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Statutory Rules of Northern Ireland
Education
Made
18th November 2009
Coming into operation-
17th December 2009
1.—(1) These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 and come into operation on 17th December 2009.
(2) These Regulations, except regulation 3 and Schedule 1, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.
Commencement Information
I1Reg. 1 in operation at 17.12.2009, see reg. 1(1)
2.—(1) In these Regulations—
“the Order” means the Education (Student Support) (Northern Ireland) Order 1998;
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(4);
“the 2005 Order” means the Higher Education (Northern Ireland) Order 2005(5);
“the 1998 Act” means the Teaching and Higher Education Act 1998(6);
[F1“the 2017 Act” means the Higher Education and Research Act 2017;]
“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998(7);
“the 1999 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1999(8);
“the 2000 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2000(9);
“the 2001 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2001(10);
“the 2002 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2002(11);
“the 2003 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2003(12);
“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004(13), the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004(14), the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005(15) and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005(16);
“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005(17);
“the 2006 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006(18);
“the 2007 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2007(19);
“the 2008 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2008(20);
“the 2009 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2009(21);
“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;
[F2“accelerated course” means—
where the course begins before 1st August 2019, a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration; or
where the course begins on or after 1st August 2019, a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;]
[F3“accredited institution” means an institution accredited by the Secretary of State for Education in England under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;]
[F4“approved provider” and “approved (fee cap) provider” mean registered providers in England included in the approved and approved (fee cap) categories of the register respectively;]
[F5“authority-funded” means—
in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department or the Department for Agriculture and Rural Development;
F6...
in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Councils for Wales; and
in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council;]
“borrower” means a person to whom a loan has been made;
[F7“college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Department under Article 3 of the Order;
“compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;
“compressed degree student” means an eligible student who—
is undertaking a compressed degree course in the United Kingdom (the “course”);
either—
began the course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or
begins the course on or after 1st September 2010; and
either—
is required to be in attendance on the course for part of the academic year for which the student is applying for support; or
is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability;
“contribution” means an eligible student’s contribution calculated pursuant to regulation 87 and Schedule 5;
“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;
“current course” means the designated course in respect of which a person is applying for support;
“current distance learning course” means the designated distance learning course in respect of which a person is applying for support;
“current part-time course” means the designated part-time course in respect of which a person is applying for support;
“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;
[F8“current system student” means an eligible student—
who is not an old system student; and
who—
began the current course on or after 1st September 2006 and continued on that course after 31st August 2010;
began the current course on or after 1st September 2010; or
where the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013] [F9or]
[F10where the course mentioned in paragraph (iii) is an end-on course following on from a course that the student began before 1st September 2013 at any such institution;]
[F11“Department” means the Department for the Economy;]
“designated course” means a course designated by regulation 6 or by the Department under regulation 6;
“designated distance learning course” means a course designated by the Department under regulation 107;
[F12“designated Master’s, etc. course” means a course designated by regulation 152 or by the Department under regulation 152;]
“designated part-time course” means a course designated by regulation 124 or by the Department under regulation 124;
“designated postgraduate course” means a course designated by regulation 141 or by the Department under regulation 141;
“disabled distance learning students’ allowance” means the grant payable under regulation 112;
“disabled part-time students’ allowance” means the grant payable under regulation 130;
[F13“disabled postgraduate students’ allowance” means the grant payable under Part 12;]
“disabled students’ allowance” means the grant payable under regulation 41;
[F14“distance learning fee loan” means a loan for fees made to an eligible distance learning student pursuant to regulations made by the Department under Article 3 of the Order;]
“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(22) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“electronic signature” is so much of anything in electronic form as—
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;
“eligible distance learning student” has the meaning given in regulation 105;
[F15“eligible Master’s, etc. student” has the meaning given in regulation 149;]
“eligible part-time student” has the meaning given in regulation 122;
“eligible postgraduate student” has the meaning given in regulation 139;
“eligible student” has the meaning given in paragraph (3);
“employment-based teacher training scheme” means—
a scheme established by the Secretary of State for Business, Innovation and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or
a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;
“end-on course” means—
a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations;
a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations;
a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;
a full-time first degree course beginning on or after 1st September 2009, (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a [F16full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification] .
“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;
[F17“Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS and the student’s course is a course referred to in regulation 6(1)(e) and—
where the course began before 1st September 2012, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be);
where the course began on or after 1 st September 2012 and is provided by an institution in Northern Ireland F18..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or
where the course began on or after 1 st September 2012 and is provided by an institution in England [F19, Scotland or Wales] —
at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and
either—
in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or
in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks;]
“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;
“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Department under Article 3 of the Order;
“fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Department under Article 3 of the Order;
“fees” has the meaning given in Article 3(1) of the 2005 Order except in references to college fees [F20and student contribution charge] ;
“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, a fee contribution loan [F21, a fee loan or a relevant institution charge loan] ;
[F22“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by—
the Training and Development Agency for Schools (5) where the course began—
before 1st September 2010; or
on or after 1st September 2010 but before 1st September 2012 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; or
the Secretary of State for Business, Innovation and Skills, where the course began on or after 1st September 2012 and the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010;]
“former Metropolitan Police District” means—
Greater London, excluding the City of London, the Inner Temple and the Middle Temple;
in the county of Essex, in the district of Epping Forest—
the area of the former urban district of Chigwell,
the parish of Waltham Abbey;
in the county of Hertfordshire—
in the borough of Broxbourne, the area of the former urban district of Cheshunt,
the district of Hertsmere,
in the district of Welwyn Hatfield, the parish of Northaw; and
in the county of Surrey—
in the borough of Elmbridge, the area of the former urban district of Esher,
the boroughs of Epsom and Ewell and Spelthorne,
in the district of Reigate and Banstead, the area of the former urban district of Banstead;
“gap year student” has the meaning given in paragraph (6);
“grant for living and other costs” means a grant payable under Part 5;
“healthcare bursary” means a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(23) or section 63 of the Health Services and Public Health Act 1968(24);
[F23“high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;]
“higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;
“household income” has the meaning given in Schedule 5;
“information” includes documents;
“Institute” means the University of London Institute in Paris;
[F24“institution” in relation to England includes an English higher education provider as defined by section 83(1) of the 2017 Act]
“intensive course” means an accelerated course or a compressed degree course;
“Islands” means the Channel Islands and the Isle of Man;
“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest accrued on the loan and any penalties or charges incurred in connection with it;
“loan for living costs” means a loan for living costs pursuant to regulations made by the Department under Article 3 of the Order;
“long courses loan” means a long courses loan pursuant to regulation 70;
[F25“Master’s, etc. fee loan” means a loan for fees made to an eligible Master’s, etc. student pursuant to regulations made by the Department under Article 3 of the Order;]
[F26“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]
[F27“OfS” means the Office for Students, as established by section 1 of the 2017 Act;]
“old award” is an award within the meaning of the Students Awards Regulations (Northern Ireland) 2003(25);
“old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;
“old system student” means an eligible student who—
began the current course before 1st September 2006 [F28but before 1st September 2013] and is continuing on that course after 31st August 2010;
began the current course at the College of Agriculture, Food and Rural Enterprise(26) before 1st September 2007 and who is continuing on that course after 31st August 2010;
is a gap year student in relation to the current course;
began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;
began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—
a course that the student began before 1st September 2006; or
a course that the student began before 1st September 2007 and in relation to which the student was a gap year student; or
began the current course on or after 1st September 2006 having had his status as an eligible student transferred to that course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course in connection with which the Department determined the student to be an eligible student and which the student began—
before 1st September 2006; or
before 1st September 2007 and in relation to which the student was a gap year student;
[F29“ordinary duration” means the number of academic years that a standard student would take to complete the course excluding any academic years of the course that are—
bursary years;
Erasmus years of a course provided by an institution in Northern Ireland; or
Erasmus years of a course provided by an institution in England, Scotland or Wales where the course began before 1st September 2012;
Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]
[F30“part-time fee loan” means a loan for fees made to an eligible part-time student pursuant to regulations made by the Department under Article 3 of the Order;]
“period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 108 in relation to an eligible distance learning student, in regulation 125 in relation to an eligible part-time student [F31, in regulation 142 in relation to an eligible postgraduate student and in regulation 153 in relation to an eligible Master’s, etc. student;]
“periods of work experience” means—
periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;
periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);
[F32“person granted Calais leave” means a person who—
has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules, as defined in section 33(1) of the Immigration Act 1971; and
has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]
[F33“person granted humanitarian protection” means a person —
who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules as defined in section 33(1) of the Immigration Act 1971; and
whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002)(22); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;]
[F34“person granted indefinite leave to remain as a bereaved partner” means a person—
granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules are met (bereaved partners),
paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules are met (bereaved partners),
paragraph D-BPILR.1.1 of Appendix FM (bereaved partners), or
paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces), and
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]
[F35“person granted indefinite leave to remain as a victim of domestic violence or domestic abuse” means a person—
granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules, as defined in section 33(1) of the Immigration Act 1971—
paragraph 289B (victims of domestic violence);
paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse); or
paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and
who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;]
[F36“person granted stateless leave” means a person who —
has extant leave to remain as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971); and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.]
[F37person granted section 67 leave” means a person who—
has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and
has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;]
[F38“person with leave to enter or remain on the grounds of discretionary leave” means a person (“P”)—
who has—
applied for refugee status but has, as a result of that application, been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although P is considered not to qualify for recognition as a refugee it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave, or
not applied for refugee status but has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that it is thought right to allow P to enter or remain in the United Kingdom on the grounds of discretionary leave,
who has been granted leave to enter or to remain accordingly,
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since P was granted leave to enter or remain.]
[F39“preliminary course” means a course [F40or courses] mentioned in paragraph 2, 3 or 4 of Schedule 3, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;]
“previous course” has the meaning given in regulation 13;
“previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations;
“private institution” means an institution which is not publicly funded;
“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—
leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or
any academic year of which is a bursary year;
“qualifying student” means a person who satisfies the criteria in regulation 80;
“qualifying year of study” means an academic year of a designated course—
in respect of which the student qualified for fee support (even if the amount was nil);
that was a bursary year; or
in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;
“quarter” in relation to an academic year means a period in that year—
beginning on 1st January and ending on 31st March;
beginning on 1st April and ending on 30th June;
beginning on 1st July and ending on 31st August; or
beginning on 1st September and ending on 31st December;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(27) as extended by the Protocol thereto which entered into force on 4th October 1967(28);
[F41“register” means the register established and maintained by the OfS under section 3 of the 2017 Act;]
[F42“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;]
[F43“registered provider” means an English higher education provider which is included in the register and “unregistered provider” is to be construed accordingly;]
[F44“relevant institution charge loan” means a loan for student contribution charge pursuant to regulations made by the Department under Article 3 of the Order;]
“relevant institution of higher education in the Republic of Ireland” means an institution listed in Schedule 6;
“Research Council” means any of the following research councils—
Arts and Humanities Research Council,
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Science and Technology Facilities Council;
F45...
“sandwich course” has the meaning given in paragraph (10);
“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(29) granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;
“specified designated course” has the meaning given in paragraph (11);
“standard academic year”, unless otherwise indicated, means an academic year of a designated course F46... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student [F47but does not include an academic year that is—
a bursary year;
an Erasmus year of a course provided by an institution in Northern Ireland F48...; or
an Erasmus year of a course provided by an institution in England [F49, Scotland or Wales] where the course began before 1st September 2012;]
[F50an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;]
“standard student” is a student who is to be taken—
to have begun the designated course on the same date as the eligible student in question;
not to be excused any part of the course;
not to repeat any part of the course; and
not to be absent from the course other than during vacations;
“statutory award” means any award bestowed, grant paid or other support provided by virtue of the Order or the 1986 Order, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;
[F51“student contribution charge” means the charge payable by students at a relevant institution of higher education in the Republic of Ireland;]
“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990(30), the Education (Student Loans) Act 1990(31), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Order and regulations made thereunder or the 1998 Act and regulations made thereunder;
“support” means financial support by way of grant or loan made by the Department pursuant to regulations made by the Department under Article 3 of the Order;
“transitional award” means an award made under the Students Awards Regulations (Northern Ireland) 1998(32) other than an old award;
“Turkish worker” means a Turkish national who—
is ordinarily resident in the United Kingdom and Islands; and
is, or has been, lawfully employed in the United Kingdom;
“type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;
“type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more; and
“type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;
[F52“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.]
(2) The Department may determine that a course is a compressed degree course if, in its opinion that course is—
(a)a course for a first degree (other than a foundation degree);
(b)a full-time course designated under regulation 6(1); and
(c)of two academic years’ duration.
(3) Subject to paragraph (4), “eligible student” has the meaning given in regulation 5.
(4) For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9 and Schedule 4 include a person treated as an eligible student by virtue of regulation 81.
(5) The Department may determine that a qualification is an equivalent or lower qualification if—
(a)an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and
(b)the qualification referred to in sub-paragraph (a) [F53is an honours degree from an institution in the United Kingdom or] is of an academic level which is equivalent to or higher than a qualification to which the current course leads.
(6) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if the person meets the conditions in paragraph (7) or (9).
(7) The conditions are—
(a)the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and
(b)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.
(8) In paragraph (7), a course (the “original course”) is similar to the current course if—
(a)it appears to the academic authority of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and
(b)except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.
(9) The conditions are—
(a)the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;
(b)the person was unable to take up the offer because a specified qualification or grade was not awarded to them;
(c)the person appealed against the decision not to award them the qualification or grade;
(d)the appeal was allowed after the last date on which they could have taken up the offer;
(e)as a result, the person was offered a place on the current course; and
(f)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.
(10) In these Regulations—
(a)a course is a “sandwich course” if—
(i)it is not a course for the initial training of teachers [F54or an academic year of a designated course that is an Erasmus year] ;
(ii)it consists of alternate periods of full-time study in an institution and periods of work experience; and
(iii)taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;
(b)in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and
(c)for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.
(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).
(12) Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department from a course (the “initial course”) in connection with which the Department determined the student to be an eligible student pursuant to regulations made by the Department under Article 3 of the Order, the specified designated course is the initial course.
(13) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.]
Textual Amendments
F1Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(a)
F2Words in reg. 2(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(b)
F3Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(c)
F4Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(d)
F5Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(a)
F6Words in reg. 2(1) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(e)
F7Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 3
F8Words in reg. 2(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(a)
F9Word in reg. 2(1) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(b)
F10Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(b)
F11Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(a)
F12Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(b)
F13Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(c)
F14Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(d)
F15Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(e)
F16Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 4
F17Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(c)
F18Words in reg. 2(1) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(a)(i)
F19Words in reg. 2(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(a)(ii)
F20Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(b)
F21Words in reg. 2(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(c)
F22Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 3
F23Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(f)
F24Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(g)
F25Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(f)
F26Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(b)
F27Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(h)
F28Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(d)
F29Words in reg. 2(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(c)
F30Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(g)
F31Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 3(h)
F32Words in reg. 2(1) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(a)
F33Words in reg. 2(1) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(a)
F34Words in reg. 2(1) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(a)
F35Words in reg. 2(1) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(a)
F36Words in reg. 2(1) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(a)
F37Words in reg. 2(1) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 18
F38Words in reg. 2(1) substituted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(a)
F39Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 6
F40Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(e)
F41Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(i)
F42Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(d)
F43Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 3(j)
F44Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(e)
F45Words in reg. 2(1) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 4
F46Words in reg. 2(1) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(f)(i)
F47Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(f)(ii)
F48Words in reg. 2(1) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(e)(i)
F49Words in reg. 2(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(e)(ii)
F50Words in reg. 2(1) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 3(e)(iii)
F51Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(f)
F52Words in reg. 2(1) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(2)
F53Reg. 2(5)(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 7
F54Reg. 2(10)(a)(i) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 8
Commencement Information
I2Reg. 2 in operation at 17.12.2009, see reg. 1(1)
3. The 2009 Regulations are amended in accordance with Schedule 1.
Commencement Information
I3Reg. 3 in operation at 17.12.2009, see reg. 1(1)
4.—(1) Subject to paragraphs (2) and (3), the 2009 Regulations are revoked on 1st September 2010.
(2) Paragraph (3) of regulation 4 of the 2009 Regulations continues to apply.
(3) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 but before 1st September 2010.
(4) Despite any other provision in these Regulations where a person—
(a)attends a course in respect of which a transitional award was made to that person; or
(b)had received no award under the 1986 Order in respect of the course but a transitional award would have been made had the person applied for an award under the 1986 Order and the person’s resources had not exceeded the person’s requirements,
the person is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either made or which would have been made under the 1986 Order) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (5) applies the person qualifies for support by way of loan for living costs under Part 6 only if the person is an eligible student under these Regulations and if the person satisfies the qualifying conditions for an old system student in Part 6.
(5) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations the person is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) the person begins immediately after ceasing that course, but unless paragraph (4) applies the person qualifies for fee support under Chapters 4 and 5 of Part 4 and grants for living and other costs under Part 5 only if the person is an eligible student under these Regulations and if the person satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.
Commencement Information
I4Reg. 4 in operation at 17.12.2009, see reg. 1(1)
5.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”) is not an eligible student if—
(a)an old award has been made to A in respect of A’s attendance on the course;
(b)A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;
(c)[F55A is eligible to apply for] in connection with the course—
(i)a healthcare bursary the amount of which is not calculated by reference to A’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(33);
(d)A is in breach of any obligation to repay any loan;
(e)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;
(f)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(g)A has, on or after 1st September 2005, commenced a course for a degree in social work at an educational institution in Northern Ireland as a Regional Social Work Degree Trainee under arrangements made by the Department of Health, Social Services and Public Safety under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972.
