The Education (Mandatory Awards) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on the 1st September 1988, supersede the Education (Mandatory Awards) Regulations 1987 which are revoked (regulation 6(1)).

Provisions in these regulations which differ from the corresponding provisions of the 1987 Regulations (except as a result of minor drafting or consequential changes) are indicated by the use of heavy type. Omissions are indicated by the use of dots. The changes of substance other than the changes in rates of grant are described below.

In the light of the general principle contained in section 1(1) of the Family Law Reform Act 1987 (c. 42) a reference to a child will include an illegitimate child. References to illegitimate children have therefore been omitted in the definition of “refugee” in regulation 2 and in paragraph 17(1) in Part III of Schedule 2.

A person who has been ordinarily resident in Spain and Portugal for three years is to be treated in the same way as those who have been ordinarily resident in the European Community for three years (regulations 5 and 13).

Changes have been made to the provisions governing the entitlement to awards of European Community migrant workers and their children. By virtue of the exception in regulation 13, authorities are not under a duty to bestow an award on certain persons mentioned in regulation 9 unless they have been ordinarily resident in the European Community (or Spain or Portugal before their accession) (as opposed to having been so resident in the British Islands) for three years prior to the first year of their course. Paragraph 2(b) and (c) of regulation 9 of the 1987 Regulations described in some detail, respectively, certain European Community migrant workers and their children. Paragraph 2(b) and (c) have been replaced by a new paragraph 2(b) which refers to persons entitled to an award by virtue of Articles 7(2) or (3) or Article 12 of Council Regulation (EEC) No. 1612/68 on freedom of movement for workers within the Community. The main effect of this change is that it is no longer necessary for a European Community migrant worker, to be eligible for an award, to have been in employment in the United Kingdom for nine months prior to the relevant day or to be applying for an award in respect of a course at a vocational training establishment. A new regulation 6(6) makes transitional provision in the case of those on whom an award has been bestowed under previous Regulations and who were mentioned in regulation 9(2)(b) or (c) of the 1987 Regulations but who are not mentioned in regulation 9(2)(b) of these Regulations.

International first degree courses which previously required a specific designation under the regulations are now included in the first degree courses designated by the regulations (regulation 10(1)(a)(iv)). Other international courses comparable to first degree courses may as before be specifically designated under regulation 10(1)(e)(ii).

Certain placements no longer count towards the length of the course where ascertaining whether the length of the previous course would disentitle a student to an award (regulation 12(4)). Further, previous attendance on certain courses of advanced further education will not disqualify a student for an award in respect of his attendance at a course of two years or less for the degree of Bachelor of Education where such a course is approved under Schedule 5 to the Education (Teachers) Regulations 1982 (regulation 12(7)(c)).

The application of a higher maximum amount of fees in respect of which an award can be paid in relation to the Royal Academy Schools has been omitted since those Schools have ceased to provide any designated courses (Schedule 1).

Remuneration for work done during any year of the student’s course is now disregarded in calculating the student’s income instead of as previously remuneration for work done at any time. Payments under covenant from a parent of a student in whose case a parental contribution is applicable (even if the contribution is assessed at nil) are now to be disregarded in calculating the student’s income. Previously, such payments were disregarded only where the parental contribution was treated as forming part of the student’s resources. There is a new disregard of pension income limited to £2,000 (other than a disability provision not subject to income tax) (paragraph 1(1)(f), (g) and (s) respectively of Schedule 3).

Changes have been made to the amount of parental contribution in the case of certain students who started their course after the 1st April 1988 or who had not attained the age of 18 before 15th March 1988. These changes are to take account of the ending of tax avantages in relation to payments made under covenant by the parent (paragraph 4 of Schedule 3).

Unpaid service with a health authority or its equivalent in Scotland and Northern Ireland is now excluded from “periods of experience” as defined for the purpose of the definition of a sandwich course (paragraph 1(1)(g) of Schedule 5).