Education (Grants
and Allowances) (Jersey) Order 2018
part 1
INTERPRETATION
1 Interpretation
In this Order –
“1961 Law” means the Income Tax (Jersey) Law 1961;
“academic year” means a period of 12 months
beginning on 1st September;
“dependent student” is construed in accordance with
Article 2;
“distance learning course” has the meaning in Article 11(3);
“higher education” does not include a course
described in paragraph 1(b) of Schedule 2 to the Law except as
provided for in Article 9;
“income”, in respect of a person (“first person”),
means the person’s profits, gains, salaries, fees, wages and perquisites
of any kind arising from any source, whether in Jersey or elsewhere, and
includes –
(a) any
income applied by another person, pursuant to a trust, for or towards the
maintenance, education, or other benefit, of the first person or of any other
person dependent on or maintained by the first person;
(b) any
amount payable, whether pursuant to an order of a court or any agreement, for
the maintenance of the first person or of any other person dependent on the
first person; and
(c) any benefit
or bonus or payment (however described) payable to or in respect of the first
person under any of the following Laws, including any Regulations or Orders
made under those Laws –
(i) Social Security Hypothecs (Jersey) Law 2014,
(ii) Social Security (Jersey) Law 1974,
(iii) Income Support (Jersey) Law 2007,
(iv) Long-Term Care (Jersey) Law 2012;
“independent student” is construed in accordance with
Article 2;
“Law” means the Education (Jersey) Law 1999;
“level”, in respect of a qualification
relating to a course in education, means a qualification level specified in the
qualifications framework for England, Wales and Northern Ireland on a web-site
maintained by the United Kingdom government;
“main
residence” means, in respect of
a student who is resident at more than one address in Jersey, the address at
which the student spends the most time in Jersey or, if the student spends
equal time at more than one address in Jersey, the residential address given in
an application for a grant or allowance;
“parent”, in relation to a student, means the
student’s natural parent except when the student has an adoptive parent
when it means the adoptive parent;
“relevant assets”, in respect of a student and for an
academic year, means the assets, as at the end of the calendar year preceding
the calendar year in which the academic year commences, of the parties whose
incomes are taken into account (and not completely disregarded) in assessing
the relevant income of the student, not including any asset that is a principal
residence of any such party;
“relevant date”, for an academic year, means
31st August immediately preceding the commencement of the academic year;
“relevant income”, in respect of a student and for an
academic year, means the amount determined in accordance with Articles 4,
5 or 6;
“relevant person” is construed in accordance with Article 5(2);
“resident” is construed in accordance with Article 3;
“student”, in respect of an application for a grant or
allowance, includes a person intending to become a student;
“tuition fees” means all fees payable to an institution
relating to the provision of a course, including fees for admission,
registration, matriculation, tuition, examinations, validation and graduation.
2 Dependent
and independent students
(1) A student is an
independent student in respect of an academic year if, on or before the relevant
date for that year, the student –
(a) has
attained the age of 25 years;
(b) is
married or in a civil partnership and has attained the age of 21 years; or
(c) has
been living financially independently of his or her parents for at least
3 years before the first academic year of the student’s course.
(2) A student who is not an
independent student is a dependent student.
3 Meaning of “resident”
(1) An independent student
is resident in Jersey if, on the relevant date for the first academic year of the
student’s course, the student –
(a) is
ordinarily resident in Jersey; and
(b) has
been so resident –
(i) for at least one
year, if the student has Entitled status under the Control of Housing and Work (Jersey)
Law 2012, or
(ii) for
at least 5 years.
(2) Despite paragraph (1),
if the residential qualification set out in that paragraph is not met in
respect of a student solely because the student is or was temporarily employed
outside Jersey, that period of employment may be counted as a period of
ordinary residence in Jersey.
(3) A dependent student is
resident in Jersey if, on the relevant date for the first academic year of the
student’s course, the student and his or her parents –
(a) are
all ordinarily resident in Jersey; and
(b) have
been so resident –
(i) for at least one
year, if any one or more of them has Entitled status under the Control of Housing and Work (Jersey)
Law 2012, or
(ii) for
at least 5 years.
