Explanatory note

These Regulations, which come into force on 1st September 1990, supersede the Education (Mandatory Awards) Regulations 1989 which are revoked (regulation 6(1)).

Provisions in these Regulations which differ from the corresponding provisions of the 1989 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 the rates of grant are described below.

Some changes have been made to the countries included in the definitions of high-cost, higher-cost and highest-cost countries (regulation 2).

New provisions have been inserted to deal with the position of students from other member states of the European Community, and of UK students who live in another member state of the Community, who attend designated courses in England and Wales (regulations 2, 7(2) and 13(1)(b)).

Student loans and payments from access funds are to be disregarded in assessing a student’s income (regulation 23(2)(a) and Schedule 3, paragraphs 1(1)(t) and 1(1)(u)).

Students who are taking part in the Articled Teachers Scheme will not be entitled to an award (regulation 23(3)).

The arrangements for payment of tuition fees have been amended so that most fees now become payable in termly instalments (regulation 24(2)). The maximum fee rates payable are also significantly increased (Schedule 1).

Additional allowances for disabled students are introduced (Schedule 2, paragraphs 12(2) and 12(3)).

Any child whose custodian the student is can now be treated as a dependant for the purpose of assessing a maintenance grant (Schedule 2, paragraph 14(1)).

Income received by the student under the LINGUA scheme is to be disregarded (Schedule 3, paragraph 1(1)(r)).

The qualifying period for disregarding the parental income of a student in care or the subject of a custodianship order has been reduced to three months (Schedule 3, paragraphs 3(c) and 3(e)).

The treatment of parental income where the parents have separated is brought into line with the treatment of income where one of the parents dies (Schedule 3, paragraphs 5(8)(a) and (b)).