Explanatory note

These Regulations made under the Teaching and Higher Education Act 1998 (“the Act”), come into force on 10th May 2000. They further amend the Education (Student Support) Regulations 1999 (“the Student Support Regulations”).

On 5th October 1999, disability working allowance was replaced by disabled person’s tax credit and the definition of “disability related benefit” in regulation 2(1) has been amended accordingly (regulation 3(a)).

In the definition of “high cost country” in regulation 2(1) the new name “the Commonwealth of Independent States” for the “countries of the former Soviet Union” is substituted (regulation 3(b)).

Regulation 15(1)(a)(iii) is amended to provide an additional income disregard of £905 for an only or eldest child when assessing grants for dependants (regulation 4(a)).

Regulation 15(11)(a) is amended so that all disability and incapacity related benefits, whether taxable or not, are to be disregarded when determining a dependant’s net income (regulation 4(b)).

The provisions relating to the recovery of overpayments in regulation 25(2) and 25(5) are amended. Any overpayment of a grant for living costs (other than a grant for dependants) is recoverable by subtracting it from future payments of such grants for any academic year. Provision for recovery of overpayments of grants from loans under Part V is removed. Where a student has completed his course and immediately begins a second course, an overpayment of grant for living costs (other than a grant for dependants) in respect of the first course may be recovered from any such grant in respect of his second course. Separate provision is made for overpayments of grant for dependants (regulation 5(1)).

The provision for recovering loans from grants in regulation 25(5)(b) has been replaced by a provision to recover overpayments of loans from loans in respect of a course which the student begins immediately following completion of the course in respect of which the overpayment was made (regulation 5(2)).

Paragraph 3(a) of Schedule 1 has been amended so that a person (and the spouse, child or stepchild of such a person) who applied for refugee status before 1st July 1993, and who has been granted indefinite leave to enter or remain in the United Kingdom under the Backlog Clearance Measures will be eligible for financial support under the Regulations (regulation 6).

On 5th October 1999, family credit was replaced by working families' tax credit and paragraph 1(1)(p) of Schedule 3 has been amended accordingly (regulation 7).