The Education (Mandatory Awards) Regulations 1991

Assisted students

23.—(1) Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of–

(a) such fees payable in respect of him as are described in Schedule 1; and

(b) his requirements for maintenance ascertained in accordance with–

(i) Part I of Schedule 2,

(ii) paragraphs 5 and 6 of Part II of that Schedule, and

(iii) Parts III and IV of that Schedule

irrespective of whether any maintenance grant would be payable in his case by virtue of any other provision in these Regulations.

(2) The payments referred to in paragraph (1) are the aggregate payments received by the person–

(a) in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962, or by way of a loan under the Education (Student Loans) Act 1990(1) , or out of access funds held by the establishment at which he attends his course whether those funds were received by the establishment under the Education (Further and Higher Education Institutions Access Funds) Regulations 1990(2) or by way of grant from the Universities Funding Council or the Polytechnics and Colleges Funding Council); and

(b) if he is in gainful employment, by way of 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 part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of parttime study, any payments by way of remuneration shall be disregarded.

(3) Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968(3) in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, or in pursuance of arrangements made by a local education authority for the training of teachers known as the “Articled Teachers' Scheme” in respect of the Postgraduate Certificate in Education or in pursuance of any bursary bestowed on him under the Bursary Scheme for “Part 2” Architecture course students.

(1)

1990 c. 6.

(2)

S.I. 1990/1555.

(3)

1968 c. 46; section 63 was amended by the National Health Service Reorganisation Act 1973 (c. 32), section 57, Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), section 129, Schedule 15, paragraph 45 and Schedule 16, the National Health Service (Scotland) Act 1978 (c. 29), section 109, Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1, 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17 and the Family Practitioner Committees (Consequential Modifications) Order (S.I. 1985/39), article 6(1).