(4) Despite paragraph (3) –
(a) if a
student is ordinarily resident with only one parent, only the ordinary
residence of that parent is taken into account for the purposes of paragraph (3);
and
(b) if
the residential qualification set out in paragraph (3) is not met in
respect of a student solely because a parent is or was temporarily employed
outside Jersey, that period of employment may be counted as a period of
ordinary residency in Jersey for both the parent and the student.
(5) Despite paragraphs (1)
and (3), a student may be regarded as resident in Jersey if it would be unfair
in the circumstances of a particular case not to so regard him or her.
4 Meaning
of relevant income of dependent student
(1) This Article applies where –
(a) a
dependent student does not live in his or her main residence in Jersey with a
parent and a relevant person; or
(b) a
dependent student lives in his or her main residence in Jersey with a parent
and a relevant person and that parent and the student’s other parent have
agreed that the student’s relevant income should be determined in
accordance with this Article.
(2) The relevant income in
respect of a dependent student for an academic year is the gross income of the
student’s parents for the calendar year preceding the calendar year in
which the academic year commences.
(3) If a parent dies during
an academic year, the amount of that parent’s income taken into
consideration for the academic year is reduced by a portion equivalent to the
unexpired portion of the academic year.
(4) If, as the result of an
event beyond the control of the parents, the parents’ income for the
calendar year in which the academic year for the course commences is likely to
be 80% or less of their income for the preceding calendar year, the relevant
income of the student may be determined by reference to the parents’
gross income for the calendar year in which the academic year for the course
commences.
(5) The income of a parent
is disregarded if –
(a) the
parent dies before the commencement of the academic year;
(b) the
parent cannot be found, or it is not reasonably practicable to get in touch
with the parent; or
(c) the
student is the subject of any order committing the student to the care of the
Minister for Health and Social Services made under the Children (Jersey) Law 2002 or, before attaining full
age, was so subject.
(6) The whole or any part
of the income of a parent may be disregarded if the family circumstances of the
student are such that it would be unfair to the student not to do so.
5 Meaning
of relevant income of dependent student living with “relevant person”
(1) This Article applies in
the case of a dependent student who lives in his or her main residence in
Jersey with a parent and a relevant person unless Article 4(1)(b) applies.
(2) A “relevant
person” is, for the purposes of Article 51(e)(iii) of the Law
(grants and loans) , a person who –
(a) is
not a parent of the dependent student;
(b) is
married to, or is in a marriage-like relationship with that student’s
parent or has formed a civil partnership, or is in a civil partnership-like
relationship with that student’s parent; and
(c) is living
with a parent of that student.
(3) The relevant income for
an academic year in respect of a dependent student is the sum of the gross income
of the student’s parent and the gross income of the relevant person for
the calendar year preceding the calendar year in which the academic year
commences.
(4) For the purposes of
determining a relevant person’s income, there is deducted any amount
payable by the relevant person, whether pursuant to an order of a court or any
other agreement, for the maintenance of any person dependent on the relevant
person.
(5) In paragraph (4)
the reference to “any person dependent on the relevant person” does
not include the dependent student to whom this Article applies or the parent with
whom he or she is living.
(6) If the relevant person
dies during the academic year, the amount of that person’s income which
has been applied for the purposes of calculating the dependent student’s
relevant income for an academic year under paragraph (3), is reduced by a
portion equivalent to the unexpired portion of that academic year.
(7) The income of a
relevant person is disregarded if –
(a) the
relevant person dies before the commencement of the academic year; or
(b) the
student is the subject of any order committing the student to the care of the
Minister for Health and Social Services made under the Children (Jersey) Law 2002 or, before attaining full
age, was so subject.
6 Meaning
of relevant income of independent student
(1) The relevant income in
respect of an independent student for an academic year is the sum of –
(a) the
student’s gross income for the calendar year in which the academic year
starts; and
(b) if –
(i) the student is
married, the student’s spouse’s gross income for the calendar year
in which the academic year starts,
(ii) the
student is in a civil partnership, the student’s civil partner’s
gross income for the calendar year in which the academic year starts, or
(iii) the
student is living with a partner in a marriage-like relationship or a civil
partnership-like relationship, the student’s partner’s gross income
for the calendar year in which the academic year starts.
