HC Deb 19 December 1983 vol 51 cc6-7W
Mr. Andrew F. Bennett

asked the Secretary of State for Education and Science what reply his Department has sent to Mr. Arterton of University college, London in response to his letter of 28 November to Mr. Raharts in his Department concerning local education authority, Science and Engineering Research Council, and Department of Education and Science award holders graded overseas for the purposes of fees; and if he will publish the correspondence.

Mr. Brooke

No reply has yet been sent. When one has I shall write to the hon. Member.

Mr. Andrew F. Bennett

asked the Secretary of State for Education and Science how many students given local education authority major awards and research council grants are being classifed by universities and colleges as overseas students for fees purposes; and what action Her Majesty's Government intend to take to prevent the local authority and the academic institution from coming to different decisions on the status of an individual student.

Mr. Brooke

The information requested is not available. Award holders are likely to be classed as overseas students for fees purposes in two cases

  1. (i) where they have applied successfully to a local education authority for the retrospective grant of a mandatory award on the grounds that, in the light of a judgment giver in another place on 16 December 1982, they should properly have been regarded as ordinarily resident here for the period required to qualify them for an award, and
  2. (ii) where research councils and other award-making bodies have continued to make awards beginning in 1983–84 on the basis of a test of ordinary residence, without qualification as to its purpose, while eligibility for home fees is determined by a test of ordinary residence other than for the purpose of receiving full-time education.
In these cases students retain their awards for the duration of their courses, but are expected to pay the overseas rate of fee.

The students concerned had no expectation that they would be eligible for an award or to pay home fees. There is no justification for allowing them to pay home fees simply because they have been granted an award, and the expense of doing so would be considerable. For the future, eligibility for an award and assessment of fee status will be determined by reference to a common statutory criterion of ordinary residence other than for the purpose of receiving full-time education.