[F56(h)A has been awarded a grant or award of similar description by an awarding authority in another Member State in respect of his attendance on a course at a relevant institution of higher education in the Republic of Ireland which he begins on or after 1st September 2013.]
(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation.
(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—
(a)more than one designated course;
(b)a designated course and a designated distance learning course;
(c)a designated course and a designated part-time course;
(d)a designated course and a designated postgraduate course [F57;]
[F58(e)a designated course and a designated Master’s, etc. course. ]
(7) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10)—
(a)paragraphs (2) and (3) do not apply to that person and
(b)that person is an eligible student for the purposes of these Regulations.
(8) The conditions are—
(a)the person qualified as an eligible student in connection with an earlier academic year of the current course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible student has not terminated.
(9) The conditions are—
(a)the current course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) which the person begins on or after 1st September 2006;
(b)the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course; and
(c)the period of eligibility in respect of the course referred to in sub-paragraph (b) ceased only on the grounds that the student had completed the course.
(10) The conditions are—
(a)the Department has previously determined that the person is—
(i)an eligible part-time student in connection with a designated part-time course;
(ii)an eligible distance learning student in connection with a designated distance learning course; or
(iii)an eligible student in connection with a designated course other than the current course;
(b)the person’s status as an eligible part-time student, as an eligible distance learning student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible student has not terminated.
(11) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—
(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
[F59(11A) Where—
(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with–
(i)an application for support for an earlier year of the current course; or
(ii)an application for support in connection with a designated part-time [F60, designated distance learning course] or other designated course from which A’s status as an eligible part-time student [F61, eligible distance learning student] or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F62(11B) Where—
(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—
(i)an application for support for an earlier year of the current course; or
(ii)an application for support in connection with a designated part-time course, designated distance learning or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F63(11C) Where—
(a)the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—
(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; or
(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F64(11D) Where—
(a)the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible student in connection with –
(i)an application for support for an earlier year of the current course;
(ii)an application for support for a course in relation to which the current course is an end-on course; or
(iii)an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
(12) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain [F65on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—
(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain [F66on the grounds of discretionary leave] is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Paragraphs (11) and (12) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1st September 2007.
Textual Amendments
F55Reg. 5(3)(c) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 9
F56Reg. 5(3)(h) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 4
F57Semi-colon in reg. 5(6)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 4(a)
F58Reg. 5(6)(e) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 4(b)
F59Reg. 5(11A) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 19
F60Words in reg. 5(7) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(a)(i)(aa)
F61Words in reg. 5(7) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(a)(i)(bb)
F62Reg. 5(11B) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(b)(i)
F63Reg. 5(11C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(b)
F64Reg. 5(11D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(b)
F65Words in reg. 5(12)(a) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(b)(i)
F66Words in reg. 5(12)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(b)(ii)
Commencement Information
I5Reg. 5 in operation at 17.12.2009, see reg. 1(1)
6.—(1) Subject to paragraphs (2), (3), (4) and (5), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—
(a)mentioned in Schedule 3;
(b)one of the following—
(i)a full-time course;
(ii)a sandwich course; or
(iii)a course for the initial training of teachers;
(c)not a designated distance learning course;
(d)of at least—
(i)one academic year’s duration; or
(ii)six weeks’ duration in the case of a flexible postgraduate course for the initial training of teachers; and
[F67(e)either—
(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or in Wales where the course began before 1st September 2017;
(ii)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017;
(iii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland, or in Wales where the course began before 1st September 2017;
(iv)provided by an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom;
(v)provided by a publicly-funded institution in Northern Ireland, Scotland or Wales on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;
(vi)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;
(vii)provided by an approved (fee cap) provider on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;
(viii)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom;
(ix)provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017; or
F68(x)provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland [F69and is a designated undergraduate course in the Republic of Ireland.]]
(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.
(4) A first degree course is not a designated course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
(5) Paragraph (1)(c) does not apply where the person applying for support in connection with the course is—
(a)a disabled student; and
(b)undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to that person’s disability.
(6) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F70authority-funded] if either the university or the constituent college or institution is [F70authority-funded]; F71...
(c)an institution is not to be regarded as publicly funded [F72or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(34) [F73; and]
[F74(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F75in Northern Ireland, Scotland, or Wales, or by a private institution which is [F76an approved provider or] an unregistered provider in England].]
(7) Subject to paragraph (4), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—
(a)the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and
(b)part of the course is optional.
(8) Paragraph (7) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(9) For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1).
[F77(10) The Department may revoke or suspend the designation of a course which is designated under this regulation.]
Textual Amendments
F67Reg. 6(1)(e) substituted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 6(a)
F68By The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 16(a) it is provided that (4.6.2020) in reg. 6(1)(e)(x) "." is omitted
F69Words in reg. 6(1)(e)(x) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 16(b)
F70Words in reg. 6(6)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(i)
F71Word in reg. 6(6)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(ii)
F72Words in reg. 6(6)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(iii)
F73Word in reg. 6(6)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(iv)
F74Reg. 6(6)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(v)
F75Words in reg. 6(6)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 4(b)
F76Words in reg. 6(6)(d) inserted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 6(b)
F77Reg. 6(10) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 6
Commencement Information
I6Reg. 6 in operation at 17.12.2009, see reg. 1(1)
7.—(1) A student’s status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 5.
(2) The period for which an eligible student retains that status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.
(4) The period of eligibility terminates when the eligible student (“A”)—
(a)withdraws from A’s designated course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status as an eligible student under regulation 8, 117 or 135; or
(b)abandons or is expelled from A’s designated course.
(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.
(6) If the Department is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under Chapter 5 of Part 9.
(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Department may, at any time, renew the period of eligibility for such period as it determines.
Commencement Information
I7Reg. 7 in operation at 17.12.2009, see reg. 1(1)
8.—(1) Where an eligible student “A” transfers to another course, the Department must transfer A’s status as an eligible student to that course where—
(a)the Department receives a request from the eligible student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)on the recommendation of the academic authority A ceases one course and starts to—
[F78(i)on the recommendation of the academic authority A ceases one course and starts to attend or undertake another designated course F79...;]
(ii)undertake another compressed degree course at the institution; or
(iii)undertake a compressed degree course at the institution;
(b)A starts to—
[F80(i)A starts to attend or undertake a designated course F81... at another institution;] or
(ii)undertake a compressed degree course with another institution;
(c)after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;
(d)after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or
(e)after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Department in respect of the academic year of the course from which A transfers.
(4) The Department may re-assess the amount of support payable after the transfer [F82provided that A qualifies for such support in connection with the academic year of the course to which A transfers].
(5) Where A transfers under paragraph (1) after the Department has assessed A’s support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided.
Textual Amendments
F78Reg. 8(2)(a)(i) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 5(a)
F79Words in reg. 8(2)(a)(i) omitted (4.6.2020) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 3(a)
F80Reg. 8(2)(b)(i) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 5(b)
F81Words in reg. 8(2)(b)(i) omitted (4.6.2020) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 3(b)
F82Words in reg. 8(4) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 3
Commencement Information
I8Reg. 8 in operation at 17.12.2009, see reg. 1(1)
9.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.
(2) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.
(3) The Department must notify the applicant of whether the applicant qualifies for support and, if so, the amount of support payable in respect of the academic year, if any.
Commencement Information
I9Reg. 9 in operation at 17.12.2009, see reg. 1(1)
10.—(1) The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year in respect of which it is submitted.
(2) The general rule does not apply where—
(a)one of the events listed in regulation 18 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department no later than the end of the ninth month beginning with the day on which the relevant event occurred;
[F83(b)the applicant is making a separate application for a fee loan, a relevant institution charge loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of relevant institution charge loan under regulation 25A(4) or (10), an additional amount of fee contribution loan under regulation 36(5), an additional amount of loan for living costs under regulation 77(3) or an additional amount of college fee loan under regulation 85(2) in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;]
(c)the applicant is applying to borrow an additional amount of fee contribution loan under regulation 36(3), an additional amount of loan for living costs or an additional amount of long courses loan under regulation 77(1), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;
(d)the applicant is applying for the disabled students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(e)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F83Reg. 10(2)(b) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 5
Commencement Information
I10Reg. 10 in operation at 17.12.2009, see reg. 1(1)
11. Schedule 4 deals with the provision of information.
Commencement Information
I11Reg. 11 in operation at 17.12.2009, see reg. 1(1)
12.—(1) To receive a loan a student must enter into a contract with the Department.
(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies the requirement.]
Textual Amendments
F84Reg. 12 substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 4
13.—(1) Subject to the exceptions in paragraphs (4), (5) and (6), a “previous course” is—
(a)where the current course began before 1st September 2009, any full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course and which meets any of the conditions in paragraph (2).
(b)where the current course begins on or after 1st September 2009—
(i)a lower level qualification achieved following a full-time or part-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course;
(ii)a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended, or in the case of a compressed degree course or a designated distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3); or
(iii)a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course where—
(aa)the course meets any of the conditions in paragraph (2); and
(bb)the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.
(2) The conditions are—
[F85(a)the course was provided by an institution which was a registered provider in England or by a publicly funded institution in the United Kingdom for some or all of the academic years during which the student attended or undertook the course;] or
[F86(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]
(b)the course was provided by an institution in the Republic of Ireland and the student was funded under previous regulations for some or all of the academic years during which the student attended or undertook the course; or
(c)any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(3) The conditions are—
(a)the course was provided at [F87a registered provider or] a publicly funded institution whether or not in the United Kingdom [F88or a regulated institution] for some or all of the academic years during which the student attended or undertook the course; F89...
[F90(aa)the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or]
(b)any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(4) A course which would otherwise be a previous course will not be treated as such if—
(a)the current course is a course for the initial training of teachers;
(b)the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the student is not a qualified teacher.
(5) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—
(a)the current course is a course for the degree (including an honours degree) of Bachelor of Education; and
(b)the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.
(6) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—
(a)the current course is a course for the honours degree of Bachelor of Education; and
(b)the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.
(7) Subject to paragraphs (8), (9) and (10), for the purpose of determining PC in the formulae in regulations 23 and 30—
(a)each academic year that the student completed on a previous course is counted; and
(b)an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.
(8) For the purpose of determining PC in the formulae in regulations 23 and 30, where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—
(a)the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and
(b)the student qualified for fee support for some but not all of the other academic years of that previous course.
(9) For the purpose of determining PC in the formulae in regulations 23 and 30, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because the student had failed to complete a previous course for compelling personal reasons.
(10) For the purpose of determining PC in the formulae in regulations 23 and 30, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Department considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.
(11) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A’s disability is only treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.
Textual Amendments
F85Reg. 13(2)(a) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(a)(i)
F86Reg. 13(2)(aa) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(a)(ii)
F87Words in reg. 13(3)(a) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(b)(i)(aa)
F88Words in reg. 13(3)(a) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(b)(i)(bb)
F89Word in reg. 13(3)(a) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(b)(i)(cc)
F90Reg. 13(3)(aa) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 6(b)(ii)
Commencement Information
I12Reg. 13 in operation at 17.12.2009, see reg. 1(1)
14.—(1) Where paragraph (2) applies, an eligible student is not prevented from qualifying for fee support under this Part because—
(a)the student has an honours degree from an institution in the United Kingdom or the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current course before 1st September 2009; or
(b)the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(2) This paragraph applies where—
(a)the current course is a course for the initial training of teachers;
(b)the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the student is not a qualified teacher.
(3) Where paragraph (4) applies, an eligible student is not prevented from qualifying for fee support under this Part because the current course leads to an equivalent or lower qualification, where the student begins the current course on or after 1st September 2009.
(4) This paragraph applies where the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.
(5) Where the current course is considered to be a single course because of regulation 6(7) and (8) and it leads to a honours degree from an institution in the United Kingdom or relevant institution of higher education in the Republic of Ireland being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.
[F91(5A) Where the current course is considered to be a single course because of regulation 6(7) and (8)—
(a)any Master’s, etc. fee loan which an eligible student obtained under Part 13 for the purposes of obtaining the degree or qualification first mentioned in regulation 6(7)(a); and
(b)any academic year(s) in which that Master’s, etc. fee loan was obtained,
is ignored when determining an eligible student’s entitlement under Parts 4 to 6 in respect of the single course which confers the final degree or equivalent qualification.]
F92(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.
Textual Amendments
F91Reg. 14(5A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 5
F92Reg. 14(6) repealed (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 3
Commencement Information
I13Reg. 14 in operation at 17.12.2009, see reg. 1(1)
15. A current system student (“A”) qualifies for a fee loan in respect of the fees [F93or relevant institution charge loan in respect of student contribution charge] payable by A in connection with A’s attendance on a designated course in accordance with Chapter 3 of this Part.
Textual Amendments
F93Words in reg. 15 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 6
Commencement Information
I14Reg. 15 in operation at 17.12.2009, see reg. 1(1)
16.—(1) An old system student (“A”) qualifies for a grant for fees in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 4 of this Part.
(2) A qualifies for a fee contribution loan in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 5 of this Part.
Commencement Information
I15Reg. 16 in operation at 17.12.2009, see reg. 1(1)
17. Where one of the events listed in regulation 18 occurs in the course of an academic year—
(a)a student may qualify for fee support in accordance with this Part in respect of that academic year provided that [F94, with the exception of an event mentioned in paragraph (a) of that regulation,] the relevant event occurred within the first three months of the academic year; and
(b)fee support is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
Textual Amendments
F94Words in reg. 17(a) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 7
Commencement Information
I16Reg. 17 in operation at 17.12.2009, see reg. 1(1)
18. The events are—
(a)the student’s course becomes a designated course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee [F95or becomes a person granted humanitarian protection] [F96or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F97on the grounds of discretionary leave] ;
(c)a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F98or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member];
[F99(e)the student becomes a person described in paragraph 3 (a) of Schedule 2]
(f)the student becomes the child of a Turkish worker;
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; F100...
(h)the student becomes the child of a Swiss national [F101; F102...]
[F103(i)the student becomes a person granted section 67 leave [F104;]]
[F105(j)the student becomes a person granted Calais leave;]
[F106(k)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F107(1)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F95Words in reg. 18(b) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(c)
F96Words in reg. 18(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(c)
F97Words in reg. 18(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(c)
F98Words in reg. 18(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 5(a)
F99Reg. 18(e) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 5(b)
F100Word in reg. 18(g) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 20(a)
F101Word in reg. 18(h) inserted (1.4.2019) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 20(b)
F102Word in reg. 18(h) omitted (with effect in accordance with reg.1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(c)(i)
F103Reg. 18(i) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 20(c)
F104Word in reg. 18(i) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(c)(ii)
F105Reg. 18(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(c)(iii)
F106Reg. 18(k) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(b)
F107Reg. 18(1) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(b)
Commencement Information
I17Reg. 18 in operation at 17.12.2009, see reg. 1(1)
19.—(1) A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for fee support.
(2) This regulation applies to—
(a)a compressed degree student; or
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Commencement Information
I18Reg. 19 in operation at 17.12.2009, see reg. 1(1)
20.—(1) A current system student does not qualify for a fee loan [F108or relevant institution charge loan] in respect of a designated course if—
(a)the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(1) to (4) do not apply and the student begins the course on or after 1st September 2009;
(b)the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(1), (2) or (5) do not apply;
(c)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(d)the designated course is an old flexible postgraduate course for the initial training of teachers.
(2) Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(3) A current system student does not qualify for a fee loan [F108or relevant institution charge loan] in respect of—
(a)an academic year of a designated course that is [F109—
(i)a bursary year;
(ii)an Erasmus year of a course provided by an institution in Northern Ireland F110...; or
(iii)an Erasmus year of a course provided by an institution in England [F111, Wales or Scotland] where the course began before 1st September 2012;] or
(b)a year for which he is in receipt of funding from the Department to participate in a management development programme known as [F112Study USA].
(4) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(5) The standard entitlement is calculated in accordance with regulation 21, 22, 23 or 24.
(6) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan [F108or relevant institution charge loan] from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan [F108or student contribution charge] has been allocated to each standard academic year of the course.
(7) A current system student qualifies for a fee loan [F108or relevant institution charge loan] in respect of a standard academic year of the designated course if the Department allocates a fee loan [F108or relevant institution charge loan] to that year when assessing the application for support for that year.
[F113(8) In addition to the standard entitlement, a current system student who falls within regulation 23 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—
(a)a bursary year;
(b)an Erasmus year of a course provided by an institution in Northern Ireland F114...; or
(c)an Erasmus year of a course provided by an institution in England [F115, Wales or Scotland] where the course began before 1st September 2012;]
[F116(8A) In addition to the standard entitlement, a current system student to whom regulation 24(2) applies qualifies for a fee loan or relevant institution charge loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland F117... where—
(a)the current course begins on or after 1st September 2014; and
(b)the preliminary course was a part-time course.]
(9) Where a current system student qualifies for a fee loan [F108or relevant institution charge loan] under paragraph (8), the Department must not allocate a fee loan [F108or relevant institution charge loan] under paragraph (6) to the first academic year that the student takes of the designated course that is not [F118—
(a)a bursary year;
(b)an Erasmus year of a course provided by an institution in Northern Ireland F119...; or
(c)an Erasmus year of a course provided by an institution in England [F120, Wales or Scotland] where the course began before 1st September 2012;].
[F121(9A) Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8A), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland F122....]
(10) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan [F108and student contribution charge] in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.
(11) A current system student qualifies for a fee loan [F108and student contribution charge] in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—
(a)the academic year which the student is repeating was a qualifying year of study;
(b)the academic year of repeat study is not a bursary year; and
(c)when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.