(2) Despite paragraph (1)(b),
the income of a student’s spouse or civil partner, as the case may be, is
not taken into account during any part of the calendar year when the student is
not married or in a civil partnership, or is not living in a married
relationship or in a civil partnership relationship.
part 2
ELIGIBILITY FOR GRANT
7 General
rules for eligibility
(1) A student is not
eligible for consideration for a grant under this Part unless –
(a) the
student is resident in Jersey; and
(b) on
the relevant date for the first academic year of the course to be undertaken by
the student, the student is over compulsory school age.
(2) A student who has
undertaken the whole or part of a course for which a grant is available is not
eligible to be considered for a grant of the same description in respect of
another course at or beneath the level of the original course whether or not
the student received a grant for the original course or part of it.
8 Higher
education
(1) A student is eligible
for consideration for a grant for a course in higher education if he or she has
attained –
(a) one
A-level or an equivalent qualification, for any of the following –
(i) a course for a
Higher National Diploma or Higher National Certificate or an equivalent
qualification, or
(ii) a
one year course at level 3 in an arts-related subject in the British
Islands; or
(b) two
A-levels or an equivalent qualification for any other course.
(2) A student who has
satisfactorily completed a course for a Higher National Diploma or an
equivalent qualification is eligible for consideration for a grant for a
two-year course at first degree level.
(3) Notwithstanding
paragraphs (1) and (2), a student is eligible for consideration for a
grant for a course in higher education if –
(a) the
student is an independent student; and
(b) the
institution providing the course confirms that the student has been offered a
place on the course.
(4) A student who has
received a grant under Article 9 (professional examinations) is not
otherwise eligible for consideration for an award of a grant for a course in
higher education.
(5) A student who has
received a grant under Article 11 (distance learning) is not otherwise
eligible for consideration for an award of a grant for a course in higher
education except under Article 9.
9 Professional
examinations
(1) A student is eligible
for consideration for a grant in respect of a full-time course of postgraduate
education in preparation for a professional examination at a higher level.
(2) For the purpose of
paragraph (1), “professional examination at a higher level”
has the same meaning as in paragraph 1(g) of Schedule 2 to the Law
(course of higher education).
10 Vocational
arts
A student is eligible to be considered for a grant for a one year
course at level 3 in an arts-related subject in the British Islands
provided that the student has not previously been awarded a grant for a course
in higher education under this Part.
11 Distance
learning
(1) A student is eligible
for consideration for a grant in respect of a distance learning course.
(2) A student is not
eligible for consideration for a grant under this Article if the student has
already been awarded a grant for a course in higher education under this Part.
(3) A “distance
learning course” is a course in respect of which a student is not
required to attend a particular place for its provision.
PART 3
AMOUNT OF GRANT
12 Interpretation
In this Part –
“applicable maintenance grant” means, in respect of a
student, the amount specified under the heading “maintenance” in
Table A that is in the same row as the student’s relevant income
band;
“applicable tuition fees grant” means, in respect of a
student, the amount specified under the heading “tuition fees” in
Table A that is in the same row as the student’s relevant income
band;
“applicable total amount” means, in respect of a
student, the amount specified under the heading “total amount” in
Table A that is in the same row as the student’s relevant income
band;
“student’s relevant income band”, means, in
respect of a student, the entry in the column headed “relevant income per
year” in Table A specifying the band of relevant income within which
the student’s relevant income falls;
“Table A” means Table A in Article 13.
13 Amount
of grant
Subject to Articles 14 to 20, the amount of a grant that
may be awarded to a student in respect of an academic year of a course is whichever
of paragraph (a) or (b) is lower –
(a) the total amount
of –
(i) the
tuition fees charged for that year, and
(ii) the
applicable maintenance grant; or
(b) the applicable total
amount.
