Explanatory note

These Regulations, which come into force on 1st September 2003 supersede the Education (Mandatory Awards) Regulations 2002 as amended (“the 2002 Regulations”).

provisions in these Regulations which differ from the corresponding provisions in the 2002 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 changes in the rates of fees, grants and allowances are described below.

The definition of “high cost country” in regulation 2(1) is omitted.

Regulation 2 defines and regulations 5 and 13 give effect to the Switzerland Agreement which provides that Swiss nationals are to be treated in the same way as EEA nationals.

Regulation 21(4) is amended to link the London grant rate for course attendance and work experience to the site of study or work experience rather than the location of the institution. It also provides that the London rate applies where at least half the aggregate course time in the academic year is at a site or sites within the London area as defined. The same paragraph applies one rate in relation to attendance at any overseas institution. Similar amendments have been made to paragraphs 2 and 5 of Schedule 2.

Schedule 2 is amended as follows. The definition of “dependants” in 12(1) has been amended to take account of children for whom the student or his spouse receive child tax credit under Part I of the Tax Credits Act 2002.

Paragraph 13(1) is amended to provide that a student may only be entitled to dependants requirement for an adult dependant whose net income does not exceed the prescribed amount or a spouse. Paragraph 13(2) sets out the amounts by which a student’s dependants requirement may be reduced or extinguished based on the aggregate of the net income of each of his dependants. A student will no longer be able to obtain an increase in his dependants requirement for children or travel, books and equipment.

Paragraph 14(1) has been amended to provide that where a student or his spouse has elected not to receive the child care element of the working tax credit under Part I of the Tax Credits Act 2002 the dependants requirement shall be increased in respect of child care costs.

A student will no longer receive an increase in dependants requirement for school meals or to help with the maintenance of a second home where his dependant or dependants reside but he does not.

Schedule 3 has been amended as follows. Paragraph 2(1) has been amended so that the definition of “financial year” no longer takes account of the transitional provisions relating to income tax legislation of the Republic of Ireland and the assessment of parental contribution which have been omitted from the Regulations.

Paragraph 4(1) provides that a parental contribution in respect of more than one child cannot exceed the parental contribution that would apply if only that child held an award. Paragraph 4(2) provides that the Secretary of State’s discretion to determine how to apportion the parental contribution shall only apply where a statutory award other than the Education (Student Support) (No.2) Regulations 2002 or section 63 of the Health Services and Public Health Act 1968 is held by any of the specified persons. Further the parental contribution is apportioned equally where sub-paragraph (4) does not apply subject to exceptions.