(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan [F108or relevant institution charge loan] under paragraph (8) [F123(or 8A)]).
(13) The amount of the fee loan F124... in respect of an academic year is determined in accordance with regulation 25 and may be nil.
[F125(14) The amount of the relevant institution charge loan in respect of an academic year is determined in accordance with regulation 25A and may be nil.]
Textual Amendments
F108Words in reg. 20 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 7
F109Words in reg. 20(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(a)
F110Words in reg. 20(3)(a)(ii) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(a)
F111Words in reg. 20(3)(a)(iii) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(b)
F112Words in reg. 20(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(b)
F113Reg. 20(8) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(c)
F114Words in reg. 20(8)(b) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(c)
F115Words in reg. 20(8)(c) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(d)
F116Reg. 20(8A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(a)
F117Words in reg. 20(8A) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(e)
F118Words in reg. 20(9) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(d)
F119Words in reg. 20(9)(b) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(f)
F120Words in reg. 20(9)(c) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(g)
F121Reg. 20(9A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(b)
F122Words in reg. 20(9A) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 5(h)
F123Words in reg. 20(12) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(c)
F124Words in reg. 20(13) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(d)
F125Reg. 20(14) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(e)
Commencement Information
I19Reg. 20 in operation at 17.12.2009, see reg. 1(1)
21. Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course.
Commencement Information
I20Reg. 21 in operation at 17.12.2009, see reg. 1(1)
22.—(1) Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(2) Paragraph (1) also applies where—
(a)the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or
(b)the student has studied on a previous course other than a course mentioned in sub-paragraph (a).
(3) Where this regulation applies, regulations 23 and 24 do not apply.
Commencement Information
I21Reg. 22 in operation at 17.12.2009, see reg. 1(1)
23.—(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course
PC is the number of academic years that the student has spent on previous courses.
(2) For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course which—
(a)is a previous course; and
(b)the student began on or after 1st September 2006.
Commencement Information
I22Reg. 23 in operation at 17.12.2009, see reg. 1(1)
24.—(1) Where the current course began before 1st September 2009, this regulation applies to—
(a)a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;
(b)a current system student who—
(i)has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3;
(ii)is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;
(c)a current system student who—
(i)has completed a full-time foundation degree course;
(ii)is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.
(2) Where the current course begins on or after 1st September 2009, this regulation applies to—
(a)a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;
(b)a current system student who—
[F126(i)has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;]
(ii)is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.
(3) Regulations 21, 22 and 23 do not apply to students to whom this regulation applies.
(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course
X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
(5) The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course
X is—
where the ordinary duration of the preliminary course was less than three years,
where the ordinary duration of the preliminary course was three years,
where the ordinary duration of the preliminary course was four years,
where the ordinary duration of the preliminary course was five years, and
where the ordinary duration of the preliminary course was six years
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
Textual Amendments
F126Reg. 24(2)(b)(i) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 10
Commencement Information
I23Reg. 24 in operation at 17.12.2009, see reg. 1(1)
25.—(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course [F127mentioned in paragraph (2C)] must not exceed the lesser of—
(a)[F128£9,250]; and
(b)the fees payable by the student in connection with that year.
(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course [F129mentioned in paragraph (2C)] must not exceed the lesser of—
(a)[F130£4,625]; and
(b)the fees payable by the student in connection with that year.
[F131(2A) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course [F132mentioned in paragraph (2D)] must not exceed the lesser of—
(a)[F133£4,530;] and
(b)the fees payable by the student in connection with that year.
(2B) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course [F134mentioned in paragraph (2D)] must not exceed the lesser of—
(a)[F135£2,250;] and
(b)the fees payable by the student in connection with that year.]
[F136(2C) The designated courses for the purposes of paragraphs (1) and (2) are designated courses:-
[F137(a)provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland or by an approved (fee cap) provider in England;]
(b)provided by or on behalf of a publicly funded institution in Wales, where the course began before 1st September 2017;
(c)provided by or on behalf of a regulated institution in Wales, where the course begins on or after 1st September 2017.
(2D) The designated courses for the purposes of paragraphs (2A) and (2B) are designated courses:-
[F138(a)provided by a private institution (other than a publicly funded institution) in Northern Ireland or Scotland or by an approved provider in England.]
(b)provided by a private institution (other than on behalf of a publicly funded institution) in Wales, where the course began before 1st September 2017;
(c)provided by a non-regulated institution (other than on behalf of a regulated institution) in Wales, where the course begins on or after 1st September 2017.]
(3) The cases are—
(a)the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
(b)in respect of a sandwich course, an academic year—
(i)during which any periods of full-time study are in aggregate less than 10 weeks; or
(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
(c)in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;
(d)in respect of a course provided in conjunction with an overseas institution, an academic year—
(i)during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or
(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks.
(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.
(5) The circumstances are—
(a)the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees [F139or student contribution charge] payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for [F140a fee loan or] another fee loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan [F141or relevant institution charge loan] the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—
[F142(a)the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and]
(b)the fees payable by the student in respect of the academic year to which the student is transferring.
(9) Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—
[F143(a)the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and]
(b)the fees payable by the student in connection with that year.
(10) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.
[F144(11) Where the circumstances in paragraph (12) apply, the amount of a fee loan must not exceed the lesser of—
(a)£1,385; and
(b)the fees payable by the student in connection with that year.
(12) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England, Wales or Scotland which begins on or after 1st September 2017.]
[F145(13) Where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, the amount of a fee loan must not exceed the lesser of-
(a)£9,250; and
(b)The fees payable by the student in connection with that year.
(14) Where—
(a)the current course is an accelerated course provided by or on behalf of an approved (fee cap) provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of-—
(i)£11,100; and
(ii)The fees payable by the student in connection with that year.”.
(b)the current course is an accelerated course provided by or on behalf of an approved provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of—
(i)[F146£4,530;] and
(ii)The fees payable by the student in connection with that year.]
Textual Amendments
F127Words in reg. 25(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(a)
F128Sum in reg. 25(1)(a) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 15, Sch.
F129Words in reg. 25(2) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(b)
F130Sum in reg. 25(2)(a) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 15, Sch.
F131Reg. 25(2A)(2B) inserted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(4)
F132Words in reg. 25(2A) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(c)
F133Sum in Reg. 25(2A)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F134Words in reg. 25(2B) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(d)
F135Sum in Reg. 25(2B)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F136Reg. 25(2C)(2D) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(e)
F137Reg. 25(2C)(a) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 8(a)
F138Reg. 25(2D)(a) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 8(b)
F139Words in reg. 25(5)(a) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(a)
F140Words in reg. 25(6) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(b)
F141Words in reg. 25(8) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(c)
F142Reg. 25(8)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(5)
F143Reg. 25(9)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(6)
F144Reg. 25(11)(12) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 6(f)
F145Reg. 25(13)(14) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 8(c)
F146Sum in Reg. 25(14)(b) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I24Reg. 25 in operation at 17.12.2009, see reg. 1(1)
25A.—(1) The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year.
(2) Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.
(3) The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs(5) for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan.
(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers.
(5) The circumstances are—
(a)the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring.
(9) Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year.
(10) Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.]
Textual Amendments
F147Reg. 25A inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 9
26.—(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2010, or began a designated course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland and is continuing on that course after 31st August 2010 (in either case a “continuing student”).
(2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2010 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of the designated course.
(3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.
(4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of the designated course, the Department must determine the “standard entitlement”.
(6) The standard entitlement is calculated as follows—
where
SAY is the number of standard academic years of the designated course that begin after 31st August 2006,
X is the number of academic years of the designated course that begin after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006.
(7) When assessing an application for support in respect of an academic year of the designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I25Reg. 26 in operation at 17.12.2009, see reg. 1(1)
27.—(1) Subject to paragraph (2), this regulation applies to an old system student who—
(a)began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or
(b)begins a designated course on or after 1st September 2010,
and whose status as an eligible student has been transferred to the course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course that the student began before 1st September 2006 (a “transferring student”).
(2) This regulation does not apply where an eligible student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.
(3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.
(4) In this regulation, the “relevant course” is the designated course that the student was taking as at 31st August 2006.
(5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.
(6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(7) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—
where
RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,
X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006.
(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—
where
RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,
X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006,
SS is the number of academic years of study that the student has taken from and including 1st September 2006 in respect of which the student qualified for fee support (excluding any years of repeat study for compelling personal reasons) or which were bursary years or Erasmus years.
(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—
where
OD is the number of academic years that make up the ordinary duration of the designated course.
(11) The courses are—
(a)a course for the degree (including an honours degree) of Bachelor of Education where the student has transferred to that course from a course for the Certificate in Education on or before the completion of the latter course;
(b)a course for the honours degree of Bachelor of Education where the student has transferred to that course from a course for the degree (other than an honours degree) of Bachelor of Education on or before the completion of the latter course.
(12) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I26Reg. 27 in operation at 17.12.2009, see reg. 1(1)
28.—(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 26.
(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 26.
(3) Paragraphs (4) to (12) apply to—
(a)an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student—
(i)began on or after 1st September 2006 and is continuing on after 31st August 2010; or
(ii)begins on or after 1st September 2010;
(b)an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.
(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply.
(5) Notwithstanding paragraph (4)(a) and (b) an old system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(6) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.
(7) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Department must determine the “standard entitlement”.
(8) Subject to paragraph (9), the standard entitlement is calculated as follows—
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course,
X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years,
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
(9) The standard entitlement of an old system student to whom paragraph (3)(a) applies whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(10) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(11) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(12) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I27Reg. 28 in operation at 17.12.2009, see reg. 1(1)
29.—(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.
(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(c)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) Notwithstanding paragraph (2)(a) and (b) an old system student to whom this regulation applies qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(4) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(6) The standard entitlement is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course.
(7) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(8) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32 or 33 and may be nil.
Commencement Information
I28Reg. 29 in operation at 17.12.2009, see reg. 1(1)
30.—(1) This regulation applies where—
(a)an old system student is a gap year student who has studied on a previous course;
(b)an old system student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.
(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(c)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) Notwithstanding paragraph (2)(a) and (b) an old system student to whom this regulation applies qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(4) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(6) Subject to paragraph (7), the standard entitlement is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course,
PC is the number of academic years that the student has spent on previous courses.
(7) The standard entitlement of an old system student whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(8) When assessing an application for support in connection with an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(9) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(10) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year if the student failed to complete the most recent previous course because of compelling personal reasons.
(11) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (10), the Department must not allocate a grant for fees under paragraph (8) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.
(12) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32 or 33 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 32, 33 or 34 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.
Commencement Information
I29Reg. 30 in operation at 17.12.2009, see reg. 1(1)
31.—(1) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.
(2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—
(a)the academic year which the student is repeating was a qualifying year of study;
(b)the academic year of repeat study is not a bursary year; and
(c)when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken (after 31st August 2006) on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.
(3) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 30(10)).
Commencement Information
I30Reg. 31 in operation at 17.12.2009, see reg. 1(1)
32.—(1) Unless one of the cases set out in regulation 25(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly funded institution is the lesser of—
(a)[F148£1,785;] and
(b)the fees payable by the student in connection with that year.
(2) In the cases set out in regulation 25(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—
(a)[F149£870;] and
(b)the fees payable by the student in connection with that year.
(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 89.
(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.
(5) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—
(a)[F150£2,465] ; and
(b)the fees payable by the student in connection with that year.
(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—
(a)[F151£5,030] ; and
(b)the fees payable by the student in connection with that year.
(7) In the case of a course in respect of an academic year at a relevant institution of higher education in the Republic of Ireland, the amount of grant is an amount specified by the Department in writing.
Textual Amendments
F148Sum in Reg. 32(1)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F149Sum in Reg. 32(2)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F150Word in reg. 32(5)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F151Word in reg. 32(6)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
Commencement Information
I31Reg. 32 in operation at 17.12.2009, see reg. 1(1)
33.—(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of [F152£1,785 ]and the fees payable by the student in connection with that year if—
(a)the designated course began on or after 1st September 2001;
(b)the designated course is provided on behalf of a publicly funded institution; and
(c)none of the cases in regulation 25(3) applies.
(2) The amount of the grant for fees in respect of an academic year at a private institution is the lesser of [F153£870 ]and the fees payable by the student in connection with that year if—
(a)the designated course began on or after 1st September 2001;
(b)the designated course is provided on behalf of a publicly funded institution; and
(c)one or more of the cases in regulation 25(3) applies.
(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 89.
Textual Amendments
F152Sum in Reg. 33(1) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F153Sum in Reg. 33(2) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I32Reg. 33 in operation at 17.12.2009, see reg. 1(1)
34.—(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 33 does not apply including courses or academic years for the degrees of Bachelor of Divinity, Bachelor of Theology, Bachelor of Arts (Joint Honours) or the Diploma in Theology of the Queen’s University of Belfast, undertaken at the Union Theological College, the Edgehill College, the Irish Baptist College, Belfast or the Belfast Bible College is the lesser of—
(a)[F154£1,285] ; and
(b)the fees payable by the student in connection with that year.
(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is [F155£3,275] .
Textual Amendments
F154Word in reg. 34(1)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F155Word in reg. 34(2) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
Commencement Information
I33Reg. 34 in operation at 17.12.2009, see reg. 1(1)
35. An old system student, other than a student undertaking a course at a relevant institution of higher education in the Republic of Ireland, or whose course is a course leading to a degree in social work at an educational institution in Northern Ireland qualifies for a fee contribution loan in respect of an academic year of a designated course if—
(a)the student qualifies for a grant for fees in respect of that year or would have qualified if the student had applied for the grant (even if the amount is or would have been nil); and
(b)the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.
Commencement Information
I34Reg. 35 in operation at 17.12.2009, see reg. 1(1)
36.—(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 32 or 33 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 89.
(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—
(a)[F156£1,785 ]or, if any of the cases set out in regulation 25(3) apply, [F156£870;] and
(b)the fees payable by the student in connection with the academic year.
(3) An old system student may apply to borrow an additional amount of fee contribution loan where—
(a)the Department determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and
(b)the Department considers that the increase in the maximum amount does not result from the old system student—
(i)failing to provide information promptly which might affect the student’s ability to qualify for a grant for fees or fee contribution loan or the amount of grant for fees or fee contribution loan for which the student qualifies; or
(ii)providing information which is inaccurate in any material particular.
(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(5) Where an old system student (“A”) has applied for a fee contribution loan of less than the maximum amount to which A is entitled, A may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in A’s case.
Textual Amendments
F156Sum in Reg. 36(2)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I35Reg. 36 in operation at 17.12.2009, see reg. 1(1)
37. The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—
(a)disabled students’ allowance;
(b)grant for dependants;
(c)grant for travel;
(d)maintenance grant or special support grant.
Commencement Information
I36Reg. 37 in operation at 17.12.2009, see reg. 1(1)
38. The following grants are available to an old system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—
(a)disabled students’ allowance;
(b)grant for dependants;
(c)grant for travel;
(d)higher education bursary.
Commencement Information
I37Reg. 38 in operation at 17.12.2009, see reg. 1(1)
39.—(1) An eligible student qualifies for a grant under this Part provided that the student—
(a)is not excluded from qualification by any of the following paragraphs; and
(b)satisfies the qualifying conditions for the particular grant for which the student is applying.
(2) An eligible student does not qualify for—
(a)a bursary or grant under this Part if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9; or
(b)a bursary under regulation 61 in respect of any academic year of a part-time course for the initial training of teachers referred to in paragraph 5 of Schedule 3.
(3) An eligible student does not qualify for a grant under this Part in respect of—
(a)an academic year which is a bursary year;
(b)an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or
(c)a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.
(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.
(6) For the purposes of paragraph (5), “unpaid service” means—
(a)unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland;
(b)unpaid service with a local authority in the United Kingdom or any equivalent body in the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or Republic of Ireland;
(c)unpaid service in the prison or probation and aftercare service in the United Kingdom or the Republic of Ireland;
(d)unpaid research in an institution in the United Kingdom or the Republic of Ireland or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or
(e)unpaid service with—
(i)the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(35);
(ii)a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(36);
(iii)a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(37);
(iv)an NHS body within the meaning of [F157 given by section 275(1) ] of the National Health Service Act 2006(38); or
(v)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(39).
(7) Subject to paragraph (8), where one of the events listed in regulation 18 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F158... part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.
(8) Where the state of which the student is a national accedes to the European Community the student may qualify for a grant under this Part only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course.
(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.
(10) Paragraph (9) does not apply in respect of disabled students’ allowance.
Textual Amendments
F157Words in reg. 39(6)(e)(iv) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 140
F158Words in reg. 39(7) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 4
Commencement Information
I38Reg. 39 in operation at 17.12.2009, see reg. 1(1)
40.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—
(a)grant for dependants;
(b)disabled students’ allowance;
(c)maintenance grant or special support grant;
(d)higher education bursary.
(2) This regulation applies to—
(a)a compressed degree student;
[F159(aa)a student on a period of study or period of overseas work placement in an Erasmus year; or]
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Textual Amendments
F159Reg. 40(2)(aa) inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 11
Commencement Information
I39Reg. 40 in operation at 17.12.2009, see reg. 1(1)
41. An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Department is satisfied that A is obliged to incur in connection with A’s attendance on a designated course by reason of a disability to which A is subject.
Commencement Information
I40Reg. 41 in operation at 17.12.2009, see reg. 1(1)
42.—(1) Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(2) Except where paragraph (4) applies, the amount of the disabled students’ allowance must not exceed—
(a)£20,938 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom or the Republic of Ireland for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,759 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.
(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.
