Education (Student Support) (Amendment) Regulations 1999 c.2266

Education (Student Support) (Amendment) Regulations 1999 No. 2266

Summary:

These Regulations, made under the Teaching and Higher Education Act 1998 ("the Act"), come into force on 1st September 1999. They amend the Education (Student Support) Regulations 1999 ("the Student Support Regulations"). Provision is made to ensure that persons entitled to non-means tested benefits under the Health and Personal Social Services (Northern Ireland) Order 1972 are not eligible for support under the Student Support Regulations (regulation 3). Fees in respect of which support is payable may not include fees which are not subject to a cap under section 28 of the Act (regulation 10(1) of the Student Support Regulations). Provision is made to ensure that support cannot be paid in respect of fees which are prescribed as not being subject to the cap under section 28(1)(e) of the Act (regulation 4(1)). Provision is made to ensure that persons entitled to means tested benefits under the Health and Personal Social Services (Northern Ireland) Order 1972 are not eligible for grant for fees (regulation 4(2)).
Provision has been made to ensure that institutions whose courses are designated by the Education (Student Support) (Dance and Drama) Regulations 1999 and who receive public funds indirectly from institutions within the higher education sector pursuant to arrangements under section 65(3A) of the Further and Higher Education Act 1992 will continue to attract fee support for their students at the private sector rate (regulation 5(f)). Students over the age of 55 are not eligible for grants for living costs (regulation 12(1) of the Student Support Regulations). The paragraph has been deleted, and the requirement inserted in relation only to grants for dependents and grants for travel. This ensures that disabled students will be eligible for grants for certain expenditure regardless of their age (regulations 6(1), 7(1) and 8). Provision is made to ensure that persons entitled to means tested benefits under the Health and Personal Social Services (Northern Ireland) Order 1972 are not eligible for grants for living costs (regulation 6(2)). Regulation 15(2) of the Student Support Regulations has been replaced (regulation 7(2)). The aggregate grant for dependants is reduced by the figure representing the aggregate of the income of all the student's dependants other than those whose income exceeds specified maxima minus the number of those dependants multiplied by �905. Regulation 15(11)(f) of the Student Support Regulations has been amended so that payments to children of a dependant under an order under section Schedule 1 to the Children Act 1989 are not disregarded in calculating the dependant's net income (regulation 7(4)). Regulation 18(12) of the Student Support Regulations has been replaced (regulation 9). Students receiving means tested National Health Service bursaries are eligible for loans for living costs at approximately half the full rate, but are not eligible for enhanced rates when studying overseas at high or higher costs countries. They, and other students who are eligible for loans for living costs at approximately half the full rate, are not eligible for loans for extra weeks' attendance. Regulation 19(7) of the Student Support Regulations has been amended to allow a student to apply for an increased amount of loan at any time after he has made a first application, not just after he has received the first instalment of his loan (regulation 10). Regulation 20 of the Student Support Regulations has been amended so that students may receive hardship loans which are �100 or any multiple of �100 up to �500 (regulation 12(1)). The only criterion now applied in determining the loan the student should have is hardship (regulation 11(2)). The provisions of the Student Support Regulations requiring the payment of dependants' grants and loans for living costs in instalments have been qualified. Where the student is attending an overseas institution it will now be possible to consider payments in different numbers of instalments, and where the pattern of the student's attendance is unusual it will be possible to consider payments at different times. Where support is reduced as a result of non-attendance it will be possible to pay fewer instalments or instalments of differing amounts depending on the length and nature of the absence (regulation 12(4)). Paragraph 7 of Schedule 1 to the Student Support Regulations has been amended to ensure that not only a national of a European Community member state but a child of such a national is eligible for support for fees on the same basis as a United Kingdom national (regulation 13). A figure omitted in paragraph 1(a) of Schedule 3 to the Student Support Regulations has been inserted, and provision made to ensure that income treated as part of the income of an eligible student who is a parent under paragraph 1(5) of Schedule 3 is not disregarded under paragraph 1(1)(a) when determining his income (regulation 14(1)(a)). Paragraph 1(f) of Schedule 3 to the Student Support Regulations has been amended so that all disability and incapacity related benefits, taxable or not, are disregarded in determining the student's income (regulation 14(1)(b)). As a consequence reference to disability in paragraph 1(r) of the Student Support Regulations has been deleted (regulation 14(1)(d)). Paragraph 1(o) of Schedule 3 to the Student Support Regulations has been amended so that payments to children of a dependant under an order under section Schedule 1 to the Children Act 1989 are not disregarded in calculating the dependant's net income (regulation 14(1)(c)). In determining a parental contribution to a student's support additional income of the parent is to be disregarded. Where the student himself is eligible for support �890 shall be disregarded, and where the income is computed as for the purposes of the income tax legislation of another EU member state any income which is taxable in that state but would not be taxable in the United Kingdom may be disregarded (regulation 14(3)).

Made Under:

Teaching and Higher Education Act 1998 (C. 30) - sections 22, 42(6) and 43(1)

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