Further memorandum from the Department
for Education and Skills
2002 (S.I. 2002/2086)
1. Following its meeting on 28th October 2002 the
Joint Committee on Statutory Instruments requested the Department
to submit a memorandum on the following points:
Regulation 6 refers to a person who has ceased
to be an "eligible teacher". Given the definition of
that expression in regulation 2(1), explain the circumstances
(other than under regulation 9(3)(a)) in which a person can cease
to be an eligible teacher. Should regulation 6 have referred to
a person who has ceased to be in eligible employment?
2. Eligibility for benefits under the Regulations
is set out in regulation 3. Therefore, the circumstances (other
than under regulation 9(3)(a)) in which a person can cease to
be an eligible teacher are:
(a) a person ceases to be in eligible employment
(regulation 3(1)(a) and (2)(a));
(b) a person ceases to have an outstanding loan (regulation
3(1)(c) and (2)(c)). For example a person makes voluntary repayments;
(c) a person is in breach of an obligation contained
in a loan agreement or in a statutory instrument under which the
loan was made. For example, a part-time eligible teacher with
loans made pursuant to the Education (Student Support) Regulations
2002 (made under section 22 of the Teaching and Higher Education
Act 1998) will remain liable to repay the proportion of the loans
for which he does not receive a reduction under these Regulations.
Therefore, if he goes into arrears then the Secretary of State
may determine that he is not eligible under regulation 3(3)(a);
(d) a person has outstanding charges or penalties
in relation to loan (regulation 3(3)(b)). For example, a person
in the example in (c) may incur penalties for late payment; and
(e) a person has shown himself by his conduct to
be unfitted to be eligible (regulation 3(3)(c)).
3. Given that a person who has ceased to be an eligible
teacher includes a person who has ceased to be in eligible employment
the Department does not consider that regulation 6 should have
referred to the latter wording.
Explain how regulation 8(5) is intended to operate
where an eligible teacher recommences eligible employment (as
envisaged in regulation 6).
4. Where a person ceases to be in eligible employment
he ceases to be an eligible teacher. However, a person may regain
eligibility if he meets the conditions set out in regulation 6.
Regulation 8(2) requires a person who recommences eligible employment
under regulation 6 to make an application. The purpose of such
an application is for the person to provide sufficient evidence
to demonstrate to the Secretary of State that he comes within
requirements of regulation 6. If the Secretary of State considers
that the applicant is eligible then he is obliged to notify him
of that fact and then that person shall be considered to be an
eligible teacher again.
Explain the purpose of regulation 8(6), given
paragraphs (1) to (3) of that regulation.
5. The purpose of regulation 8(1) to (3) is to provide
for the application procedure for persons applying for benefits
under the Regulations whethelr new applicants or persons who were
previously eligible teachers and are recommencing eligible employment
under regulation 6. The purpose of regulation 8(6) is to provide
for the procedure for persons who are already eligible (ie eligible
teachers) to demonstrate their continued eligibility to benefits
under the Regulations. Every year whilst a person remains an eligible
teacher a person will be sent an "annual review" form
which will set out the details of his employment and the benefits
he is eligible for. The person will be asked to confirm these
details and provide details of any changes.
8th November 2002