(4) The maximum amount under paragraphs (2)(a) and (d) is £15,703 and £1,319, respectively where—
(a)an eligible student attends a course for the initial training of teachers; and
(b)in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.
[F160(5) Subject to paragraph (6), the disabled students’ allowance is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.
(6) Subject to paragraph (7), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.
(7) Where the state of which the student is a national accedes to the EU the student may qualify for the disabled students’ allowance only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F160Reg. 42(5)-(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 5
Commencement Information
I41Reg. 42 in operation at 17.12.2009, see reg. 1(1)
43.—(1) In regulations 45 to 48—
(a)subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Department considers the student is separated) or the student’s former partner;
(b)“child” in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;
(c)“dependant” means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
(d)“dependent” means wholly or mainly financially dependent;
(e)“dependent child” means, in relation to an eligible student, a child dependent on the student;
(f)“lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;
(g)“net income” has the meaning given in paragraph (2);
[F161(ga)“preceding financial year” means the financial year immediately preceding the relevant year;
(gb)“prior financial year” means the financial year immediately preceding the preceding financial year;
(gc)“relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;
(gd)“residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);
[F162(ge)“taxable income” means, in respect of the prior financial year—
(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;
(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of [F163a Member State] which applies to A’s income; or
[F164(iii)where the legislation of—
(aa)the United Kingdom and one or more Member States; or
(bb)more than one Member State
applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest,]
except that no account is taken of income referred to in paragraph (1A) paid to another party;]]
(h)subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—
(i)the spouse of an eligible student;
(ii)the civil partner of an eligible student;
(iii)a person ordinarily living with an eligible student as if that person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2000;
(iv)a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2005;
(i)unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;
(j)for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;
(k)for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;
(l)for the purposes of regulation 46—
(i)sub-paragraph (i) does not apply; and
(ii)a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 5;
(m)for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—
(i)the spouse of an eligible student’s partner;
(ii)the civil partner of an eligible student’s partner;
(iii)where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;
(iv)where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student’s partner “B” as if A were B’s civil partner;
(n)subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Department may treat an adult person or child as dependent on an eligible student if the Department is satisfied that the adult person or child—
(i)is not dependent on—
(aa)the eligible student; or
(bb)the student’s partner; but
(ii)is dependent on the eligible student and the student’s partner together;
(o)the Department must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—
(i)the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Department considers the eligible student’s partner is separated); or
(ii)the former partner of the eligible student’s partner.
[F165(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.]
(2) A dependant’s net income is the dependant’s income from all sources [F166(for the relevant year for the purposes of regulation 45(2)(b) and for the prior financial year for the purposes of regulation 48(7))] reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(a)any pension, allowance or other benefit paid by reason of a disability, incapacity or limited capability for work to which the dependant is subject;
(b)child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(40);
(c)any financial support payable to the dependant by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987(41);
(d)any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(42);
(e)in the case of a dependant with whom a child being looked after by an authority is placed, any payment made to that dependant in pursuance of Article 27 of the Children (Northern Ireland) Order 1995(43);
(f)any payments made to the dependant under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the dependant’s child or any assistance given by an authority pursuant to Article 35 of that Order; F167...
(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(44) [F168; and]
[F169(h)in the case of a dependant who is entitled to an award of universal credit—
(i)any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 (award to include [F170LCWRA element]), in respect of the fact that the dependant has F171... limited capability for work and work-related activity;
(ii)any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.]
(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s [F172residual income is] reduced by—
(a)an amount equal to the payments in question for the academic year, if in the opinion of the Department the obligation had been reasonably incurred; or
(b)such lesser amount, if any, as the Department considers appropriate if, in the opinion of the Department, a lesser obligation could reasonably have been incurred.
(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.
[F173(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.
(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs [F174(3)(b) and (c), (3A)(b) and (c), (8), (9) and (10)] of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]
Textual Amendments
F161Reg. 43(1)(ga)-(ge) and words inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(a)
F162Reg. 43(1)(ge) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 3
F163Words in reg. 43(1)(ge)(ii) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 6(a)
F164Reg. 43(1)(ge)(iii) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 6(b)
F165Reg. 43(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(b)
F166Words in reg. 43(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(c)(ii)
F167Word in reg. 43(2)(f) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(3)(a)
F168Word in reg. 43(2)(g) substituted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(3)(b)
F169Reg. 43(2)(h) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(3)(c)
F170Words in reg. 43(2)(h)(i) substituted (coming into operation in accordance with reg. 1(3) of the amending Rule) by The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), reg. 1(3), Sch. 1 para. 7 (with Sch. 2)
F171Words in reg. 43(2)(h)(i) omitted (coming into operation in accordance with reg. 1(3) of the amending Rule) by virtue of The Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/146), reg. 1(3), Sch. 1 para. 7 (with Sch. 2)
F172Words in reg. 43(3) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(d)
F173Reg. 43(5)(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(e)
F174Words in reg. 43(6) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 4
Commencement Information
I42Reg. 43 in operation at 17.12.2009, see reg. 1(1)
44.—(1) The grant for dependants consists of the following elements—
(a)adult dependants’ grant;
(b)childcare grant;
(c)parents’ learning allowance.
(2) The qualifying conditions for each element and the amounts payable are set out in regulations 45 to 48.
Commencement Information
I43Reg. 44 in operation at 17.12.2009, see reg. 1(1)
45.—(1) An eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation.
(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—
(a)the eligible student’s partner; or
(b)an adult dependant whose net income [F175for the relevant year] does not exceed £3,873.
(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being—
(a)£2,695; or
(b)where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,695 as the Department considers reasonable in the circumstances.
Textual Amendments
F175Words in reg. 45(2)(b) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 7
Commencement Information
I44Reg. 45 in operation at 17.12.2009, see reg. 1(1)
46.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation.
(2) Subject to paragraphs (3) [F176, (3B)] and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—
(a)a dependent child who is under the age of 15 immediately before the beginning of the academic year; or
(b)a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996(45) and is under the age of 17 immediately before the beginning of the academic year.
(3) [F177A does not qualify for a childcare grant if—
(a)A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002;
(b)A or A’s partner is entitled to an award of universal credit, the calculation of which includes and amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016; or
(c)A’s partner has elected to receive financial support for childcare under a healthcare bursary or Scottish healthcare allowance.]
[F178(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.
(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.]
(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.
(5) Subject to [F179paragraphs (6) and (8)] , the basic amount of childcare grant for each week is—
(a)for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £148.75 per week; or
(b)for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week
except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.
(6) For the purposes of calculating the basic amount of childcare grant—
(a)a week runs from Monday to Sunday; and
(b)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.
(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(46).
[F180(8) Where A’s application for a childcare grant does not identify a childcare provider, the Department may limit—
(a)the amount of grant paid to A to the amount specified in paragraph (9), and
(b)payment of the grant to one quarter of the academic year,
until A has submitted details of the childcare provider to the Department.
(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.
(10) Subject to paragraphs (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.
(11) Subject to paragraph (12), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.
(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F176Word in reg. 46(2) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 5(a)
F177Reg. 46(3) substituted (with application in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 11
F178Reg. 46(3A)(3B) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 5(b)
F179Words in reg. 46(5) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 8
F180Reg. 46(8)-(12) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 9
Commencement Information
I45Reg. 46 in operation at 17.12.2009, see reg. 1(1)
47.—(1) An eligible student (“A”) qualifies in connection with A’s attendance on a designated course for the parents’ learning allowance if A has one or more dependants who are dependent children.
(2) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being £1,538.
Commencement Information
I46Reg. 47 in operation at 17.12.2009, see reg. 1(1)
48.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 45 to 47 is the amount of that element remaining after applying, until it is extinguished, an amount equal to as follows and in the following order—
(a)to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 45;
(b)to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 46; and
(c)to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 47.
(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.
(3) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—
(a)the eligible student’s partner—
(i)is an eligible student; or
(ii)holds a statutory award; and
(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—
(a)the eligible student’s partner—
(i)is an eligible student; or
(ii)holds a statutory award; and
(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.
[F181(7) In this regulation—
A is the aggregate of—
(a)the residual income of the eligible student’s partner for the prior financial year;
(b)the residual income of the eligible student’s adult dependants for the prior financial year; and
(c)subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”.
Where the student begins the course before 1st September 2013, B is—
(a)£1,182 where the eligible student has no dependent child;
(b)£3,543 where the eligible student is not a lone parent and has one dependent child;
(c)£4,721 where the eligible student—
(i)is not a lone parent and has more than one dependent child; or
(ii)is a lone parent and has one dependent child;
(d)£5,910 where the eligible student is a lone parent and has more than one dependent child.
Where the student begins the course on or after 1st September 2013, B is—
(a)£6,182 where the eligible student has no dependent child;
(b)£8,543 where the eligible student is not a lone parent and has one dependent child;
(c)£9,721 where the eligible student—
(i)is not a lone parent and has more than one dependent child; or
(ii)is a lone parent and has one dependent child;
(d)£10,910 where the eligible student is a lone parent and has more than one dependent child.
(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st September 2013 in relation to a student “A” where A transfers to the current course pursuant to regulation 8 on or after 1st September 2013 from a designated course beginning before 1st September 2013.
(7B) Where the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(7D) In an academic year immediately following one in which the Department has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Department must ascertain the dependent children’s net income in the preceding financial year.]
(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—
(a)there is a change in the number of the eligible student’s dependants;
(b)a person becomes or ceases to be a dependant of the eligible student;
(c)the eligible student becomes or ceases to be a lone parent;
(d)a student becomes eligible for support as a result of an event referred to in regulation 18.
(9) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—
(a)how many dependants the eligible student is to be treated as having;
(b)who those dependants are;
(c)whether the student is to be treated as a lone parent.
(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(11) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.
(12) In this regulation, a “relevant quarter” means—
(a)in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;
(b)otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.
(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.
Textual Amendments
F181Reg. 48(7), (7A)-(7D) substituted for reg. 48(7) (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 10
Commencement Information
I47Reg. 48 in operation at 17.12.2009, see reg. 1(1)
49. For the purposes of this Chapter—
(a)any reference to expenditure incurred for the purpose of attending an institution or period of study [F182or period of overseas work placement in an Erasmus year] —
(i)includes expenditure both before and after so attending; and
(ii)does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;
(b)“qualifying quarter” means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute [F183or overseas workplace in an Erasmus year] for at least half the period covered by that quarter.
Textual Amendments
F182Reg. 49(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 12
F183Reg. 49(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 13
Commencement Information
I48Reg. 49 in operation at 17.12.2009, see reg. 1(1)
50. A grant for travel is available—
(a)to eligible students attending courses in medicine or dentistry in accordance with regulation 51;
(b)to eligible students attending an overseas institution or the Institute [F184or overseas workplace in an Erasmus year] in accordance with regulation 53.
Textual Amendments
F184Reg. 50(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 14
Commencement Information
I49Reg. 50 in operation at 17.12.2009, see reg. 1(1)
[F18550A.—(1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.
(2) Subject to paragraph (3), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a grant for travel in respect of such quarters as begin after the relevant event occurs.
(3) Where the state of which the student is a national accedes to the EU the student may qualify for the grant for travel only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F185Reg. 50A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 11
51. A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student’s course any hospital or other premises in the United Kingdom or Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.
Commencement Information
I50Reg. 51 in operation at 17.12.2009, see reg. 1(1)
52. The amount of grant payable under regulation 51 in respect of an academic year is equal to the reasonable expenditure that the Department determines the eligible student is obliged to incur for the purposes set out in that regulation less £309.
Commencement Information
I51Reg. 52 in operation at 17.12.2009, see reg. 1(1)
53. A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student’s course the overseas institution or the Institute [F186or overseas workplace in an Erasmus year] .
Textual Amendments
F186Reg. 53 text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 15
Commencement Information
I52Reg. 53 in operation at 17.12.2009, see reg. 1(1)
54. The amount of grant payable under regulation 53 in respect of an academic year is calculated as follows—
X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 53.
Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 55.
Commencement Information
I53Reg. 54 in operation at 17.12.2009, see reg. 1(1)
55. The expenditure specified in this regulation is—
(a)expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;
(b)the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and
(c)medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.
Commencement Information
I54Reg. 55 in operation at 17.12.2009, see reg. 1(1)
56. A deduction may be made from any grant under this Chapter in accordance with Part 8.
Commencement Information
I55Reg. 56 in operation at 17.12.2009, see reg. 1(1)
57.—(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with the student’s attendance on a designated course.
(2) A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.
(3) If a current system student does not qualify for a fee loan [F187or relevant institution charge loan] in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan [F187or relevant institution charge loan] is that—
(a)the year is an Erasmus year [F188in accordance with regulation 20(3)]; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
[F189(4) Subject to paragraph (5), a maintenance grant is payable to a qualifying student in respect of the four quarters of the academic year.
(5) Subject to paragraph (6), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters as begin after the relevant event occurs.
(6) Where the state of which the student is a national accedes to the EU the student may qualify for the maintenance grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F187Words in reg. 57(3) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 10
F188Words in reg. 57(3)(a) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 6
F189Reg. 57(4)-(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 12
Commencement Information
I56Reg. 57 in operation at 17.12.2009, see reg. 1(1)
58.—(1) The maximum amount of maintenance grant available in respect of an academic year is—
(a)in the case of a type 1 or type 3 teacher training student, £1,738;
(b)in the case of a type 2 teacher training student, £3,475; and
(c)in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475.
(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £29,019 the student receives an amount equal to
where
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659.
(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318.
(4) A type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019
B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and
(c)where the household income exceeds £41,065, no maintenance grant is payable.
(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203;
(c)where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to where—
RM is £1,318
A is £1 for every complete £9.50 by which the household income exceeds £29,019;
(d)where the household income exceeds £41,065, no maintenance grant is payable.
Commencement Information
I57Reg. 58 in operation at 17.12.2009, see reg. 1(1)
59.—(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student’s attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.
(2) A current system student qualifies for a special support grant if the student—
(a)falls within a prescribed category of person for the purposes of section 123(1)(e) of the Social Security Contributions and Benefits Act (Northern Ireland) 1992(47); F190...
(b)is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 129(2) of that Act(48); [F191or]
[F192(c)under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.]
(3) If a current system student does not qualify for a fee loan [F193or relevant institution charge loan] in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan [F193or relevant institution charge loan] is that—
(a)the year is an Erasmus year [F194in accordance with regulation 20(3)]; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
[F195(4) Subject to [F196paragraph] (5), a special support grant is payable in respect of the four quarters of the academic year.
(5) Subject to paragraph (6), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.
(6) Where the state of which the student is a national accedes to the EU the student may qualify for the special support grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F190Word in reg. 59(2)(a) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(5)(a)
F191Word in reg. 59(2)(b) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(5)(b)
F192Reg. 59(2)(c) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(5)(c)
F193Words in reg. 59(3) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 11
F194Words in reg. 59(3)(a) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 7(a)
F195Reg. 59(4)-(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 13
F196Word in reg. 59(4) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 7(b)
Commencement Information
I58Reg. 59 in operation at 17.12.2009, see reg. 1(1)
60.—(1) The maximum amount of special support grant available in respect of an academic year is—
(a)in the case of a type 1 or type 3 teacher training student, £1,738;
(b)in the case of a type 2 teacher training student, £3,475;
(c)in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475.
(2) A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659.
(3) A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318.
(4) A type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019
B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and
(c)where the household income exceeds £41,065, no special support grant is payable.
(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203;
(c)where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to where—
RM is £1,318
A is £1 for every complete £9.50 by which the household income exceeds £29,019; and
(d)where the household income exceeds £41,065, no special support grant is payable.
Commencement Information
I59Reg. 60 in operation at 17.12.2009, see reg. 1(1)
61.—(1) Subject to paragraph (2), an old system student who qualifies for a grant for fees under [F197Chapter 4] of Part 4 and who is under the age of 60 on the relevant date qualifies for a higher education bursary in accordance with his attendance on a designated course.
(2) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, he cannot qualify for a higher education bursary for that year unless the reason that he does not qualify for a grant for fees is because—
(a)the year is an Erasmus year; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) The amount of bursary payable in respect of any academic year shall be determined by reference to the household income ascertained under paragraph 3 of Schedule 5 in accordance with the following table—
Residual Income (£) | Bursary (£) |
---|---|
Up to 11,805 | 2,000 |
11,806 to 12,000 | 1,965 |
12,001 to 13,000 | 1,795 |
13,001 to 14,000 | 1,630 |
14,001 to 15,000 | 1,460 |
15,001 to 16,000 | 1,290 |
16,001 to 17,000 | 1,120 |
17,001 to 18,000 | 960 |
18,001 to 19,000 | 815 |
19,001 to 20,000 | 675 |
20,001 to 21,000 | 535 |
21,001 to 22,000 | 390 |
22,001 to 23,000 | 250 |
23,001 to 23,605 | 165 |
Over 23,605 | Nil |
Textual Amendments
F197Words in reg. 61(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 12
Commencement Information
I60Reg. 61 in operation at 17.12.2009, see reg. 1(1)
62. In this Part—
(a)a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;
(b)an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;
(c)the “relevant date” means the first day of the first academic year of the specified designated course;
(d)a “student with reduced entitlement” is an eligible student who—
(i)does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(a) or (b) or 39(5); or
(ii)opts when applying for a loan for living costs not to provide the information needed to calculate the household income;
(e)where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.
Commencement Information
I61Reg. 62 in operation at 17.12.2009, see reg. 1(1)
63.—(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and—
(a)where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or
(b)he does not have an honours degree from—
(i)an institution in the United Kingdom; or
(ii)an institution in the Republic of Ireland for which he received financial support under previous regulations.
