Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

Part II General Provisions Relating to Aid

Aid questions

6.—(1) For the purposes of these Regulations “aid questions” means questions as to whether or not aid should be granted pursuant to these Regulations in respect of an aided pupil.

(2) Subject to sub-paragraph (3), in the case of each aided pupil, the school shall determine aid questions for the school year in which he takes up an aided place and for each subsequent school year by reference to the relevant income as respects the pupil, whether or not the parents have been entitled to any aid as respects a previous school year.

(3) Where—

(a) a pupil holds an aided place at the school for part only of the school year or leaves the school part way through the school year, or

(b) the parents have two or more children who hold aided places (whether at the same or different schools) but the number of those children differs for different parts of the school year,

the school shall determine aid questions for that part, or separately for those parts, and the extent to which designated fees in respect of the part (or parts) of the school year are to be remitted shall be that proportion of the amount by which the fees for the whole school year would fall to be remitted, which is the proportion which the fees for the part (or parts) bear to the fees for the whole school year.

References to financial years

7.—(1) Subject to sub-paragraph (2), in these Regulations “financial year” means a year ending on 5th April and, in relation to a particular school year “preceding financial year” means the financial year preceding that school year and “current financial year” means the financial year which includes the first day of that school year.

(2) Subject to sub-paragraph (3), where the parents of a pupil satisfy the school that their income is wholly or mainly derived from the profits of a trade, profession or vocation carried on by either or both of them, then if the parents and the school so agree, any reference in this Part to a financial year shall be construed as a reference to a year ending on such date as appears to the school to be expedient having regard to the accounts kept in respect of that trade, profession or vocation and the periods covered thereby (“the Parents' Accounting Year”):

(3) Where the Parents' Accounting Year ends with a date after 5th April but before the beginning of a school year, then in relation to that school year, “preceding financial year” shall mean the latest Parents' Accounting Year ending before 6th April in the calendar year in which the school year begins and “current financial year” shall means the Parents' Accounting Year ending in the calendar year which includes the beginning of the school year.

References to income

8.—(1) For the purposes of these Regulations, the income of any person for a financial year shall be taken to be his total income for that year; and, subject to the provisions of the Appendix to this Schedule (“the Appendix”), in this sub-paragraph and the Appendix “total income” has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988(1).

(2) For the purposes of these Regulations “relevant income” as regards an aided pupil means, in relation to any financial year, the income of the aided pupil’s parents aggregated with the unearned income of—

(i) the aided pupil himself, and

(ii) any children (apart from the aided pupil) of the parents who are wholly or mainly dependent on one or both of them at the time the relevant income is calculated

less, where sub-paragraph (3) or (5) applies, the sum there mentioned.

• In this sub-paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.

(3) Subject to sub-paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,430 in respect of each person other than the aided pupil who—

(a) at the time the relevant income is calculated, is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit as mentioned in sub-paragraph (4), and

(b) is a child or other relative of one or both of the parents, and

(c) normally resides in the same household as the parents and the aided pupil.

(4) The payments referred to in sub-paragraph (3)(a) are payments made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of the Appendix, but excluding any other payments which fall to be deducted in ascertaining total income for the purpose of these Regulations.

(5) Where a child (other than the aided pupil) who is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit by one or both of them, is the holder of an award of a kind described in sub-paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,430 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that higher sum shall be deducted from the relevant income in lieu of the “£1,430” prescribed in respect of that child by sub-paragraph (3).

(6) An award referred to in paragraph (5) is—

(a) a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962(2) providing for the payment of awards to students attending specified courses of further or higher education(3);

(b) a grant or loan paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 22 of the Teaching and Higher Education Act 1998(4) providing for support for students attending higher education courses(5);

(c) an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980(6) providing for the payment of allowances to students(7); or

(d) an award made by an Education and Library Board in Northern Ireland pursuant to Article 50(1) and (2) and 134(1)(a) of the Education and Libraries (Northern Ireland) Order 1986(8) and regulations from time to time in force thereunder(9), being an award for the purpose of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations.

(7) In this paragraph any reference to the parents of an aided pupil is a reference to the persons who are his parents (as defined in regulation 4) at the time that the relevant income is calculated.

Application for aid etc.

9.  The Secretary of State may specify for the purposes of these Regulations—

(a) the time by which and the manner and form in which applications for aid, declarations of relevant income or estimated income and other information requisite for determining aid questions are to be made or furnished by the parents of an aided pupil, or by parents applying for an aided place, and the documentary or other evidence to be provided in support thereof; and

(b) the time by which, and the manner and form in which, a school are to notify the parents of an aided pupil as to whether they are entitled to any remission of fees or charges, or the payment of grant, for a particular school year and, if so, the extent of remission.

Restrictions on aid

10.—(1) Subject to paragraphs 18(4) and 20(3), the parents of an aided pupil shall not be entitled to—

(a) any aid in respect of a period before the pupil took up his aided place or after he has left the school or, if he remains at the school, after the end of the school year in which he attains the age of 20 years; or

(b) any remission of fees or charges payable in lieu of notice of the withdrawal of an aided pupil from the school.

