Statutory Instruments
2000 No. 1120
EDUCATION, ENGLAND AND WALES
The Education (Student Support) (Amendment) Regulations 2000
Made
18th April 2000
Laid before Parliament
19th April 2000
Coming into force
10th May 2000
The Secretary of State for Education and Employment, in exercise of the powers conferred on the Secretary of State by sections 22, 42(6) and 43(1) of the Teaching and Higher Education Act 1998( 1 ), hereby makes the following Regulations:—
1. These Regulations may be cited as the Education (Student Support) (Amendment) Regulations 2000 and shall come into force on 10th May 2000.
2. The Education (Student Support) Regulations 1999( 2 ) shall be amended as follows.
3. In regulation 2(1)—
(a) in the definition of “disability related benefit” after the words “disability working allowance” insert the words “or disabled person’s tax credit”.
(b) in the definition of “high cost country” for the words “countries of the former Soviet Union” substitute the words “the Commonwealth of Independent States”.
4. In regulation 15—
(a) in paragraph (1)(a)(iii) substitute for “£2,075” the figure “£2,980”;
(b) in paragraph (11)(a)—
(i) after the word “disability” insert the words “or incapacity”; and
(ii) omit the words after the words “is subject”.
5. —(1) In regulation 25(2)—
(a) after “Part IV” insert the words “other than a grant for dependants”;
(b) in sub-paragraph (a) after the word “grant” wherever it appears insert the words “other than a grant for dependants” and omit the words “if necessary”;
(c) for sub-paragraph (b) substitute the following sub-paragraph:
“ (b) where the student upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of grant for living costs (other than a grant for dependants) for which he is eligible in respect of any academic year in connection with the second course; ” ;
(d) After regulation 25(2) insert the following paragraph:
“ (2A) Any overpayment of grant for dependants under Part IV shall be recovered in such one or more of the following ways as the Secretary of State considers appropriate in all the circumstances:
(a) by subtracting the overpayment from any grant for dependants for which the student is eligible in respect of the academic year in question or for which he is eligible in respect of any other academic year;
(b) where a student upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of such grant for which he is eligible in respect of any academic year in connection with the second course; and
(c) by taking such other action for the recovery of a payment without statutory authority as is available to him. ” .
(2) In regulation 25(5)—
(a) for sub-paragraph (b) substitute the following sub-paragraph—
“ (b) where a student upon completion of his course immediately commences another course disregarding any intervening vacation by subtracting the overpayment from any payment of loan for which he is eligible in respect of any academic year in connection with the second course; ” .
6. In Schedule 1 for paragraph 3(a) there shall be substituted:
“ (a) (i) has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, or
(ii) before 1st July 1993 applied to the Secretary of State for the Home Department for recognition as a refugee and who has been informed by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow him to enter or remain in the United Kingdom, ” .
7. In Schedule 3 in paragraph 1(1)(p) after the words “family credit” insert the words “or working families' tax credit”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
18th April 2000
S.I. 1999/496 .