(2) The condition in paragraph (1)(a) or (b) does not apply where—
(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
(b)the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;
[F198(c)the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount in respect of any academic year of the course; or]
(d)the current system student is on a course for the initial training of teachers.
(3) A current system student does not qualify for a loan for living costs if—
(a)he is in receipt of funding from the Department to participate in a management development programme known as [F199Study USA]; or
(b)the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
(4) A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(5) A current system student does not qualify for a loan for living costs if the student is a prisoner.
Textual Amendments
F198Reg. 63(2)(c) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 16
F199Words in reg. 63(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 8
Commencement Information
I62Reg. 63 in operation at 17.12.2009, see reg. 1(1)
64.—(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a), (b), (e)(i) or (f) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date.
(2) Subject to paragraph (4), an old system student who falls within paragraph (c), (d) or (e)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student meets the following conditions—
(a)is under the age of 60 on the relevant date; and
(b)does not have an honours degree from—
(i)an institution in the United Kingdom; or
(ii)an institution in the Republic of Ireland for which he received financial support under previous regulations.
(3) The condition in paragraph (2)(b) does not apply where—
(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;
(b)the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or
(c)the old system student is on a course for the initial training of teachers.
(4) An old system student does not qualify for a loan for living costs if—
(a)he is in receipt of funding from the Department to participate in a management development programme known as [F200Study USA]; or
(b)the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
(5) An old system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.
Textual Amendments
F200Words in reg. 64(4)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 9
Commencement Information
I63Reg. 64 in operation at 17.12.2009, see reg. 1(1)
65.—(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—
(a)where the eligible student is a current system student with full entitlement, in accordance with regulation 66 or 67;
(b)where the eligible student is an old system student with full entitlement, in accordance with regulation 68;
(c)where the eligible student is a student with reduced entitlement, in accordance with regulation 69.
Commencement Information
I64Reg. 65 in operation at 17.12.2009, see reg. 1(1)
66.—(1) This regulation applies to a current system student with full entitlement (other than a type 1 or type 2 teacher training student where his contribution exceeds nil).
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—
X is—
for a student in category A, £3,750;
for a student in category B, £6,780;
for a student in category C, £5,770;
for a student in category D, £4,840;
Y is the maintenance grant amount.
(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—
X is—
for a student in category A, £3,390;
for a student in category B, £6,170;
for a student in category C, £5,015;
for a student in category D, £4,480;
Y is the maintenance grant amount.
(4) “the maintenance grant amount” is, unless otherwise stated,—
(i)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,318, the amount of maintenance grant payable;
(ii)where the student qualifies under regulation 58(2) or (4) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,603 less £1 in every complete £17.25 by which the household exceeds £19,203;
(iii)where the student qualifies under regulation 58(3) or (5) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £1,887 less £1 in every complete £17.25 by which the household income exceeds £19,203;
(iv)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,475, £1,887; and
(v)where no maintenance grant is payable, nil.
Commencement Information
I65Reg. 66 in operation at 17.12.2009, see reg. 1(1)
67.—(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is —
(a)for a student in category A, £3,750;
(b)for a student in category B, £6,780;
(c)for a student in category C, £5,770;
(d)for a student in category D, £4,840.
(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—
(a)for a student in category A, £3,390;
(b)for a student in category B, £6,170;
(c)for a student in category C, £5,015;
(d)for a student in category D, £4,480.
Commencement Information
I66Reg. 67 in operation at 17.12.2009, see reg. 1(1)
68.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X – Y where—
X is —
for a student in category A, £3,750;
for a student in category B, £6,780;
for a student in category C, £5,770;
for a student in category D, £4,840.
Y is the reduction.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X – Y where—
X is —
for a student in category A, £3,390;
for a student in category B, £6,170;
for a student in category C, £5,015;
for a student in category D, £4,480.
Y is the reduction.
(3) In this regulation, “the reduction” is—
(a)for students eligible for the maximum bursary of £2,000 under regulation 61, £1,500; and
(b)in all other cases the amount of bursary for which the student is eligible under regulation 61, subject to paragraph (4).
(4) Where the maximum amount of loans set out in paragraphs (1) and (2) are reduced under paragraph (3), such reductions shall not have effect so as to reduce the amount of loan below the amount applicable to the student under regulation 69(1)(d) or (2)(d).
Commencement Information
I67Reg. 68 in operation at 17.12.2009, see reg. 1(1)
69.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—
(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—
(i)for a student in category A, £1,780;
(ii)for a student in category B, £3,330;
(iii)for a student in category C or D, £2,370.
(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—
(i)for a student in category A, £1,780
(ii)for a student in category B, £3,330;
(iii)for a student in category C, £2,835;
(iv)for a student in category D, £2,370.
(c)where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—
X is—
for a student in category A, £2,812;
for a student in category B, £5,085;
for a student in category C, £4,330;
for a student in category D, £3,630;
Y is the amount specified in paragraph (3).
(d)Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—
(i)for a student in category A, £2,150;
(ii)for a student in category B, £5,180;
(iii)for a student in category C, £4,170;
(iv)for a student in category D, £3,240.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—
(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—
(i)for a student in category A, £1,350;
(ii)for a student in category B, £2,550;
(iii)for a student in category C or D, £1,850;
(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—
(i)for a student in category A, £1,350;
(ii)for a student in category B, £2,550;
(iii)for a student in category C, £2,070;
(iv)for a student in category D, £1,850;
(c)where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—
X is—
for a student in category A, £2,540;
for a student in category B, £4,630;
for a student in category C, £3,760;
for a student in category D, £3,360;
Y is the amount specified in paragraph (3).
(d)Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—
(i)for a student in category A, £1,785;
(ii)for a student in category B, £4,570;
(iii)for a student in category C, £3,415;
(iv)for a student in category D, £2,880.
(3) The specified amount is—
(a)£659 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £659;
(b)£1,318 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,318;
(c)nil where the student is not a type 1 or type 2 teacher training student.
Commencement Information
I68Reg. 69 in operation at 17.12.2009, see reg. 1(1)
70.—(1) An eligible student qualifies for a long courses loan in connection with the student’s attendance on a designated course if the student—
(a)qualifies for a loan for living costs under this Part;
(b)is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and
(c)is not a student with reduced entitlement.
(2) The maximum amount of long courses loan is where—
X is calculated in accordance with paragraph (3),
Y is calculated in accordance with paragraph (4);
(3) Where an eligible student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5);
(4) Where an eligible student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5);
(5) The amount is—
(i)for a student in category A, £55;
(ii)for a student in category B, £108;
(iii)for a student in category C, £117;
(iv)for a student in category D, £84.
(6) Where an eligible student attends a course at the University of Ulster for a period not exceeding 6 weeks during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the maximum amount of long courses loan for each week or part week of such attendance is—
(a)for a student in Category A, by £55; or
(b)for a student in Category D, by £84
(7) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.
Commencement Information
I69Reg. 70 in operation at 17.12.2009, see reg. 1(1)
71.—[F202(1) Subject to regulation 74, the loan for living costs is payable in respect of three quarters of the academic year and the long courses loan is payable in respect of four quarters of the academic year.]
(2) The loan for living costs is not payable—
(a)in the case of a compressed degree student, in respect of the quarter nominated by the Department;
(b)in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs.
F203(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F201Words in reg. 71 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(a)
F202Reg. 71(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(b)
F203Reg. 71(3) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(c)
Commencement Information
I70Reg. 71 in operation at 17.12.2009, see reg. 1(1)
72. Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year—
(a)the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;
(b)the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;
(c)the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;
(d)the maximum amount of long courses loan for each such quarter is one [F204fourth] of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and
(e)the category which applies to a quarter is—
(i)the category into which the student falls for the longer or longest period in that quarter; or
(ii)if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.
Textual Amendments
F204Word in reg. 72(d) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 10
Commencement Information
I71Reg. 72 in operation at 17.12.2009, see reg. 1(1)
73.—(1) Where an eligible student (“X”) resides at X’s parents’ home and the Department is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part.
Commencement Information
I72Reg. 73 in operation at 17.12.2009, see reg. 1(1)
74.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.
(2) The events are—
(a)the student’s course becomes a designated course;
(b)the student, or the student’s spouse, civil partner or parent is recognised as a refugee [F205or becomes a person granted humanitarian protection] [F206or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F207on the grounds of discretionary leave] ;
(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
[F208(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]
(e)the student becomes the child of a Turkish worker;
(f)the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2; F209...
(g)the student becomes the child of a Swiss national [F210; F211...]
[F212(h)the student becomes a person granted section 67 leave [F213;]]
[F214( i)the student becomes a person granted Calais leave;]
[F215(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F216(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.
(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.
(7) The maximum amount of long courses loan for each quarter is one [F217fourth] of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
Textual Amendments
F205Words in reg. 74(2)(b) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(d)
F206Words in reg. 74(2)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(d)
F207Words in reg. 74(2)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(d)
F208Reg. 74(2)(d) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 7
F209Word in reg. 74(2)(f) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 21(a)
F210Word in reg. 74(2)(g) substituted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 21(b)
F211Word in reg. 74(2)(g) omitted (with effect in accordance with reg.1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(d)(i)
F212Reg. 74(2)(h) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 21(c)
F213Word in reg. 74(2)(h) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(d)(ii)
F214Reg. 74(2)(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(d)(iii)
F215Reg. 74(2)(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(c)
F216Reg. 74(2)(k) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(c)
F217Word in reg. 74(7) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 11
Commencement Information
I73Reg. 74 in operation at 17.12.2009, see reg. 1(1)
75.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan.
(2) This regulation applies to—
(a)a compressed degree student;
[F218(aa)a student on a period of study or period of overseas work placement in an Erasmus year;]
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Textual Amendments
F218Reg. 75(2)(aa) inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 17
Commencement Information
I74Reg. 75 in operation at 17.12.2009, see reg. 1(1)
76.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 8.
(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.
Commencement Information
I75Reg. 76 in operation at 17.12.2009, see reg. 1(1)
77.—(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—
(a)the Department determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and
(b)the Department considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—
(i)failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or
(ii)providing information that is inaccurate in any material particular.
(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the student’s case.
Commencement Information
I76Reg. 77 in operation at 17.12.2009, see reg. 1(1)
78. In this Part—
(a)a student (“X”) is in category A if—
(i)X resides at X’s parents’ home while attending the designated course; or
(ii)X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;
(b)a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—
(i)a course at the University of London;
(ii)a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or
(iii)a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that “Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;
(c)a student is in category C if the student is not in category A and—
(i)attends an overseas institution as part of the student’s course; F219...
(ii)attends the Institute; [F220or
(iii)attends an overseas work placement in an Erasmus year;]
(d)a student is in category D if the student is not in categories A to C.
Textual Amendments
F219Word in reg. 78(c)(i) omitted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 18
F220Reg. 78(c)(iii) and word inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 19
Commencement Information
I77Reg. 78 in operation at 17.12.2009, see reg. 1(1)
79. An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course in accordance with this Part.
Commencement Information
I78Reg. 79 in operation at 17.12.2009, see reg. 1(1)
80.—(1) An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course if the student—
(a)has an honours degree from an institution in the United Kingdom;
(b)is taking a qualifying course which the student—
(i)began on or after 1st September 2006 and on which the student is continuing after 31st August 2010; or
(ii)begins on or after 1st September 2010;
(c)is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and
(d)was under the age of 60 on the first day of the first academic year of the qualifying course.
Commencement Information
I79Reg. 80 in operation at 17.12.2009, see reg. 1(1)
81. A person is a “person treated as an eligible student” if—
(a)none of the circumstances in regulation 5(3) applies to that person; and
(b)either—
(i)that person would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 2 if any requirement in those paragraphs to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland; or
(ii)that person is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 2 if the requirement in that paragraph to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland.
Commencement Information
I80Reg. 81 in operation at 17.12.2009, see reg. 1(1)
82. A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because the student is unable to attend for a reason which relates to that student’s disability is treated as being in attendance on the qualifying course for the purpose of qualifying for the college fee loan.
Commencement Information
I81Reg. 82 in operation at 17.12.2009, see reg. 1(1)
83.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—
(a)a student may qualify for a college fee loan in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and
(b)a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(2) The relevant events are—
(a)the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee [F221or becomes a person granted humanitarian protection] [F222or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F223on the grounds of discretionary leave] ;
(b)a state accedes to the European Community and the student is a national of that state or is the family member (as defined in Part 1 of Schedule 2) of a national of that state;
(c)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F224or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member] or would have become a family member of an EC national if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;
[F225(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]
(e)the student becomes the child of a Turkish worker;
(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 2 or would have become such a person if the requirement to be ordinarily resident in Northern Ireland and the requirement to be working or self-employed in Northern Ireland in paragraph 6 of Schedule 2 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;
(g)the student becomes the child of a Swiss national [F226;]
[F227(h)the student becomes a person granted section 67 leave [F228;]]
[F229(i)the student becomes a person granted Calais leave;]
[F230(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F231(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F221Words in reg. 83(2)(a) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(e)
F222Words in reg. 83(2)(a) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(e)
F223Words in reg. 83(2)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(e)
F224Words in reg. 83(2)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 8(a)
F225Reg. 83(2)(d) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 8(b)
F226Semi-colon in reg. 83(2)(g) substituted (with application in accordance with reg. 1(5) of the amending Rule) for full stop by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 22(a)
F227Reg. 83(2)(h) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 22(b)
F228Word in reg. 83(2)(h) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(e)(i)
F229Reg. 83(2)(i) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(e)(ii)
F230Reg. 83(2)(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(d)
F231Reg. 83(2)(k) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(d)
Commencement Information
I82Reg. 83 in operation at 17.12.2009, see reg. 1(1)
84.—(1) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.
(2) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.
(3) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.
Commencement Information
I83Reg. 84 in operation at 17.12.2009, see reg. 1(1)
85.—(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to the college or permanent private hall in connection with that year.
(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.
Commencement Information
I84Reg. 85 in operation at 17.12.2009, see reg. 1(1)
86. Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—
(a)the Department must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;
(b)subject to paragraph (c), if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 100 are met and the student cannot qualify for another college fee loan in respect of that academic year;
(c)if the student transfers after the college fee loan is paid and before the end of the academic year, the student cannot apply for another college fee loan in connection with the academic year of the qualifying course to which the student transfers.
Commencement Information
I85Reg. 86 in operation at 17.12.2009, see reg. 1(1)
87.—(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.
(2) For the purposes of the exercise of the Department’s functions under the Order and regulations made under it the Department may require an eligible student to provide from time to time such information as the Department considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.
Commencement Information
I86Reg. 87 in operation at 17.12.2009, see reg. 1(1)
88. In the case of a current system student, the Department must apply the contribution in accordance with regulation 91.
Commencement Information
I87Reg. 88 in operation at 17.12.2009, see reg. 1(1)
89.—(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 32(1) or 33(1), to determine the actual amount of grant for fees that is payable, the Department must first apply the contribution to reduce the basic amount of the grant for fees.
(2) If the contribution is not extinguished under paragraph (1), the Department must apply the remainder in accordance with regulation 90.
(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 90.
(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 32(2) or regulation 33(2) and one of the cases set out in regulation 25(3)(b) or (d) applies, to determine the actual amount of the grant for fees that is payable, the Department must—
(a)first, apply the contribution to reduce the basic amount of the grant for fees;
(b)second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and
(c)third, if the contribution is still not extinguished, apply the remainder in accordance with regulation 90.
(5) In the case of an Erasmus year, the Department must apply the amount by which the contribution exceeds [F232£1,785 ]in accordance with regulation 90.
(6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 90.
Textual Amendments
F232Sum in Reg. 89(5) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I88Reg. 89 in operation at 17.12.2009, see reg. 1(1)
90. The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—
(a)first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 48;
(b)second, to reduce the childcare grant calculated in accordance with regulation 48;
(c)third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (except the first £50 of the allowance);
(d)fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 91;
(e)fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.
Commencement Information
I89Reg. 90 in operation at 17.12.2009, see reg. 1(1)
91.—(1) Subject to paragraphs (2) and (5), for a current system student, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,812, in the case of a student in category A;
(b)£5,085, in the case of a student in category B;
(c)£4,330, in the case of a student in category C;
(d)£3,630, in the case of a student in category D.
(2) Subject to paragraph (5), for a current system student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,540, in the case of a student in category A;
(b)£4,630, in the case of a student in category B;
(c)£3,760, in the case of a student in category C;
(d)£3,360, in the case of a student in category D.
(3) Subject to paragraphs (4) and (5), for an old system student, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,150, in the case of a student in category A;
(b)£5,180, in the case of a student in category B;
(c)£4,170, in the case of a student in category C;
(d)£3,240, in the case of a student in category D.
(4) Subject to paragraph (5), for an old system student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is—
(a)£1,785 in the case of a student in category A;
(b)£4,570, in the case of a student in category B;
(c)£3,415, in the case of a student in category C;
(d)£2,880, in the case of a student in category D.
(5) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) to (4) are the aggregate of the amounts determined under paragraph (6) for each of the quarters in respect of which a loan is payable.
(6) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3) or (4) which corresponds to the rate applicable for the quarter.
(7) The rate applicable for a quarter is determined in accordance with regulation 72.
(8) Categories A to D have the meaning given in regulation 78.
Commencement Information
I90Reg. 91 in operation at 17.12.2009, see reg. 1(1)
92.—(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.
(2) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—
where
A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and
B is the amount of maintenance grant payable to the student.
Commencement Information
I91Reg. 92 in operation at 17.12.2009, see reg. 1(1)
93. In this Part—
(a)“attendance confirmation” means—
(i)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student has a disability; and
(cc)the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);
(ii)confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and
(cc)sub-paragraph (i)(cc) does not apply;
(iii)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course other than for the first time; or
(bb)the student is applying for support in connection with a designated course for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution;
(b)“payment period” means a period in respect of which the Department pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.
