub-paragraph (2) of paragraph 2 are omitted.

Paragraph 4 of Schedule 3 is amended so that: a parental contribution in respect of more than one child cannot exceed the parental contribution that would apply if only that child held an award. The Department’s discretion to determine how to apportion the parental contribution shall only apply where a statutory award other than one under the Student Support Regulations, the Education (Students Awards) Regulations 2002, or section 63 of the Health Services and Public Health Act 1968 or the 1986 Order is held by any of the specified persons; and the parental contribution is apportioned equally where sub-paragraph (3) does not apply. Consequential amendments are made to sub-paragraphs (1) and (3).