PART IIIPAYMENTS

Assisted Students23.

(1)

Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(1)(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 are payable in respect of him—

(i)

as are described in Schedule 1, and

(ii)

if they are payable to an institution which is maintained or assisted by recurrent grants out of public funds, which do not exceed the maxima referred to therein; and

(b)

his requirements for maintenance ascertained in accordance with—

(i)

Part I of Schedule 2,

(ii)

paragraphs 5, 6 and 10 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 199027, or out of access funds held by the institution at which he attends his course); 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 part-time 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(1)(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 196828 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, . . . or in pursuance of the Training for Work Scheme.