|
TABLE A
AMOUNT OF GRANT (OTHER THAN FOR DISTANCE LEARNING COURSE)
|
|
Relevant income per year
|
Grant per academic year
|
|
Tuition Fees
|
Maintenance
|
Total
|
|
less than £50,000
|
£9,250
|
£7,500
|
£16,750
|
|
£50,000 or more but less than £60,000
|
£9,250
|
£6,000
|
£15,250
|
|
£60,000 or more but less than £70,000
|
£9,250
|
£4,500
|
£13,750
|
|
£70,000 or more but less than £80,000
|
£9,250
|
£3,000
|
£12,250
|
|
£80,000 or more but less than £90,000
|
£9,250
|
£1,500
|
£10,750
|
|
£90,000 or more but less than £100,000
|
£9,250
|
£0
|
£9,250
|
|
£100,000 or more but less than £110,000
|
£9,250
|
£0
|
£9,250
|
|
£110,000 or more but less than £120,000
|
£8,325
|
£0
|
£8,325
|
|
£120,000 or more but less than £130,000
|
£7,400
|
£0
|
£7,400
|
|
£130,000 or more but less than £140,000
|
£6,475
|
£0
|
£6,475
|
|
£140,000 or more but less than £150,000
|
£5,550
|
£0
|
£5,550
|
|
£150,000 or more but less than £160,000
|
£4,625
|
£0
|
£4,625
|
|
£160,000 or more but less than £170,000
|
£3,700
|
£0
|
£3,700
|
|
£170,000 or more but less than £180,000
|
£2,775
|
£0
|
£2,775
|
|
£180,000 or more but less than £190,000
|
£1,850
|
£0
|
£1,850
|
|
£190,000 or more but less than £200,000
|
£925
|
£0
|
£925
|
|
£200,000 or more
|
£0
|
£0
|
£0
|
14 Clinical
courses
(1) In
this Article –
“clinical year” means an academic year that forms part
of a course in medicine, dentistry, veterinary science, or a related subject
and includes a period of study by way of clinical training;
“non-clinical year” means a year that is not a clinical
year.
(2) For a clinical year of
a course falling within paragraph (3), the amount of grant that may be
made to a student in respect of tuition fees is such amount as the Minister
considers appropriate, provided that it is not less than the applicable tuition
fees grant, and the applicable total amount is adjusted accordingly.
(3) A course falls within
this paragraph if –
(a) at
least one clinical year and at least one non-clinical year form part of the
course;
(b) the
actual cost of tuition fees for a non-clinical year exceeds the applicable
tuition fees grant; and
(c) the
actual cost of tuition fees for a clinical year exceeds the applicable tuition
fees grant by an amount which appears disproportionate to the Minister in
relation to any other course in medicine, dentistry, veterinary science or a
related subject.
(4) For a clinical year of
a course that does not fall within paragraph (3), the applicable tuition
fees grant is increased to the actual cost of tuition fees for that year and
the applicable total amount is adjusted accordingly.
15 Courses
in medicine, dentistry, nursing or veterinary science
Where, in relation to a student, the relevant income is less than
£100,000 the applicable maintenance grant for a course in medicine,
dentistry, nursing or veterinary science is increased by £1,000 and the
applicable total amount is increased accordingly.
16 Arts
foundation courses
The applicable tuition fees grant for a one year course at
level 3 in an arts-related subject is limited to the actual cost of
tuition fees for an equivalent course provided by Highlands College, Jersey and
the applicable total amount is adjusted accordingly.
17 Distance
learning courses
In the case of a distance learning course, Article 13 does not
apply and the distance learning grant for a student is the percentage of the
tuition fees specified in Table B in Column 2 opposite the entry in
Column 1 specifying
the band of relevant income within which the student’s relevant income
falls.
|
TABLE B
GRANT FOR A DISTANCE LEARNING COURSE
|
|
Column 1
Relevant income per year
|
Column 2
Percentage of tuition fees reimbursed
|
|
1.
|
Not more than £50,000
|
80%
|
|
2.
|
£50,000 or more but less than £55,000
|
60%
|
|
3.
|
£55,000 or more but less than £60,000
|
40%
|
|
4.
|
£60,000 or more but less than £65,000
|
20%
|
|
5.
|
£65,000 or more
|
0%
|
18 Relevant
assets exceeding £500,000
Where the value of the relevant assets in respect of a student
exceeds £500,000, the relevant income in respect of the student is deemed
to be £200,000 or more for the purposes of Table A.
19 Reduction
of grant to take account of child allowance
(1) In this
Article –
(a) “Article 95(1)(b)
or (2)” means Article 95(1)(b) or (2) (children) of
the 1961 Law;
(b) “entitlement”
means, subject to paragraph (2), a person’s entitlement in a
relevant year in respect of a relevant student to an exemption threshold
increase and deduction under Article 95(1)(b) or (2), including
entitlement under any other provision in the 1961 Law which arises by
virtue of an entitlement under Article 95(1)(b) or (2);
(c) “relevant
student” means a dependent student for an academic year in respect of
which an application for a grant is made;
(d) “relevant
year” means the calendar year for which the relevant income in respect of
the relevant student is calculated under this Order;
(e) “person A”
means a person who, for all or part of a relevant year, has an entitlement.
