Paragraph 3 Application of Part II

A parental contribution ascertained in accordance with this Part shall be applicable in the case of every student except—

(a)

an independent student;

(b)

a student in respect of whom the authority are satisfied either—

(i)

that his parents cannot be found; or

(ii)

that it is not reasonably practicable to get in touch with them;

(c)

a student who has been—

(i)

in the care of a local authority;

(ii)

provided with accommodation by a local authority under section 20 of the Children Act 1989^f1;

(iii)

in the care of a voluntary organisation within the meaning of section 88 of the Children Act 1975^f2; or

(iv)

accommodated by a voluntary organisation under section 59 of the Children Act 1989

throughout the three months immediately preceding—

(v)

the first year of his course; or

(vi)

without prejudice to sub-paragraph (v), his attaining the age of 18 years where he had attained that age before the first year of his course,

and has not, at any time in the said period, been allowed by the local authority to be under the charge and control of his parents or, in the case of a student who has been in the care of or accommodated by a voluntary organisation, has not, at any such time, in fact been under such charge and control;

(d)

a student whose parents are residing overseas where the authority are satisfied either—

(i)

that the assessment of a parental contribution would place those parents in jeopardy; or

(ii)

that it would not be reasonably practicable for those parents to send any such contribution to the United Kingdom;

(e)

a student who has been the subject of a custodianship order made under section 33 of the Children Act 1975 or a residence order made under section 8 of the Children Act 1989 in favour of a person who is not his parent…throughout the three months immediately preceding—

(i)

the first year of his course; or

(ii)

without prejudice to sub-paragraph (i), his attaining the age of 18 years where he had attained that age before the first year of his course;

(f)

where sub-paragraph (7) of paragraph 5 applies and the parent whom the authority considered the more appropriate for the purposes of that sub-paragraph has died.

Annotations

Footnotes

f1: 1989 c. 41.
f2: 1975 c. 72.