The Education (Mandatory Awards) (Amendment) (No. 2) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Mandatory Awards) (No. 2) Regulations 1993 (“the principal Regulations”) and come into force on 1st January 1995.

They make provision for the bestowal of fees only awards on persons who are nationals of States which join the European Community on 1st January 1995. The residence of such persons in areas which were formerly not part of the area of the Community or the European Economic Area but which become part of that area qualifies as residence in the European Economic Area (the new regulation 5(5)). The insertion of this provision has made possible the removal of the definition of “relevant territory” in regulation 2.

They provide that the persons mentioned above who have begun courses before 1st January 1995 may apply for an award within four months of that date, rather than within four months of the date of the beginning of their course (the new regulation 11(2)(c)). They also provide that a person who becomes entitled to an award part way through a year, either because he has become a “European student” when the State of which he is a national joins the European Community, or because he or his spouse or parent has been recognised as a refugee, is only entitled to payments in respect of the part of the year following the date on which he becomes entitled (the new regulation 17(2) and (3)).

Provision is also made to ensure that severe disablement allowance continues to be disregarded in calculating a student’s income for the purpose of determining his entitlement to a maintenance grant (regulation 8).