Commencement Information
I92Reg. 93 in operation at 17.12.2009, see reg. 1(1)
94.—(1) The Department must not pay the grant for fees for which a student qualifies until the Department has received a request for payment from the academic authority.
(2) Payment must be made to the academic authority—
(a)not before the expiry of a period of three months beginning with the first day of the academic year; and
(b)not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later.
(3) Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Department may make a provisional assessment and payment.
(4) No payment of the grant for fees can be made in respect of a designated course if—
(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 19, undertake the course; and
(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.
Commencement Information
I93Reg. 94 in operation at 17.12.2009, see reg. 1(1)
95.—(1) The Department may pay support under Part 5 in instalments.
(2) Subject to paragraph (3), the Department may pay support under Part 5 at such times as the Department considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Department.
(4) The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Department has received the attendance confirmation unless an exception applies.
(5) An exception applies if—
(a)a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5.
(8) Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.
(9) Paragraph (8) does not apply in respect of disabled student’s allowance.
(10) In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.
(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.
(12) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine—
(a)the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and
(b)how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).
(13) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(14) If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—
(a)the Department may treat the excess as an overpayment of that grant; or
(b)if the Department considers that it is appropriate to do so the Department may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.
(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.
(16) Paragraph (15) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment.
(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.
(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.
(20) Where, after the Department has made any payment of support under Part 5 or Part 6, the Department makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—
(a)if the determination increases the amount of that grant for which the student qualifies the Department must pay the additional amount in such instalments (if any) and at such times as the Department considers appropriate;
(b)if the determination decreases the amount of that grant for which the student qualifies the Department must subtract the amount of the decrease from the amount of that grant which remains to be paid;
(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year;
(d)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Commencement Information
I94Reg. 95 in operation at 17.12.2009, see reg. 1(1)
96.—(1) Subject to paragraph (2) —
[F233(a)fee loans and relevant institution charge loans are payable in accordance with regulation 99;
(ab)fee contribution loans are payable in accordance with regulation 99A;]
(b)college fee loans are payable in accordance with regulation 100;
(c)loans for living costs and long courses loans are payable in accordance with regulation 101;
(2) Regulations 97 and 98 apply in respect of the payment of all loans.
Textual Amendments
F233Reg. 96(1)(a)(ab) substituted for reg. 96(1)(a) (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 13
Commencement Information
I95Reg. 96 in operation at 17.12.2009, see reg. 1(1)
97.—(1) The Department may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide the Department with the student’s United Kingdom national insurance number.
(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the loan to the eligible or qualifying student before it is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Department may make a payment of loan to an eligible or qualifying student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).
Commencement Information
I96Reg. 97 in operation at 17.12.2009, see reg. 1(1)
98.—(1) The Department may at any time request from an applicant, eligible student or qualifying student information that the Department considers is required to recover a loan.
(2) The Department may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.
(3) The Department may at any time request from an applicant, eligible student or qualifying student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.
(4) Where the Department has requested information under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.
(5) Where the Department has requested an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested.
Commencement Information
I97Reg. 98 in operation at 17.12.2009, see reg. 1(1)
[F23499.—(1) The Department must pay the fee loan [F235or relevant institution charge loan] for which an eligible student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the fee loan [F235or relevant institution charge loan] in instalments.
(3) The Department must not pay the fee loan [F235or relevant institution charge loan] or instalment of fee loan [F235or relevant institution charge loan] until the Department has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form as may be required by the Department) of the student’s attendance on the course for the period to which the instalment relates.
(4) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–
(a)has enrolled for the academic year and has begun to attend the course for that academic year, where the confirmation relates to payment of the fee loan [F235or relevant institution charge loan] or the first instalment of the fee loan [F235or relevant institution charge loan] for the academic year; or
(b)remains enrolled and continues to attend the course, where the confirmation relates to payment of an instalment of the fee loan [F235or relevant institution charge loan] other than the first instalment.
(5) The academic authority must inform the Department if a student ceases to attend the designated course during the academic year.]
Textual Amendments
F234Reg. 99 substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 5
F235Words in reg. 99 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 14
99A.—(1) The Department must pay the fee contribution loan for which an eligible student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the fee contribution loan in instalments.
(3) The Department must not pay the fee contribution loan before—
(a)the Department has received a request for payment from the academic authority; and
(b)a period of three months beginning with the first day of the academic year has expired.
(4) Where assessment of an old system student’s contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the Department may make a provisional assessment and payment.
(5) No payment of fee contribution loan can be made in respect of a designated course if–
(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 19, undertake the course; and
(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom or the Republic of Ireland the course again during the academic year in respect of which the fees are payable or at all.]
Textual Amendments
100.—(1) The Department must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.
(2) The Department must pay the college fee loan in a single instalment.
(3) The Department must not pay the college fee loan before—
(a)the Department has received a request for payment from the college or permanent private hall; and
(b)a period of three months beginning with the first day of the academic year has expired.
(4) A college or permanent private hall is required to send an attendance confirmation to the Department.
(5) The Department must not pay the college fee loan until the Department has received an attendance confirmation from the relevant college or permanent private hall unless the Department determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving that confirmation.
(6) The Department must not make a payment of college fee loan in respect of a qualifying course if—
(a)before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend or, in the case of a student who is treated as in attendance under regulation 82, undertake the course; and
(b)the college or permanent private hall has determined or agreed that the student will not begin attending or, as the case may be, undertaking the course in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.
Commencement Information
I98Reg. 100 in operation at 17.12.2009, see reg. 1(1)
101.—(1) The Department may pay support under Part 6 in instalments.
(2) Subject to paragraph (4), the Department may pay support under Part 6 at such times as the Department considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Department.
(4) The Department must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Department has received an attendance confirmation from the relevant academic authority unless an exception applies.
(5) An exception applies if the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 6.
(7) Payments of support under Part 6 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(8) Where the Department has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Department may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Department considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(9) Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.
(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Department must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.
(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.
(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.
(14) An eligible student is not to be considered absent from the student’s course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.
(15) Where, after the Department has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Department makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—
[F237(a)the Department must subtract from any amount of loan which remains to be paid under Part 6 such an amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;
(b)if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;]
(c)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Textual Amendments
F237Reg. 101(15)(a)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 10
Commencement Information
I99Reg. 101 in operation at 17.12.2009, see reg. 1(1)
[F238102.—(1) Any overpayment of fee support is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of fee support was made.
[F239(1A) A student must, if so required by the Department, repay any amount of fee support paid to the student, or in respect of the student, which for whatever reason exceeds the amount of fee support to which the student is entitled.]
(2) An overpayment of a fee loan [F240or relevant institution charge loan] may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances,—
(a)by subtracting the overpayment from any amount on the fee loan [F240or relevant institution charge loan] which remains to be paid;
[F241(aa)by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order;]
(b)by requiring the student to repay the fee loan [F240or relevant institution charge loan] in accordance with regulations made under Article 3 of the Order;
(c)by taking such other action for the recovery of an overpayment as is available to the Department.]
Textual Amendments
F238Reg. 102 substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 7
F239Reg. 102(1A) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 6(a)
F240Words in reg. 102(2) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 15
[F242103.—(1) Any overpayment of college fee loan is recoverable by the Department from—
(a)the college or permanent private hall; or
(b)the student in respect of whom the payment of college fee loan was made.
[F243(1A) A student must, if so required by the Department, repay any amount of college fee loan paid to the student, or in respect of the student, which for whatever reason exceeds the amount of college fee loan to which the student is entitled.]
(2) An overpayment of college fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances,—
(a)by subtracting the overpayment from any amount of college fee loan which remains to be paid;
[F244(aa)by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order;]
(b)by requiring the student to repay the college fee loan in accordance with regulations made under Article 3 of the Order;
(c)by taking such other action for the recovery of an overpayment is available to the Department.]
Textual Amendments
F242Reg. 103 substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 8
104.—(1) [F245A student] must, if so required by the Department, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.
(2) The Department must recover an overpayment of any bursary or grant for living and other costs unless the Department considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of bursary or grant [F246or loan] payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(4) A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise.
(7) The circumstances are—
(a)the Department applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the F247... student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the student’s period of eligibility terminates.
(8) The circumstances are—
(a)the F248... student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.
(9) Where there is an overpayment of the disabled students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
[F249(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Department from the student to whom the payment was made.]
[F250(11) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)requiring the student to repay the loan in accordance with regulations made under Article 3 of the Order;
(c)taking such other action for the recovery of an overpayment as is available to the Department.]
F251(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F245Words in reg. 104(1) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(a)
F246Words in reg. 104(3)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(b)
F247Word in reg. 104(7)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(c)
F248Word in reg. 104(8)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(c)
F249Reg. 104(10) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(d)
F250Reg. 104(11) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(e)
F251Reg. 104(12) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 8(f)
Commencement Information
I100Reg. 104 in operation at 17.12.2009, see reg. 1(1)
105.—(1) An eligible distance learning student qualifies for support in connection with the student undertaking a designated distance learning course subject to and in accordance with this Part.
(2) Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing the person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”) is not an eligible distance learning student if—
(a)[F252A is eligible to apply for,] in connection with the distance learning course—
(i)a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(49);
(b)A is in breach of any obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(e)subject to paragraph (5), A is a prisoner.
F253(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(8) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (9) or (10)—
(a)paragraphs (2) and (3) do not apply to that person; and
(b)that person is an eligible distance learning student for the purposes of this Part.
(9) The conditions in this paragraph are—
(a)the person qualified as an eligible distance learning student in connection with an earlier academic year of the current designated distance learning course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible distance learning student has not terminated.
(10) The conditions in this paragraph are—
(a)the Department has previously determined that the person is—
(i)an eligible student in connection with a designated course;
(ii)an eligible distance learning student in connection with a designated distance learning course other than the current distance learning course; or
(iii)an eligible part-time student in connection with a designated part-time course;
(b)the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible distance learning student has not terminated.
(11) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(50)),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.
[F254(11A) Where—
(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible distance learning student in connection with–
(i)an application for support for an earlier year of the current distance learning course; or
(ii)an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F255(11B) Where—
(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible distance learning student in connection with–
(i)an application for support for an earlier year of the current distance learning course; or
(ii)an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F256(11C) Where—
(a)the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current course, or an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F257(11D) Where—
(a)the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—
(i)an eligible distance learning student in connection with an application for support for an earlier year of the current course,
(ii)an eligible student in connection with an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
(12) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain [F258on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain [F259on the grounds of discretionary leave] is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Department determined that the person was an eligible student or eligible part-time student, as the case may be, before 21st September 2007.
(14) An eligible distance learning student may not, at any one time, qualify for support for—
(a)more than one designated distance learning course;
(b)a designated distance learning course and a designated course;
(c)a designated distance learning course and a designated part-time course;
(d)a designated distance learning course and a designated postgraduate course [F260;]
[F261(e)a designated distance learning course and a designated Master’s, etc. course.]
Textual Amendments
F252Reg. 105(3)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 20
F253Reg. 105(4) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
F254Reg. 105(11A) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(b)(i)
F255Reg. 105(11B) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(f)(i)
F256Reg. 105(11C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(f)(i)
F257Reg. 105(11D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(f)(i)
F258Words in reg. 105(12)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(f)(i)
F259Words in reg. 105(12)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(f)(ii)
F260Semi-colon in reg. 105(14)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 6(a)
F261Reg. 105(14)(e) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 6(b)
Commencement Information
I101Reg. 105 in operation at 17.12.2009, see reg. 1(1)
106.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
[F262(1A) Where one of the events listed in sub-paragraphs (a), (b), (c), (d), (f), (g), (h) [F263(i), (j), (k), (l) or (m)] of paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for a distance learning fee loan in respect of that academic year in accordance with this Part, provided that the relevant event occurred within the first three months of the academic year; and
(b)a distance learning fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.]
(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) [F264(i), (j), (k), (l) or (m)] of paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and
(b)a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) [F265(i), (j), (k), (l) or (m)] of paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for disabled distance learning students’ allowance in respect of that academic year in accordance with this Part; and
(b)disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The events are—
(a)the student’s course becomes a designated distance learning course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee [F266or becomes a person granted humanitarian protection] [F267or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F268on the grounds of discretionary leave] ;
(c)a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F269or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member];
(e)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
[F270(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 2;
(h)the student becomes the child of a Swiss national; F271...
(i)the student becomes the child of a Turkish worker ;F272...
[F273(j)the student becomes a person granted section 67 leave [F274;]]
[F275(k)the student becomes a person granted Calais leave;]
[F276(l)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F277(m)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F262Reg. 106(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 7
F263Words in reg. 106(1A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(i)
F264Words in reg. 106(2) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(ii)
F265Words in reg. 106(3) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(iii)
F266Words in reg. 106(4)(b) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(g)
F267Words in reg. 106(4)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(g)
F268Words in reg. 106(4)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(g)
F269Words in reg. 106(4)(d) inserted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 9(a)
F270Reg. 106(4)(f) substituted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 9(b)
F271Word in reg. 106(4)(h) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 23(a)
F272Word in reg. 106(4)(i) omitted (with effect in accordance with reg.1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(iv)(aa)
F273Reg. 106(4)(j) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 23(c)
F274Word in reg. 106(4)(j) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(iv)(bb)
F275Words in reg. 106(4) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(g)(iv)(cc)
F276Reg. 106(4)(l) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(e)
F277Reg. 106(4)(m) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(e)
Commencement Information
I102Reg. 106 in operation at 17.12.2009, see reg. 1(1)
107.—(1) A course is designated for the purposes of Article 3(1) of the Order and regulation 105 if it is designated by the Department under this regulation.
(2) Subject to paragraph (4), the Department may designate a course under this regulation if in the Department’s opinion—
(a)the course is mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)the course is a full-time course;
(c)the course is of at least one academic year’s duration; and
(d)students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.
(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Department may disregard—
(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—
(i)registration or enrolment;
(ii)an examination;
(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend [F278, from time to time during the week] or during any vacation;
(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.
(4) The Department may not designate a course as a designated distance learning course if—
(a)it falls within paragraph 7 or 8 of Schedule 3; and
(b)the governing body of a school has arranged for the provision of the course to a pupil of the school.
(5) A first degree course is not a designated course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
[F279(6) The Department may revoke or suspend the designation of a course which is designated under this regulation.]
Textual Amendments
F278Words in reg. 107(3)(b) inserted (23.3.2018) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 3
F279Reg. 107(6) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 7
Commencement Information
I103Reg. 107 in operation at 17.12.2009, see reg. 1(1)
108.—(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 105.
(2) The period for which an eligible distance learning student retains that status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 107, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.
(4) The period of eligibility terminates when the eligible distance learning student (“A”)—
(a)withdraws from A’s designated distance learning course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status under regulation 116, 117, 118 or 135; or
(b)abandons or is expelled from A’s designated distance learning course.
(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.
(6) If the Department is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 121 [F280or 121A].
(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Textual Amendments
F280Words in reg. 108(6)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 8
Commencement Information
I104Reg. 108 in operation at 17.12.2009, see reg. 1(1)
109.—(1) For the purposes of this regulation, the support available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)£1,230; and
(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; F281...
[F282(aa)a distance learning fee loan, where—
(i)the fees charged by the academic authority in respect of an academic year of the designated distance learning course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 110; or
(ii)it has been determined in accordance with regulation 110 that no grant is payable under sub-paragraph (a); or
(iii)the eligible distance learning student does not apply for the grant mentioned in sub-paragraph (a); and]
(b)a grant not exceeding £265 for books, travel and other expenditure in connection with the designated distance learning course.
[F283(1A) A distance learning fee loan is administered in accordance with regulation 110A.]
(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
F284(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F285(4) An eligible distance learning student does not qualify for support under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year. ]
[F286(4A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Department considers that the student is undertaking the course outside the United Kingdom.]
[F287(4B) Paragraphs (4) and (4A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
[F288(4C) For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.]
(5) An eligible distance learning student does not qualify for support [F289under paragraphs (1)(a) or (b)] if the student has undertaken one or more distance learning courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).
(6) The loans and grants are—
(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under Article 3 of the Order;
(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act(51); or
(c)a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(52).
[F290(6A) An eligible distance learning student does not qualify for a distance learning fee loan under paragraph (1)(aa) if—
(a)the student has undertaken one or more distance learning courses for sixteen years in aggregate; and
(b)the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).]
(7) Subject to paragraphs (8) and (9), an eligible distance learning student does not qualify for support under this regulation if—
(a)the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or
(b)the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current distance learning course before 1st September 2009.
(8) Where paragraph (9) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(9) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 116 from a course which began before 1st September 2009.
Textual Amendments
F281Word in reg. 109(1)(a)(ii) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 9(a)(i)
F282Reg. 109(1)(aa) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 9(a)(ii)
F283Reg. 109(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 9(b)
F284Reg. 109(3) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
F285Reg. 109(4) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 14(a)
F286Reg. 109(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 14(b)
F287Reg. 109(4B) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 7
F288Reg. 109(4C) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 4
F289Words in reg. 109(5) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 9(c)
F290Reg. 109(6A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 9(d)
Commencement Information
I105Reg. 109 in operation at 17.12.2009, see reg. 1(1)
110.—(1) Subject to paragraph (2) and regulation 116(6), the amount of support payable in respect of an academic year is determined as follows—
(a)if at the date of the eligible distance learning student’s application the student or the student’s partner is entitled—
(i)under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(53) to income support or housing benefit;
(ii)under Part II of the Jobseekers (Northern Ireland) Order 1995(54) to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950(55) to training allowance or training premium; F292...