(2) For the purposes of
paragraph (1)(b) a person’s entitlement does not
include –
(a) entitlement
which the person has relinquished under Article 95(2) of
the 1961 Law;
(b) any
portion of that entitlement to which another person is entitled following
apportionment under Article 95 of the 1961 Law; or
(c) entitlement
which arises under Article 98A of the 1961 Law (additional
allowance in respect of children).
(3) Paragraph (4)
applies if –
(a) person A
is a relevant person who is married to or in a civil partnership with the
student’s parent and the student’s relevant income is calculated
under Article 4 or 5;
(b) person A
is a relevant person who –
(i) is
not married or in a civil partnership with the student’s parent,
(ii) lives
in the student’s main residence in Jersey,
and the student’s relevant income is calculated under Article 5;
(c) person A
is a parent of the student and the student’s relevant income is
calculated under Article 4;
(d) person A
is a parent of the student who lives with the student in the student’s
main residence in Jersey and the student’s relevant income is calculated
under Article 5.
(4) Subject to paragraph (7),
the applicable tuition fees grant payable to a dependent student is reduced by
A – B where –
(a) A is
the amount of person A’s tax liability for a relevant year calculated
without taking into account the amount of person A’s entitlement;
(b) B is
the amount of person A’s tax liability for a relevant year
calculated taking into account the amount of person A’s entitlement.
(5) If more than one person
meets a description of person A in respect of a student, the applicable
tuition fees grant payable to the student is reduced by each amount calculated
under paragraph (4) in respect of each person A.
(6) Subject to paragraph (7),
where the applicable tuition fees grant is reduced under paragraph (4),
the applicable total amount is reduced accordingly.
(7) Where the amount of
A – B under paragraph (4) is greater than the applicable
tuition fees grant, the applicable tuition fees grant is £0.
20 Reduction
of grant in respect of 4 year courses
(1) This Article does not
apply to a distance learning course or to a 4 year course in higher
education where for one year of the course all students attending that course
are required to attend a place other than the institution which they are
required to attend for the other 3 years of the course.
(2) Subject to paragraph (1),
this Article applies to the amount of grant awarded for a 4 year course in
higher education.
(3) The amount of
applicable tuition fees grant and the applicable maintenance grant are each
reduced by 25% and the applicable total amount is adjusted accordingly.
(4) Where the applicable
tuition fees grant is reduced under Article 19 (reduction of grant to take
account of child allowance), the reduction in the amount of applicable tuition
fees grant under paragraph (3) must, in respect of the applicable tuition
fees grant, be applied to the amount of the applicable tuition fees grant
calculated after taking into account the reduction under Article 19.
PART 4
ALLOWANCES
21 Skills
bursary allowance
(1) A
student is eligible for consideration for an allowance in respect of a
full-time course in a place other than in Jersey if –
(a) on
the relevant date for the first academic year of the course to be undertaken by
the student, the student has not attained 19 years of age;
(b) either –
(i) an equivalent
course is not available in Jersey, or
(ii) an
equivalent course is available in Jersey and –
(A) it is a
requirement of the institution providing the course outside Jersey that the
student receives training for the development of a skill or takes part in other
opportunities for such development, and
(B) the
equivalent of such training or opportunities is not available in Jersey; and
(c) upon
successful completion of the course the student will gain a level 2
or 3 qualification.
(2) The
allowance payable under this Article is £6,675 per academic year.
22 Interview
attendance allowance
(1) A student may be paid
an allowance to attend an interview for a course of higher education.
(2) A student must not be
paid more than one interview attendance allowance.
(3) The amount paid is
repayable as a debt if a student –
(a) is
paid an interview attendance allowance; and
(b) is
subsequently found not to be eligible to be awarded a grant for that course by
reason of relevant income.
(4) The interview
attendance allowance for a student is the actual travel costs to be incurred by
the student for the purposes of attending the relevant interview, subject to a
maximum of £258.
