
1 
These Regulations may be cited as the Education (Student Support) (Amendment) Regulations (Northern Ireland) 1999 and shall come into operation on 1st September 1999.
2 
The Education (Student Support) Regulations 1999 shall be amended as provided in Regulations 3 to 13.
3 
In regulation 10(1)—
(a) in sub-paragraph (c) the word “and” shall be deleted;
(b) at the end of sub-paragraph (d) for the full stop there shall be substituted a semi-colon and after the semi-colon the word “and” shall be inserted; and
(c) after sub-paragraph (d) the following sub-paragraph shall be inserted—“
(e) fees which are prescribed under paragraph (e) of the definition of “fees” in Article 2(2) of the Order.”.
4 
In regulation 11—
(a) the existing provisions of the regulation shall be renumbered as Regulation 11(1); and
(b) after that paragraph the following paragraph shall be inserted—“
(2) For the purposes of paragraph (1) an institution which provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999 shall not be regarded as maintained or assisted by recurrent grants out of public funds by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992.”
5 
Regulation 12(1) shall be deleted.
6 

(1) In regulation 15(1) after the words “eligible student” the words “who satisfies the requirements set out in regulation 17(1)” shall be inserted.
(2) For Regulation 15(2) there shall be substituted the following paragraph—“
(2) The aggregate amount of grant under paragraph (1) shall be reduced by the difference between—
(a) the aggregate of the net income of each of the eligible student’s dependants whose net income does not exceed a maximum amount applicable under paragraph (1), if any, and
(b) £905 multiplied by the number of such dependants.”.
(3) In regulation 15(7) and (9) for the words “instalments of grant are paid” there shall be substituted in each case the words “support is payable”.
7 
In regulation 16(1) after the words “eligible student” the words “who satisfies the requirements set out in regulation 17(1)” shall be inserted.
8 

(1) In regulation 18(6) for the words “instalments of loans are payable” there shall be substituted the words “support is payable”.
(2) In regulation 18(8) for the words “instalments of loan are paid” there shall be substituted the words “support is payable”.
(3) For regulation 18(13) there shall be substituted the following paragraphs—“
(13) Where in relation to an academic year an eligible student is not eligible for a grant for living costs by virtue of regulation 12(3)(a) and (b) he shall be eligible for a loan for living costs under this regulation but—
(a) in paragraphs (1) and (2) there shall be substituted for any amount in column one below the amount specified opposite thereto in column two—

£ £
2,875 1,360
4,480 2,200
4,440 1,780
5,275 1,780
3,635 1,780
2,510 995
3,885 1,605
3,865 1,295
4,590 1,295
3,150 1,295
 and
(b) paragraphs (10) and (12) shall not apply.
(14) Where in relation to an academic year an eligible student is not eligible for a grant for living costs by virtue of regulation 12(3)(c) or 12(4) he shall be eligible for a loan for living costs under this regulation but—
(a) in paragraphs (1) and (2) there shall be substituted for the amounts in column one below the corresponding amounts in column two—

£ £
2,875 1,360
4,480 2,200
4,440 2,180
5,275 2,590
3,635 1,780
2,510 995
3,885 1,605
3,865 1,595
4,590 1,895
3,150 1,295
 and
(b) paragraphs (10) and (12) shall not apply.”.
9 
In regulation 19(7) for the words “who has received at least one instalment of a loan under this Part in respect of an academic year has not applied for” there shall be substituted the words “has applied for a loan less than”.
10 

(1) For regulation 20(2) there shall be substituted the following paragraph—“
(2) A hardship loan shall be £100 or a multiple thereof not exceeding £500.”
(2) In regulation 20(4) delete the words “On being satisfied that due to exceptional financial hardship an eligible student may not be able to continue to attend a course to which a loan under this part relates for the remaining part of the academic year in question”.
11 

(1) In regulation 24(2) the words “no instalment” shall be deleted and after the following word “shall” the word “not” shall be inserted.
(2) After the end of paragraphs (5) and (6) of regulation 24 the following words shall, in each case, be added—“
 ; and the amount of such support for the academic year shall be the aggregate of the support, if any, which is payable in respect of each quarter.”.
(3) In regulation 24(7) for the word “instalment” there shall be substituted the word “support”.
(4) After regulation 24(11) the following paragraphs shall be added—“
(12) Notwithstanding the above paragraphs, where—
(a) support referred to in paragraph (2) is payable in respect of a period of attendance at an overseas institution; and
(b) the Department considers that payment of the support in instalments in accordance with the above paragraphs may prejudice his admission to the overseas country or institution;
he may pay the support in such instalments, if any, as he considers appropriate.
(13) Notwithstanding the above paragraphs where the periods of attendance for a course are such that the payment of instalments during the quarters in respect of which the support is payable may cause the eligible student hardship the Department may pay the instalments at such other times as it considers appropriate.
(14) Notwithstanding the above paragraphs where by reason of the absence of the student—
(a) support referred to in paragraph (2) is reduced in accordance with paragraph (6); and
(b) the Department considers that the payment of such support in accordance with the above paragraphs would be inappropriate
it may pay such support in such number of instalments and in instalments of such amounts as it considers appropriate.”.
12 
In paragraph 7 of Schedule 1 after the words “European Community” the words “or the child of such a national” shall be inserted.
13 

(1) In paragraph 1 of Schedule 3—
(a) at the end of sub-paragraph (1)(a) the words “in each case other than any sum treated as income under sub-paragraph (5) shall be added”;
(b) in sub-paragraph (1)(f)—
(i) after the word “disability” the words “or incapacity” shall be inserted; and
(ii) there shall be deleted the words after the words “is subject”;
(c) in sub-paragraph (1)(r) for the words “disability to which the eligible student is subject, his” there shall be substituted the words “the eligible student's”.
(2) In paragraph 3(1)(a) of Schedule 3 delete the word “first” where it appears on the second occasion.
(3) In paragraph 6 of Schedule 3 the existing sub-paragraph (2)(h) shall be renumbered sub-paragraph (2)(i) and in the appropriate places in the same sub-paragraph there shall be inserted the following—“
(h) in the case of a parent who is an eligible student or who holds a statutory award, £890;
(j) where the parent’s income is computed as for the purposes of the income tax legislation of another member State, sums equivalent to any amounts which would not be treated as taxable income if that legislation made provision equivalent to the Income Tax Acts.”.
Sealed with the Official Seal of the Department of Education on
Neill Jackson
Assistant Secretary
31st August 1999.