(2) The parents of an aided pupil shall not be entitled to any remission of fees for charges which are required to be paid pursuant to—

(a) an order of a court,

(b) a separation agreement, or

(c) a qualifying agreement (as defined in paragraph 5(2)).

(3) This paragraph shall have effect notwithstanding anything in paragraph 6 or any other provisions of these Regulations.

Counter-fraud provisions

11.—(1) If the parents of an aided pupil do not, in accordance with any requirements specified by the Secretary of State under paragraph 9(a),—

(a) apply to the school for aid for a particular school year, or

(b) subject to paragraph 12(4), furnish the school with the information and supporting evidence requisite for determining remission questions.

they shall not be entitled to any aid that year.

(2) If the Secretary of State is satisfied that an aided pupil’s parents have knowingly or recklessly furnished information required for determining aid questions which is false in a material particular, he may direct that those parents shall not be entitled to any aid in the case of that pupil and, if he so directs, in the case of any other of their children who hold aided places at any school, as respects a specified school year and, if he so directs, any subsequent school year.

(3) The Secretary of State shall not give a direction pursuant to sub-paragraph (2) without—

(a) affording the parents concerned an opportunity to make representations; and

(b) considering any such representations.

(4) The Secretary of State may vary or revoke a direction made pursuant to sub-paragraph (2).

Calculation of aid

12.—(1) Subject to sub-paragraphs (2), (3) and (4), aid questions shall be determined by reference to relevant income in the preceding financial year.

(2) Where one of the pupil’s parents has died after aid questions have been determined and the school are satisfied that the income of the surviving parent in the current financial year, when aggregated with that of the deceased parent, is likely to be less than their aggregated income in the preceding financial year, aid questions shall be redetermined by reference to the current financial year; and in such case, sub-paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year and the reference to the pupil’s parents in paragraph 8(2) included a reference to the deceased parent (notwithstanding paragraph 8(7)).

(3) If, in a case not falling within sub-paragraph (2),—

(a) the school are satisfied that the relevant income in the current financial year is, as a result of some event beyond the control of the pupils' parents, likely to be not more than 85% of the relevant income in the preceding financial year, or

(b) (i) the school, though not satisfied as aforesaid, are satisfied that the relevant income in the current financial year is likely to be so much less than the relevant income in the preceding financial year that financial hardship would result from remission questions being determined by reference to that year; and

(ii) the Secretary of State agrees that this paragraph should operate in respect of the assisted pupil concerned,

aid questions shall be determined as regards the school year in question and, unless and until the Secretary of State otherwise directs, any subsequent school year, by reference to the current financial year and, in such a case, sub-paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year.

(4) Where it is not reasonably practicable for the parents to furnish before the beginning of a school year the requisite information as to relevant income for the appropriate financial year then, in relation to that school year, aid questions may be determined provisionally, having regard to relevant income for earlier financial years, as the school think fit, but—

(a) no such provisional determination shall be more favourable to the parents than a determination computed by reference to an estimate furnished by the parents of relevant income for the appropriate financial year;

(b) a provisional determination shall cease to have effect when the parents have furnished the requisite information or if the school are satisfied that it has become reasonably practicable for them to do so but they have not done so; and

(c) within three months of the final determination of the aid questions any over-remission or under-remission of fees or charges shall be adjusted by payments between the parents and the school.

For the purposes of sub-paragraph (4) the expression “appropriate financial year” means the preceding financial year, except where sub-paragraph (2) or (3) applies, in which case it means the current financial year.

(1)

1988 c. 1. Section 1(2)(b) was amended by section 24(2)(a) of the Finance Act 1988 (c. 39.)

(2)

1962 c. 12; the entire Act was repealed by the Teaching and Higher Education Act 1998 (c. 30), section 44(2) and Schedule 4, subject to the saving and transitional provisions set out in the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998 (S.I. 1998/3237), article 4.

(3)

The Regulations in force at the date on which these Regulations are made are the Education (Mandatory Awards) Regulations 2000 (S.I. 2000/2123).

(4)

1998 c. 30.

(5)

The Regulations in force at the date on which these Regulations are made are the Education (Student Support) Regulations 2000 (S.I. 2000/1121).

(6)

1980 c. 44.

(7)

The Regulations in force at the date on which these Regulations are made are the Education (Student Loans) (Repayment) Regulations 2000 (S.I. 2000/944).

(8)

S.I. 1986/594 (N.I. 3): Article 50(1) and (2) was repealed by Article 9 of, and the Schedule to, the Education (Student Support) (Northern Ireland) Order 1998, S.I. 1998/1760 (N.I. 14) subject to the transitional and saving provisions in Part II of the Education (Student Support) (Northern Ireland) Order 1998 (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 1998, S.R. 1998 No. 460 (c.22).

(9)

The Regulations in force at the time these Regulations are made are the Student Awards Regulations (Northern Ireland) 2000, (S.R. 2000 No. 311) subject to SR 1998 No. 460.