(5) However, where the
relevant income is £50,000 or more, the interview attendance allowance is
£0.
23 Disabled
student allowance
(1) A student with a
disability who is eligible for a grant under Articles 7 and 8 or a
skills bursary allowance under Article 21 may be paid a disabled student
allowance.
(2) Subject to paragraphs (4)
to (7), the allowance may be awarded in respect of all or part of any costs
that are referred to in paragraph (3) and are incurred by the student, by
virtue of his or her disability, to attend and undertake his or her course
(regardless of whether he or she has been awarded a grant or allowance for it).
(3) The costs
are –
(a) the
costs of the services of a non-medical helper;
(b) the
cost of purchasing or hiring specialist equipment; and
(c) any
other reasonable costs, other than travel costs.
(4) The allowance in
respect of the costs of the services of a non-medical helper is the amount of
the actual costs subject to a maximum amount equivalent to the costs for
providing such services for an hour during each week of the course.
(5) The maximum amount referred
to in paragraph (4) may be waived in exceptional circumstances where the
Minister thinks it appropriate to do so.
(6) The allowance in
respects of the cost referred to paragraph (3)(b) is payable only if the
relevant income applicable to a student is less than £90,000 per year.
(7) The allowance for the
costs of purchasing or hiring specialist equipment is the amount of the actual
costs subject to a maximum of £5,151.
24 Vacation
study allowance
(1) A student who has been
awarded a grant for a course in higher education may be paid a vacation study
allowance if paragraph (2) applies.
(2) This paragraph applies
if the institution providing the course in respect of which the grant was
awarded confirms that attendance outside term time at that institution or
another institution is a requirement for all students attending the course.
(3) The amount of the
allowance must not exceed –
(a) £18.11
a day if the institution attended by the student outside term time is in the
British Islands; or
(b) £22.24
a day if it is elsewhere.
(4) An allowance must not
be paid under this Article unless –
(a) an
application that complies with Article 26 (Applications for grants and
allowances) has been made for the allowance before the student attends for the
vacation study; or
(b) the
student satisfies the Minister that there is an exceptional reason why an
application that complies with Article 26 has not been made before that
time.
25 Field
trip allowance
(1) A student who has been
awarded a grant for a course in higher education may be paid an allowance if
paragraph (2) applies.
(2) This paragraph applies
if –
(a) the
student attends during term time a place for a specific purpose designed to
enhance the benefit of the course (attendance by such a student being referred
to in this Article as a “field-trip”);
(b) the
place referred to in sub-paragraph (a) is other than at the institution
providing the course in respect of which the grant was awarded;
(c) the
institution providing the course in respect of which the grant was awarded
confirms that it is not a requirement for all students attending the course to
participate in the field-trip.
(3) The amount of the
allowance must not exceed, for each day that the student does so attend,
whichever is the lower of –
(a) £18.11
a day if the place is in the British Islands, or £22.24 a day if it is
elsewhere; or
(b) the
amount reasonably incurred by the student as expenses in attending the field
trip, that are in addition to the expenses incurred by the student in attending
his or her course.
(4) An allowance must not
be paid under this Article unless –
(a) an
application that complies with Article 26 (applications for grants and
allowances) has been made for the allowance before the student attends the
field trip; or
(b) the
student satisfies the Minister that there is an exceptional reason why an
application that complies with Article 26 has not been made before that
time.
part 5
GENERAL PROVISIONS FOR GRANTS AND ALLOWANCES
26 Applications
for grants and allowances
(1) An application for a
grant or an allowance must be made –
(a) in
the case of a dependent student, by the student’s parents or, where the
student is ordinarily resident with one parent, that parent;
(b) in
the case of an independent student, by the student; and
(c) not
later than 31st December of the academic year to which the application
relates.
(2) An application for a
grant or an allowance must be accompanied by –
(a) proof
of eligibility for consideration for the grant or allowance;
(b) subject
to paragraph (3) details of relevant income and relevant assets; and
(c) in
the case of an application for a disabled student allowance, medical evidence
in respect of the disability, such evidence having been obtained by a person
authorized by an administration of the States for which the Minister is
assigned responsibility; and
(d) such
evidence as the Minister requires to determine any question connected to an
application by a parent of a dependent student who is living with a relevant
person.