(iii)under Part 1 of the Welfare Reform Act (Northern Ireland) 2007(56) to an income-related employment and support allowance; [F293or
(iv)to universal credit;]
the maximum amount of support available under regulation 109(1) is payable;
(b)where the relevant income is less than £16,843, the maximum amount of support available under regulation 109(1) is payable;
(c)where the relevant income is £16,843, the maximum amount of support available under regulation 109(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109(1)(a);
(d)where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is the amount determined in accordance with paragraph (2);
(e)where the relevant income is £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is £50;
(f)where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 109(1)(b) is payable and no support is payable under regulation 109(1)(a);
(g)where the relevant income is £26,030 or more but less than £28,067, the amount of support payable under regulation 109(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no support is payable under regulation 109(1)(a);
(h)where the relevant income is £28,067, the amount of support payable under regulation 109(1)(b) is £50, and no support is payable under regulation 109(1)(a);
(i)where the relevant income exceeds £28,067, no support is payable under regulation 109(1).
(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 109(1)(a) is determined by deducting from the maximum amount of support available under regulation 109(1)(a) one of the following amounts—
(a)£50 plus a further £1 for each complete £7.59 by which the relevant income exceeds £16,843; or
(b)where the actual fees are less than £1,230, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,230 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109(1)(a) is payable).
Textual Amendments
F291Reg. 110 heading substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 10
F292Word in reg. 110(1)(a)(ii) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(6)(a)
F293Reg. 110(1)(a)(iv) and word inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(6)(b)
Commencement Information
I106Reg. 110 in operation at 17.12.2009, see reg. 1(1)
110A.—(1) The maximum amount of distance learning fee loan in respect of an academic year of a designated distance learning course must not exceed the lesser of—
(a)[F295£3,397.50;] and
(b)the fees payable by the student in connection with that year.
(2) Subject to paragraphs (3) and (6), the distance learning fee loan to which an eligible distance learning student is entitled is calculated as follows—
where
DFC is the amount determined in accordance with paragraph (1);
DFG is the grant paid under regulation 109(1)(a), if any.
(3) If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of distance learning fee loan in respect of the academic year of the course to which that student transfers.
(4) The circumstances are—
(a)the fees payable in respect of the academic year of the course to which the eligible distance learning student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the eligible distance learning student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(5) Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible distance learning student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is determined by deducting the amount of any distance learning fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of—
(a)the amount specified in paragraph (1)(a); and
(b)the fees payable by the student in respect of the academic year to which the student is transferring,
minus any grant paid under regulation 109(1)(a) in respect of the academic year from which the student is transferring.
(6) If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a distance learning fee loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where the circumstances in paragraph (7) apply, the maximum amount of distance learning fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of—
(a)the amount specified in paragraph (1)(a); and
(b)the fees payable by the student in connection with that year;
minus any grant paid under regulation 109(1)(a) in connection with that year.
(9) Where an eligible distance learning student has applied for a distance learning fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2) or determined in accordance with paragraphs (5) or (8), whichever is applicable.]
Textual Amendments
F294Reg. 110A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 11
F295Sum in Reg. 110A(1)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
111.—(1) For the purposes of regulation 110—
(a)subject to sub-paragraph (b), “partner” means any of the following—
(i)the spouse of an eligible distance learning student;
(ii)the civil partner of an eligible distance learning student;
(iii)a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for support and where that student began the specified designated distance learning course before 1st September 2005;
(iv)a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse or civil partner where an eligible distance learning student begins the specified designated distance learning course on or after 1st September 2005;
(b)a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible distance learning student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;
(c)“relevant income” has the meaning given in paragraph (2).
(2) Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to the student’s financial resources in the preceding financial year less—
(i)£2,000 in respect of the student’s partner;
(ii)£2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and
(iii)£1,000 in respect of each other child who is dependent on the student or the student’s partner.
(3) Where the Department is satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year.
(4) In this regulation—
(a)“child” in relation to an eligible distance learning student includes any child of the student’s partner and any child for whom the student has parental responsibility;
(b)“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;
(c)“dependent” means wholly or mainly financially dependent;
(d)“financial year” means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;
(e)“financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.
(f)“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002(57);
(g)“preceding financial year” means the financial year immediately preceding the current financial year;
(h)“specified designated distance learning course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Department from a distance learning course (the “initial course”) in connection with which the Department determined the student to be an eligible distance learning student pursuant to regulations made under Article 3 of the Order, the specified designated distance learning course means the initial course.
Commencement Information
I107Reg. 111 in operation at 17.12.2009, see reg. 1(1)
112.—(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated distance learning course.
(2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
F296(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland [F297on the first day of the first academic year] .
[F298(4A) A student qualifying for a grant under this regulation will no longer qualify for the grant if the Department considers that the student is undertaking the course outside the United Kingdom.]
[F299(4B) Paragraphs (4) and (4A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
[F300(4C) For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.]
(5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(6) The amount of the grant under this regulation must not exceed—
(a)£20,938 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,759 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.
[F301(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year, except where it is used for expenditure on major items of specialist equipment.
(8) Where regulation 106(3) applies, a student may qualify for the grant under this regulation for the purposes specified in paragraph (6)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]
Textual Amendments
F296Reg. 112(3) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
F297Words in reg. 112(4) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(a)
F298Reg. 112(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(b)
F299Reg. 112(4B) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 8
F300Reg. 112(4C) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 5
F301Reg. 112(7)(8) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(c)
Commencement Information
I108Reg. 112 in operation at 17.12.2009, see reg. 1(1)
113.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Department an application in such form as the Department may require.
(2) The application must be accompanied by—
(a)a declaration under regulation 114 completed by the academic authority; and
(b)such additional documentation as the Department may require.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible distance learning student, whether the applicant qualifies for support and the amount of support payable, if any.
(4) The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
(5) The general rule is that the application must reach the Department within a period of [F302nine] months beginning with the first day of the academic year of the course in respect of which it is submitted.
(6) The general rule does not apply where—
(a)one of the events listed in paragraph (4) of regulation 106 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the [F303ninth] month beginning with the day on which the relevant event occurred;
[F304(aa)the applicant is applying for an additional amount of the distance learning fee loan under regulation 110A(3) or (9), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;]
(b)the applicant is applying for the disabled distance learning students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(c)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F302Word in reg. 113(5) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 9
F303Word in reg. 113(6) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 10
F304Reg. 113(6)(aa) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 12
Commencement Information
I109Reg. 113 in operation at 17.12.2009, see reg. 1(1)
113A.—(1) To receive a distance learning fee loan, a student must enter into a contract with the Department.
(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.]
Textual Amendments
F305Reg. 113A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 13
114.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” means—
(a)where the applicant is applying for [F306assistance under regulation 109(1)(a) or (b)] in connection with the designated distance learning course for the first time, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated distance learning course;
(b)[F307where the applicant is applying for assistance under regulation 109(1)(a) or (b), other than for the first time], a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support [F308;]
[F309(c)where the applicant is applying for a distance learning fee loan in connection with any academic year of the designated distance learning course, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated distance learning course.]
(4) In this regulation, “course information” means—
(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
(b)certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Northern Ireland; and
(c)in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability.
Textual Amendments
F306Words in reg. 114(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 14(a)
F307Words in reg. 114(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 14(b)(i)
F308Semi-colon in reg. 114(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 14(b)(ii)
F309Reg. 114(3)(c) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 14(c)
Commencement Information
I110Reg. 114 in operation at 17.12.2009, see reg. 1(1)
115. Schedule 4 deals with the provision of information.
Commencement Information
I111Reg. 115 in operation at 17.12.2009, see reg. 1(1)
115A.—(1) The Department may at any time request from an applicant or eligible distance learning student information that the Department considers is required to recover a distance learning fee loan.
(2) The Department may at any time require an applicant or eligible distance learning student to enter into an agreement to repay a distance learning fee loan by a particular method.
(3) The Department may at any time request from an applicant or eligible distance learning student sight of their valid national identity card, valid passport issued by the state of which they are a national, or their birth certificate.
(4) Where the Department has requested information under this regulation, the Department may withhold any payment of a distance learning fee loan until the person provides what has been requested, or provides a satisfactory explanation for not complying with the request.
(5) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of distance learning fee loan until the person provides what has been required.]
Textual Amendments
F310Reg. 115A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 15
116.—(1) Where an eligible distance learning student transfers to another distance learning course, the Department must transfer the student’s status as an eligible distance learning student to that course where—
(a)the Department receives a request from the eligible distance learning student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)the eligible distance learning student starts to undertake another designated distance learning course at the institution;
(b)the eligible distance learning student starts to undertake a designated distance learning course at another institution; or
(c)after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 109(1)(b) or regulation 112 in connection with the academic year of the course to which the student transfers.
(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 109(1)(a) in respect of the academic years to and from which the student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109.
[F311(7) Where an eligible distance learning student transfers under paragraph (1) after the Department has assessed the student’s distance learning fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, the eligible distance learning student may not, in connection with the academic year of the course to which the student transfers, apply for another distance learning fee loan of a kind already applied for under this Part in connection with the academic year of the course from which the student is transferring, unless otherwise provided.]
Textual Amendments
F311Reg. 116(7) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 16
Commencement Information
I112Reg. 116 in operation at 17.12.2009, see reg. 1(1)
117.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible distance learning student in connection with the course to which [F312the] eligible student is transferring where—
(a)the Department receives a request from the eligible student to do so; and
(b)the period of eligibility has not terminated.
(2) The following applies to a student who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student;
(b)the maximum amount of disabled distance learning students’ allowance to which the student would, apart from this regulation, be entitled in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where the student became such a student in a later quarter of that year;
(c)where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to the student for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and
(d)where immediately before the student became an eligible distance learning student the student was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which the student was entitled, the student may apply for such a loan or such additional amount of loan as if the student had continued to be an eligible student; and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(3) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
[F313(4) This paragraph makes provision for fee loan and distance learning fee loan where a student (“A”) transfers under paragraph (1)—
(a)no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible distance learning student;
(b)any fee loan to which A was entitled under Part 4 immediately before A became an eligible distance learning student is ignored in determining the amount of distance learning fee loan to which A may be entitled in respect of that year under this Part;
(c)where the designated distance learning course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of distance learning fee loan to which A would, apart from this regulation, be entitled to borrow in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where A became an eligible distance learning student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and
(d)where the academic year of the designated distance learning course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of distance learning fee loan to which A would be entitled to borrow in connection with that academic year, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of –
(i)[F314£3,397.50;] and
(ii)the fees payable by the student in connection with that year,
minus any grant paid under regulation 109(1)(a) in connection with that year.]
Textual Amendments
F312Word in reg. 117(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 17(a)
F313Reg. 117(4) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 17(b)
F314Sum in Reg. 117(4)(d)(i) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I113Reg. 117 in operation at 17.12.2009, see reg. 1(1)
118.—(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible distance learning student to do so; and
(b)the period of eligibility has not terminated.
(2) The following applies to a student who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled distance learning students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
(b)any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;
(c)the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and
(d)where an amount of disabled distance learning students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
[F315(3) This paragraph makes provision for distance learning fee loan and fee loan where a student (“A”) transfers under paragraph (1)—
(a)no payment in respect of any distance learning fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible student;
(b)where the designated course into which A transfers continues in the same quarter of the same academic year of the designated distance learning course from which A transferred, the maximum amount of fee loan to which A would, apart from this regulation, be entitled to borrow in connection with that academic year of the designated course is reduced by one third where A became an eligible student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year;
(c)where the academic year of the designated course into which A transfers begins on a later date than the academic year of the designated distance learning course from which A is transferring, the maximum amount of fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a fee loan in respect of that year, is the lesser of—
(i)the amount specified in regulation 25(1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and
(ii)the fees payable by the student in connection with that year.]
Textual Amendments
F315Reg. 118(3) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 18
Commencement Information
I114Reg. 118 in operation at 17.12.2009, see reg. 1(1)
118A.—(1) The Department may make it a condition of entitlement to payment of the distance learning fee loan or any instalment of the distance learning fee loan that the eligible distance learning student must provide the Department with the student’s United Kingdom national insurance number.
(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the distance learning fee loan or any instalment of the distance learning fee loan to the eligible distance learning student before the Department is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Department may make a payment of distance learning fee loan to an eligible distance learning student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible distance learning student having complied with the condition imposed under paragraph (1).]
Textual Amendments
F316Reg. 118A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 19
119.—(1) Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
(2) The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit.
(3) The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate.
Commencement Information
I115Reg. 119 in operation at 17.12.2009, see reg. 1(1)
119A.—(1) The Department must pay the distance learning fee loan for which an eligible distance learning student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the distance learning fee loan in instalments.
(3) The Department must not pay the distance learning fee loan or first instalment of the distance learning fee loan before the Department has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form and at such times as may be required by the Department) of the student’s undertaking the designated distance learning course for the period to which the instalment relates.
(4) The academic authority must inform the Department when a student ceases to undertake the designated distance learning course during the academic year.
(5) No payment of distance learning fee loan or instalment of distance learning fee loan can be made in respect of a designated distance learning course once the academic authority has informed the Department that the student has ceased to undertake the course during the academic year.
(6) In this regulation, “confirmation of the student’s undertaking” means confirmation from the academic authority that the student—
(a)has enrolled for the academic year and has begun to undertake the course for that academic year, where the confirmation relates to payment of the distance learning fee loan or the first instalment of the distance learning fee loan for the academic year; or
(b)remains enrolled and continues to undertake the course, where the confirmation relates to payment of an instalment of the distance learning fee loan other than the first instalment.]
Textual Amendments
F317Reg. 119A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 20
120.—(1) Payments of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible distance learning student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(2) Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance.
(3) The Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance in instalments.
(4) Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance at such times as the Department considers appropriate.
(5) The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students’ allowance before the Department has received a declaration under regulation 114 unless an exception applies.
(6) An exception applies if—
(a)a disabled distance learning students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration;
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
Commencement Information
I116Reg. 120 in operation at 17.12.2009, see reg. 1(1)
121.—[F319(1) Any overpayment of a grant in respect of fees is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of a grant in respect of fees was made.]
(2) [F320A] distance learning student must, if so required by the Department, repay any amount paid to the student [F321, or in respect of the student,] under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(3) The Department must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students’ allowance unless the Department considers that it is not appropriate to do so.
(4) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant [F322or loan] payable to the student [F323, or in respect of the student,] from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(5) A payment of the disabled distance learning students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(6) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students’ allowance unless the Department decides otherwise.
(8) The circumstances are—
(a)the Department applies all or part of the disabled distance learning students’ allowance to the purchase of specialist equipment on behalf of the F324... distance learning student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(9) The circumstances are—
(a)the F325... distance learning student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled distance learning students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
(10) Where there is an overpayment of the disabled distance learning students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Textual Amendments
F318Reg. 121 heading substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 21
F319Reg. 121(1) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(a)
F320Word in reg. 121(2) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(b)(i)
F321Words in reg. 121(2) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(b)(ii)
F322Words in reg. 121(4)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(c)(i)
F323Words in reg. 121(4)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(c)(ii)
F324Word in reg. 121(8)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(d)
F325Word in reg. 121(9)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 9(d)
Commencement Information
I117Reg. 121 in operation at 17.12.2009, see reg. 1(1)
121A.—(1) Any overpayment of distance learning fee loan is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of distance learning fee loan was made.
(2) A student must, if so required by the Department, repay any amount of distance learning fee loan paid in respect of the student which for whatever reason exceeds the amount of distance learning fee loan to which the student is entitled.
(3) An overpayment of a distance learning fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—
(a)by subtracting the overpayment from any amount on the distance learning fee loan which remains to be paid;
(b)by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(c)by requiring the student to repay the distance learning fee loan in accordance with regulations made by the Department under Article 3 of the Order;
(d)by taking such other action for the recovery of an overpayment as is available to the Department.]
Textual Amendments
F326Reg. 121A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 22
122.—(1) An eligible part-time student qualifies for support in connection with the student’s undertaking a designated part-time course subject to and in accordance with this Part.
(2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if in assessing the person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”)is not an eligible part-time student if—
(a)[F327A is eligible to apply for,] in connection with the part-time course—
(i)a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;
(b)A is in breach of any obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(e)subject to paragraph (4), A is a prisoner.
(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(7) Subject to paragraphs (10) to (12), if a person satisfies the conditions in paragraph (8) or (9)—
(a)paragraphs (2) and (3) do not apply to that person; and
(b)the person is an eligible part-time student for the purposes of this Part.
(8) The conditions in this paragraph are—
(a)the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible part-time student has not terminated.
(9) The conditions in this paragraph are—
(a)the Department has previously determined that the person is—
(i)an eligible student in connection with a designated course;
(ii)an eligible distance learning student in connection with a designated distance learning course; or
(iii)an eligible part-time student in connection with a designated part-time course other than the current designated part-time course;
(b)the person’s status as an eligible student, as an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible part-time student has not terminated.
(10) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
[F328(10A) Where—
(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with–
(i)an application for support for an earlier year of the current part-time course; or
[F329(ii)an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and]
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F330(10B) Where—
(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible part-time student in connection with–
(i)an application for support for an earlier year of the current part-time course; or
(ii)an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F331(10C) Where—
(a)the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with–
(i)an application for support for an earlier year of the current part-time course; or
(ii)an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F332(10D) Where—
(a)the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with–
(i)an application for support for an earlier year of the current part-time course; or
(ii)an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
(11) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain [F333on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain [F334on the grounds of discretionary leave] is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(12) Paragraphs (10) and (11) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.
