The Education (Mandatory Awards) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st September 2002, supersede the Education (Mandatory Awards) Regulations 2001 as amended (“the 2001 Regulations”).

Provisions in these Regulations which differ from the corresponding provisions of the 2001 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 made by these Regulations other than the changes in the rates of fees, grants and allowances are described below.

A number of minor changes are made. The definitions of “high-cost country” and “higher-cost country” in regulation 2 are replaced by one definition of “high cost country”.

Under regulation 3(1)(c) and paragraph 3(a) of Schedule 3 to these Regulations there will be no assessment of parental contribution where a student has been married before the academic year in respect of which the contribution would have applied. This is so whether or not the marriage still subsists.

Regulation 14(1)(b) provides that where a student attends another course at another institution he can with the consent of the academic authority of the institution to which he is proposing to transfer his eligibility in relation to a course request that the relevant local education authority transfer his eligibility. The academic authority’s consent need no longer be in writing or based on educational grounds. The student is no longer required to obtain the consent of the academic authority of the institution from which he is proposing to transfer his eligibility in relation to a course.

Regulation 14 has also been amended to remove the provision which authorised a local education authority to refuse, after consulting the academic authority concerned, to transfer a student’s award in certain specified circumstances.

Regulation 21(4) is amended to provide that for the appropriate overseas grant to apply a student must attend an overseas institution as part of his course.

The amendments to paragraphs 2, 5, 8 and 9 of Schedule 2 remove the requirement that a student’s attendance of part of his course at an overseas institution is a necessary part of his course. A consequential amendment is made in the deletion of paragraph 20 of Schedule 2 which defined “necessary” for these purposes.

Paragraph 13(6) of Schedule 2 provides that the increase in the dependants requirement under paragraph 13 in respect of expenditure on travel, books and equipment only applies if part or all of the dependants requirement is in respect of dependent children.

The new paragraph 2(2) of Schedule 3 provides that in relation to the assessment of parental contribution where the student’s parent’s income is subject to the income tax legislation of the Republic of Ireland, the parent’s income for 1st January 2001 to 5th April 2001 shall be treated as income for the financial year ending on the latter date and for the period from 6th April 2001 to 31st December 2001. The latter period shall be treated as a financial year notwithstanding that it is less than 12 months in duration.