(3) The details of relevant
income and relevant assets referred to in paragraph (2)(b) must be
submitted in such form as the Minister may require by not later than
31st March of the academic year to which the application relates.
(4) Consideration of an
incomplete application must be suspended until all the necessary supporting
evidence has been supplied.
(5) A student may be
required to produce evidence of expenditure for which a grant or allowance has
been, or is to be, awarded or paid.
(6) If –
(a) a
person provides information to establish the eligibility of a student for
consideration for a grant or an allowance, or to calculate the amount of a
grant or an allowance; and
(b) the
facts on which the information was based change so that the information is no
longer accurate,
the person must, as soon as practicable, provide details of the
change together with such other evidence of the change as the Minister
requires.
(7) If an application for a
grant or an allowance is refused in whole or in part, the applicant must be
given written notice of the reasons for the refusal.
27 Information
provided by the Comptroller of Taxes
(1) The Comptroller of
Taxes may use information held by him or her under the 1961 Law for
the purpose of calculating the amount of any reduction required under Article 19
(reduction of grant to take account of child allowance).
(2) The Comptroller of
Taxes may disclose to the Minister information relating to that calculation and
any other information held by the Comptroller of Taxes under
the 1961 Law for the purpose of enabling the Minister to ascertain or
verify the correct amount of a grant or allowance that may be awarded under
this Order, including enabling the Minister to verify the accuracy of any
information provided by an applicant to the Minister under Article 26.
28 Period
of grant or allowance
(1) An award of a grant or
the payment of an allowance normally ends when the course to which it relates
would ordinarily be completed.
(2) However, a grant or an
allowance may be transferred from one course to another.
(3) A transfer from one
course to another means –
(a) a
transfer from one course to another where both courses are run by the same
institution; or
(b) a
transfer from a course run by one institution to the same course run by another
institution.
(4) Paragraph (5)
applies where –
(a) a
grant or an allowance is transferred from one course to another course; and
(b) all
or any part of the course from which the student has transferred is not treated
by the institution running the second course as forming part of the second
course.
(5) The student is not
eligible for the grant or allowance in respect of the duration of all or any
part of the first course that does not form part of the second course.
(6) Despite paragraph (1),
an award of a grant or the payment of an allowance may be extended
if –
(a) because
of ill health or other extenuating circumstances, the student does not complete
the course within the period ordinarily required; and
(b) sufficient
evidence of the ill health or the extenuating circumstances is provided to the
Minister.
(7) A grant or allowance
may be suspended or deferred if –
(a) the
institution running the course allows the student to suspend or defer the
course for a continuous period not exceeding 2 years; and
(b) the
student or the institution notifies the Minister in writing of the suspension
or deferral of the course.
(8) The suspension or
deferral under paragraph (7) may continue until whichever is the soonest
of the following –
(a) the
date on which the student resumes the course, when the grant or allowance may
be reinstated, with the period of suspension or deferral being disregarded for
the purpose of paragraph (1);
(b) the
date on which the grant or allowance is withdrawn or stopped under Article 29,
or is withdrawn under Article 33; or
(c) the
date 2 years after the start of the suspension or deferral, when the grant
or allowance may be withdrawn or stopped.
29 Withdrawal
of grant or allowance in cases of failure etc.
If, at any time after a grant has been awarded or an allowance has
been paid to a student in respect of a course –
(a) the student abandons
the course;
(b) the student fails all
or any part of the course; or
(c) the institution
providing the course refuses to allow the student to complete it,
that grant or allowance must be withdrawn or stopped and the grant
or allowance is repayable under the terms of the undertaking given under
Article 31.
30 Payment
of grant or allowance
A grant or an allowance in respect of a course may be the subject of
any of the following –
(a) payment in instalments;
(b) provisional payment
pending determination of the amount payable to the student for an academic
year;
(c) payment to the
institution providing the course.
31 Undertaking
to repay grant or allowance
(1) An award of a grant or
the payment of an allowance in respect of a course must not be made until the
student or, where the student is under the age of 18, one of the
student’s parents, gives a written undertaking –
(a) to
repay any overpayment of the grant or allowance; and
(b) to
repay the whole or any part of the grant or allowance if it is withdrawn or
stopped under Article 29; or
(c) to
repay, if required, the whole or any part of the grant or allowance if it
is –
(i) withdrawn or
stopped under Article 28(8)(c), or
(ii) withdrawn
under Article 33.
