Explanatory note

These Regulations, which come into force on the 1st September 1987, supersede the Education (Mandatory Awards) Regulations 1986. They also supersede the Education (Students' Dependants Allowances) Regulations 1983 (which are revoked) and now provide for payments in respect of the maintenance of all dependants formerly covered by those Regulations.

Provisions in these Regulations which differ from the corresponding provisions of the 1986 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 other than the changes in rates of grant are described below.

The USSR is added to the list of countries included in the definition of high-cost countries. References to independent students now include, in the case of students who start their course after 31st August 1987, students who have been married for at least three years before the first year (as defined) of their course and not as previously, before the start of their course (regulations 2 and 3).

The children of European Community migrant workers are now eligible for awards under the Regulations wherever in the United Kingdom the parent is employed (regulation 9(2)(c)(i)).

For the purpose of regulation 12 (exceptions relating to previous study) a person is only to be treated as having attended a course if he has attended a course for more than one term and seven weeks of a second term as opposed to the previous one term (regulation 12(10)). An award may now be transferred where (other requirements remaining the same) the requisite recommendation or consent is given before the expiry of four instead of two months from the end of the first year of the original course (regulation 14(2)(a)).

Payments made to the student’s spouse pursuant to an order under section 34 of the Children Act 1975 are to be disregarded in calculating the spouse’s income (paragraph 17(1)(f) of Schedule 2).

Changes have been made to Part 3 of Schedule 2 to reflect the fact that the Regulations now provide for all students with dependants (paragraphs 18, 19 and 20 of Schedule 2).

The increased requirements of older students now apply (in the case of those starting their course after the 31st August 1986) not only where the student has earned in the three years before the course at least £12,000 but also where he has, in that period, earned or received by way of taxable benefit sums totalling that amount. Corresponding changes have been made to provide for the case where a student has been on a previous course and earned or received similar amounts in benefit before that previous course (paragraph 21 of Schedule 2).

The disregard for scholarship income has been increased to such an extent that there is no longer any need for the provision of a separate higher disregard for industrial scholarship income which has been omitted (paragraph 1(1)(b) of Schedule 3).

There is a revised provision for ascertaining the parental contribution when a parent whose income would be taken into account for this purpose dies before or during the year in respect of which the student’s resources fall to be ascertained (paragraph 5(4) of Schedule 3).

Schedule 4, which provided for higher disregards and increased requirements in respect of dependants only in the case of independent students who had been married, now applies to all single students with dependants whether they have been married or not.