Explanatory note

These Regulations amend the Education (Mandatory Awards) Regulations 1998 (“the principal Regulations”). The principal Regulations provide for the bestowal of awards for courses beginning on or after 1st September 1998, and for payments pursuant to mandatory awards whenever bestowed. Subject to saving and transitional provisions the principal Regulations will be replaced by the Education (Mandatory Awards) Regulations 1999 on 1st September 1999. These amendments are therefore relevant to academic years beginning on or after 1st September 1998 and before 1st September 1999.

Regulation 17(2) of the principal Regulations provided that payments pursuant to transitional awards, which were bestowed in respect of most courses the first year of which began on or after 1st September 1998, should be made in respect of the first year of the course. The intention was that financial support for subsequent years should be provided pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998. Now that such regulations have been made (The Education (Student Support) Regulations 1999) it is not necessary to allow for the possibility that payments might be made after the first year of the course, and accordingly an amendment provides for such awards to be terminated after the first year (regulation 3).

An amendment ensures that incapacity benefit is disregarded in determining the income of a student, whether or not the benefit is taxable (regulation 4).

An amendment provides that modern language students employed for a period in a country which speaks a language of their course should be treated as sandwich students, whether or not the employment is paid (regulation 5).