(2) An undertaking to repay
a grant or allowance may be waived if sufficient evidence of the
student’s ill health or other extenuating circumstances is provided.
32 Reduction
of grant or allowance where not in full-time attendance
(1) This Article applies
if, for any part of an academic year, in respect of a full-time course, a
student is not in full-time attendance –
(a) at
the institution at which the relevant course is undertaken; or
(b) at
any other place that the student is required, by that institution, to attend.
(2) The amount of any grant
or allowance that would otherwise be payable to the student must be reduced by
a portion equivalent to the portion of the academic year for which the student
is not in full-time attendance.
33 Grant
or allowance may be suspended or withdrawn
(1) At any time after a
grant has been awarded or an allowance has been paid to a student in respect of
a course, that grant or allowance may be suspended or withdrawn if –
(a) it
appears to the Minister that any evidence, document or information required
under Article 26 (applications for grants and allowances) is inaccurate,
false or misleading, and is connected with an attempt by any person to mislead
the Minister in relation to his or her decision to award the grant or pay the
allowance;
(b) the
student is temporarily excluded from a course by the institution running it, or
is absent from a course without the permission of the institution; or
(c) details
of a change required to be provided under Article 26(6) in respect of the
student have not been provided.
(2) Where a grant is
suspended or withdrawn under paragraph (1), the grant or allowance may be
repayable under the terms of the undertaking given under Article 31.
34 Appeals
panel
(1) There is established a
panel to hear and determine appeals against decisions made under this Order.
(2) Its members
are –
(a) the
Chief Officer, or an officer nominated by the Chief Officer, in an
administration of the States for which the Minister is assigned responsibility;
(b) the
Minister or a person nominated by the Minister; and
(c) a
person, nominated by the Minister, who is independent of any administration of
the States for which the Minister has been assigned responsibility.
(3) When hearing an appeal
the panel must not include a person involved in making the decision appealed
against.
(4) A person aggrieved by a
decision made under this Order may appeal to the panel against the decision.
(5) An appeal under
paragraph (4) may only be made if either or both of the following are
disputed –
(a) the
facts upon which the decision was based; or
(b) the
law applied in reaching the decision.
(6) The appeal –
(a) must
be made in writing; and
(b) must
be made within 2 months after the student is informed of the decision, or
within such further period as the panel may allow having regard to the
circumstances.
(7) The panel
may –
(a) confirm
the original decision;
(b) quash
the decision; or
(c) substitute
for the decision any decision that could have been made under this Order.
part 6
Repeals, TRANSITIONAL and Savings provisions
AND CLOSING
35 Enactments repealed
(1) The Education (Discretionary
Grants – General) (Jersey) Order 2008 is repealed.
(2) The Education (Discretionary
Grants – Amounts) (Jersey) Order 2008 is repealed.
36 Transitional
and saving provisions
(1) Notwithstanding Article 35,
the Orders repealed by that Article (“repealed Orders”) are treated
as continuing in force in respect of any grant awarded or allowance paid under
those Orders for an academic year ending before 1st September 2018 to a
person who is not in receipt of a grant or allowance for that course for an academic
year starting on or after that date.
(2) Where a grant awarded
or allowance paid under the repealed Orders is for a course that started before
1st September 2018 and continues after that date –
(a) notwithstanding
Article 35, the repealed Orders are treated as continuing in force in
respect of any academic year ending before 1st September 2018;
(b) this
Order applies to each year of that course that starts on or after
1st September 2018;
(c) in
respect of any academic year starting on or after 1st September 2018,
any undertaking given under the repealed Orders is deemed to have been given
under this Order.
(3) An application made
before 1st September 2018 for a grant or allowance for a course for the
academic year starting 1st September 2018 is deemed to have been made
under this Order.
(4) The Minister may make
such award as he or she thinks appropriate if, as a result of the commencement
of the Education (Grants and Allowances) (Jersey) Order 2018, a student in
receipt of a grant or allowance for the academic year starting 1st September 2017
is awarded a grant or allowance for a course starting 1st September 2018
of a lower amount than he or she would have done if that Order had not come
into force.
37 Citation
This Order may be cited as the Education (Grants and Allowances)
(Jersey) Order 2018.