(13) An eligible part-time student may not, at any one time, qualify for support for—
(a)more than one designated part-time course;
(b)a designated part-time course and a designated course;
(c)a designated part-time course and a designated distance learning course;
(d)a designated part-time course and a designated postgraduate course [F335;]
[F336(e)a designated part-time course and a designated Master’s, etc. course.]
Textual Amendments
F327Reg. 122(3)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 22
F328Reg. 122(10A) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 24
F329Words in reg. 122(10A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(c)(i)
F330Reg. 122(10B) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(h)(i)
F331Reg. 122(10C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(h)(i)
F332Reg. 122(10D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(h)(i)
F333Words in reg. 122(11)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(h)(i)
F334Words in reg. 122(11)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(h)(ii)
F335Semi-colon in reg. 122(13)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 23(a)
F336Reg. 122(13)(e) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 23(b)
Commencement Information
I118Reg. 122 in operation at 17.12.2009, see reg. 1(1)
123.—(1) Where one of the events listed in paragraph (3) occurs in the course of an academic year—
(a)a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year [F337and was not an event mentioned in sub-paragraph (a) of that paragraph]; and
(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
[F338(1A) Where one of the events listed in sub-paragraphs (a), (b), (c), (d), (f), (g), (h) [F339(i), (j), (k), (l) or (m)] of paragraph (3) occurs in the course of an academic year—
(a)a student may qualify for a part-time fee loan in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a part-time fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.]
(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) [F340(i), (j), (k), (l) or (m)] of paragraph (3) occurs in the course of an academic year—
(a)a student may qualify for a grant for books, travel and other expenditure or for disabled part-time students’ allowance (or both) in respect of that academic year in accordance with this Part; and
(b)neither a grant for books, travel and other expenditure nor disabled part-time students’ allowance is available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(3) The events are—
(a)the student’s course becomes a designated part-time course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee [F341or becomes a person granted humanitarian protection] [F342or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F343on the grounds of discretionary leave] ;
(c)a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F344or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member];
(e)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
[F345(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]
(g)the student becomes the child of a Turkish worker;
(h)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; F346...
(i)the student becomes the child of a Swiss national ; F347...
[F348(j)the student becomes a person granted section 67 leave [F349;]]
[F350(k)the student becomes a person granted Calais leave;]
[F351(l)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F352(m)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F337Words in reg. 123(1)(a) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 12
F338Reg. 123(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 24
F339Words in reg. 123(1A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(i)
F340Words in reg. 123(2) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(ii)
F341Words in reg. 123(3)(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(i)
F342Words in reg. 123(3)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(i)
F343Words in reg. 123(3)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(i)
F344Words in reg. 123(3)(d) inserted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 10(a)
F345Reg. 123(3)(f) substituted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 10(b)
F346Word in reg. 123(3)(h) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 25(a)
F347Word in reg. 123(3)(i) omitted (with effect in accordance with reg.1(4))(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(iii)(aa)
F348Reg. 123(3)(j) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 25(c)
F349Word in reg. 123(3) substituted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(iii)(bb)
F350Reg. 123(3)(k) inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(iii)(cc)
F351Reg. 123(3)(l) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(f)
F352Reg. 123(3)(m) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(f)
Commencement Information
I119Reg. 123 in operation at 17.12.2009, see reg. 1(1)
124.—(1) Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 122 if—
(a)it is a course mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)it is of at least one academic year’s duration;
(c)it is ordinarily possible to complete the course in not more than [F353four times] the period ordinarily required to complete the full-time equivalent;
[F354(d)it is either—
(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;
(ii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(iii)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;
(iv)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(v)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom; or
(vi)provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom.]
[F355(da)it is substantially provided in the United Kingdom;]
(e)it is not designated by or under regulation 6; and
(f)it is not designated under regulation 107.
(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated part-time course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.
(4) A first degree course is not a designated part-time course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
(5) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F356authority-funded] if either the university or the constituent college or institution is [F356authority-funded]; F357...
(c)an institution is not to be regarded as publicly funded [F358or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(58) [F359; and]
[F360(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F361in Northern Ireland, Scotland, or Wales, or by a private institution which is [F362an approved provider or] an unregistered provider in England] [F363;]]
[F364(e)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.]
(6) For the purposes of paragraph (1)(c)—
(a)“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;
(b)“period ordinarily required to complete the full-time equivalent” means—
(i)where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;
(ii)where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;
(c)“standard full-time student” is a student who is to be taken—
(i)to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;
(ii)not to have been excused any part of the full-time equivalent;
(iii)not to have repeated any part of the full-time equivalent; and
(iv)not to be absent from the full-time equivalent other than during vacations.
(7) For the purposes of Article 3 of the Order and regulation 122(1) the Department may designate courses of higher education which are not designated by paragraph (1).
[F365(8) In designating a part-time course studied through distance learning, the Department may disregard-
(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of-
(i)registration or enrolment;
(ii)an examination;
(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend, from time to time during the week or during any vacation;
(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.]
[F366(9) The Department may revoke or suspend the designation of a course which is designated under this regulation.]
Textual Amendments
F353Words in reg. 124(1)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(a)(i)
F354Reg. 124(1)(d) substituted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 7(a)
F355Reg. 124(1)(da) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(a)(ii)
F356Words in reg. 124(5)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(i)
F357Word in reg. 124(5)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(ii)
F358Words in reg. 124(5)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iii)
F359Word in reg. 124(5)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iv)
F360Reg. 124(5)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(v)
F361Words in reg. 124(5)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 13(b)
F362Words in reg. 124(5)(d) inserted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 7(b)
F363Semi-colon in reg. 124(5)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(b)(i)
F364Reg. 124(5)(e) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 25(b)(ii)
F365Reg. 124(8) inserted (23.3.2018) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 6
F366Reg. 124(9) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 8
Commencement Information
I120Reg. 124 in operation at 17.12.2009, see reg. 1(1)
125.—(1) A student’s status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 122.
(2) The period for which an eligible part-time student’s status is retained is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 122, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.
(4) The period of eligibility terminates when the eligible part-time student—
(a)withdraws from the designated part-time course in circumstances where the Department has not transferred or converted or will not transfer or convert the student’s status under regulation 134 or 135; or
(b)abandons or is expelled from the designated part-time course.
(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 124(1)(c).
(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 124(1)(c) even if the student increases the intensity of the student’s study.
(7) The Department may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A’s conduct that A is unfitted to receive support.
(8) If the Department is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 138 [F367or 138A].
(9) Where the period of eligibility terminates—
(a)before the end of the academic year in which the eligible part-time student completes the designated part-time course; and
(b)otherwise than under paragraph (5),
the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Textual Amendments
F367Words in reg. 125(8)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 26
Commencement Information
I121Reg. 125 in operation at 17.12.2009, see reg. 1(1)
126.—(1) For the purposes of this regulation, the assistance available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)the basic grant, and
(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; F368...
[F369(aa)a part-time fee loan, where—
(i)the fees charged by the academic authority in respect of an academic year of the designated part-time course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 127; or
(ii)it has been determined in accordance with regulation 127 that no grant is payable under sub-paragraph (a); or
(iii)the eligible part-time student does not apply for the grant mentioned in sub-paragraph (a); and]
(b)a grant not exceeding £265 for books, travel and other expenditure in connection with the designated part-time course.
[F370(1A) A part-time fee loan is administered in accordance with regulation 127A.]
(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
[F371(2A) An eligible part-time student does not qualify for assistance under paragraph (1)(a) or (b) unless it is ordinarily possible to complete the designated part-time course in no more than twice the period ordinarily required to complete the full-time equivalent.]
[F372(3) An eligible part-time student qualifies for assistance under paragraph (1) in respect of a course (other than a distance learning course) if the Department considers that the student is undertaking the designated part-time course in the United Kingdom.]
[F373(3A) Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the first academic year.
(3B) A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Department considers that the student is undertaking the course outside the United Kingdom.]
[F374(3C) Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
[F375(3D) For the purposes of paragraph (3A), a person (“A”) is to be treated as undertaking the designated part-time distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a)A,
(b)A’s spouse or civil partner,
(c)A’s parent, or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.]
(4) An eligible part-time student does not qualify for support [F376under paragraphs (1)(a) or (b)] if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).
(5) The loans and grants are—
(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order;
(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act; or
(c)a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.
[F377(5A) An eligible part-time student does not qualify for a part-time fee loan under paragraph (1)(aa) if—
(a)the student has undertaken one or more part-time courses for sixteen years in aggregate; and
(b)the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).
(5B) An eligible part-time student does not qualify for a part-time fee loan if the intensity of study during the academic year for which support is claimed is less than 25% of a full-time equivalent course.]
(6) Subject to paragraphs (7) and (8), an eligible part-time student does not qualify for support under this regulation if —
(a)the current part time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or
(b)the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current part-time course before 1st September 2009.
(7) Where paragraph (8) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(8) This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 134 from a course which began before 1st September 2009.
[F378(9) For the purposes of this regulation “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6).]
Textual Amendments
F368Word in reg. 126(1)(a)(ii) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(a)(i)
F369Reg. 126(1)(aa) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(a)(ii)
F370Reg. 126(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(b)
F371Reg. 126(2A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(c)
F372Reg. 126(3) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(d)
F373Reg. 126(3A)(3B) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 16(b)
F374Reg. 126(3C) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 9
F375Reg. 126(3D) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 7
F376Words in reg. 126(4) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(e)
F377Reg. 126(5A)(5B) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(f)
F378Reg. 126(9) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 27(g)
Commencement Information
I122Reg. 126 in operation at 17.12.2009, see reg. 1(1)
127.—(1) The basic grant varies according to the intensity of study.
(2) The intensity of study is calculated as follows and expressed as a percentage—
where
PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;
FT is—
where the course is provided by or on behalf of the Open University, 120;
where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.
(3) For the purposes of paragraph (2) —
(a)“full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 124; and
(b)the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 124.
(4) The “basic grant” is—
(a)£820 where the intensity of study is less than 60 per cent. (“level 1”);
(b)£985 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);
(c)£1,230 where the intensity of study is 75 per cent. or more (“level 3”).
(5) Subject to paragraph (6) and regulation 134(6), the amount of assistance payable in respect of an academic year is determined as follows—
(a)if at the date of the application the eligible part-time student or the student’s partner is entitled—
(i)under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to income support or housing benefit;
(ii)under Part II of the Jobseekers (Northern Ireland) Order 1995 to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950 to training allowance or training premium; F380...
(iii)under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance; [F381or
(iv)to universal credit;]
the maximum amount of assistance available under regulation 126(1) is payable.
(b)where the relevant income is less than £16,843, the maximum amount of assistance available under regulation 126(1) is payable;
(c)where the relevant income is £16,843, the maximum amount of assistance available under regulation 126(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 126(1)(a);
(d)where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is the amount determined in accordance with paragraph (6);
(e)where the relevant income is £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is £50;
(f)where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of assistance available under regulation 126(1)(b) is payable and no assistance is payable under regulation 126(1)(a);
(g)where the relevant income is £26,030 or more but less than £28,067, the amount of assistance payable under regulation 126(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 126(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no assistance is payable under regulation 126(1)(a);
(h)where the relevant income is £28,067, the amount of assistance payable under regulation 126(1)(b) is £50, and no assistance is payable under regulation 126(1)(a);
(i)where the relevant income exceeds £28,067, no assistance is payable under regulation 126(1).
(6) Where paragraph (5)(d) applies, the amount of assistance payable under regulation 126(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 126(1)(a) one of the following amounts—
(a)£50 plus a further £1 for each complete £11.91, £9.69 or £7.59 by which the relevant income exceeds £16,843 according to whether the intensity of study is level 1, 2 or 3, respectively; or
(b)where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 126(1)(a) is payable).
Textual Amendments
F379Reg. 127 heading substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 28
F380Word in reg. 127(5)(a)(ii) omitted (coming into operation in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(7)(a)
F381Reg. 127(5)(a)(iv) and word inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 45(7)(b)
Commencement Information
I123Reg. 127 in operation at 17.12.2009, see reg. 1(1)
127A.—(1) The maximum amount of part-time fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—
(a)[F383£3,397.50;] and
(b)the fees payable by the student in connection with that year.
(2) Subject to paragraphs (3) and (6), the part-time fee loan to which an eligible part-time student is entitled is calculated as follows—
where
FC is the amount determined in accordance with paragraph (1);
FG is the grant paid under regulation 126(1)(a), if any.
(3) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of part-time fee loan in respect of the academic year of the course to which that student transfers.
(4) The circumstances are—
(a)the fees payable in respect of the academic year of the course to which the eligible part-time student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the eligible part time student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(5) Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible part-time student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is determined by deducting the amount of any part-time fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of—
(a)the amount specified in paragraph (1)(a); and
(b)the fees payable by the student in respect of the academic year to which the student is transferring,
minus any grant paid under regulation 126(1)(a) in respect of the academic year from which the student is transferring.
(6) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a part-time fee loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where paragraph (7) applies, the maximum amount of part-time fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is the lesser of—
(a)the amount specified in paragraph (1)(a); and
(b)the fees payable by the student in connection with that year,
minus any grant paid under regulation 126(1)(a) in connection with that year.
(9) Where an eligible part-time student has applied for a part-time fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2), or determined in accordance with paragraphs (5) or (8), whichever is applicable.]
Textual Amendments
F382Reg. 127A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 29
F383Sum in Reg. 127A(1)(a) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
128.—(1) For the purposes of regulation 127—
(a)subject to sub-paragraph (b), “partner” means any of the following—
(i)the spouse of an eligible part-time student;
(ii)the civil partner of an eligible part-time student;
(iii)a person ordinarily living with an eligible part-time student as if the person were the student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005;
(iv)a person ordinarily living with an eligible part-time student as if the person were the student’s spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005;
(b)a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible part-time student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student;
(c)“relevant income” has the meaning given in paragraph (2).
(2) Subject to paragraph (3), an eligible part-time student’s relevant income is equal to the student’s financial resources in the preceding financial year less—
(i)£2,000 in respect of the student’s partner;
(ii)£2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and
(iii)£1,000 in respect of each other child who is dependent on the student or the student’s partner.
(3) Where the Department is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year.
(4) In this regulation—
(a)“child” in relation to an eligible part-time student includes any child of the student’s partner and any child for whom the student has parental responsibility;
(b)“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;
(c)“dependent” means wholly or mainly financially dependent;
(d)“financial year” means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;
(e)“financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner;
(f)“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;
(g)“preceding financial year” means the financial year immediately preceding the current financial year;
(h)“specified designated part-time course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Department from a part-time course (the “initial course”) in connection with which the Department determined the student to be an eligible part-time student pursuant to regulations made under Article 3 of the Order, the specified designated part-time course means the initial course.
Commencement Information
I124Reg. 128 in operation at 17.12.2009, see reg. 1(1)
F384129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F384Reg. 129 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 30
130.—(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated part-time course.
(2) An eligible part-time student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
(3) An eligible part-time student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated part-time course in the United Kingdom.
[F385(3A) Paragraph (3) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
[F386(3A) An eligible part-time student does not qualify for a grant under this regulation unless it is ordinarily possible to complete the designated part-time course in no more than four times the period ordinarily required to complete the full-time equivalent.]
(4) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(5) The amount of the grant under this regulation must not exceed—
(a)£15,703 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,319 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.
[F387(6) Subject to paragraph (7), the grant under this regulation is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.
(7) Where one of the events listed in regulation 123(3)(a), (b), (e), (f), (g), (h) or (i) occurs in the course of an academic year, a student may qualify for the grant under this regulation for the purposes specified in paragraph (5)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]
[F388(8) For the purposes of paragraph (3A) “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6).]
Textual Amendments
F385Reg. 130(3A) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 10
F386Reg. 130(3A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 31(a)
F387Reg. 130(6)(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 17
F388Reg. 130(8) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 31(b)
Commencement Information
I125Reg. 130 in operation at 17.12.2009, see reg. 1(1)
131.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Department an application in such form as the Department may require.
(2) The application must be accompanied by—
(a)a declaration under regulation 132 completed by the academic authority; and
(b)such additional documentation as the Department may require.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any.
(4) The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
(5) The general rule is that the application must reach the Department not later than the end of the [F389ninth] month beginning with the first day of the academic year of the course in respect of which it is submitted.
(6) The general rule does not apply where—
(a)one of the events listed in paragraph (3) of regulation 123 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the [F390ninth] month beginning with the day on which the relevant event occurred;
[F391(aa)the applicant is applying for an additional amount of the part-time fee loan under regulation 127A(3) or (9), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;]
(b)the applicant is applying for the disabled part-time students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(c)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F389Word in reg. 131(5) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 11
F390Word in reg. 131(6) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 12
F391Reg. 131(6)(aa) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 32
Commencement Information
I126Reg. 131 in operation at 17.12.2009, see reg. 1(1)
131A.—(1) To receive a part-time fee loan, a student must enter into a contract with the Department.
(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.]
Textual Amendments
F392Reg. 131A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 33
132.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” means—
(a)where the applicant is applying for [F393assistance under regulation 126(1)(a) or (b)] in connection with the designated part-time course for the first time, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated part-time course;
(b)[F394where the applicant is applying for assistance under regulation 126(1)(a) or (b) other than for the first time], a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support [F395;]
[F396(c)where the applicant is applying for a part-time fee loan in connection with any academic year of the designated part-time course, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated part time course.]
(4) In this regulation, “course information” means—
(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
(b)the intensity of study;
(c)certification by the academic authority that it considers—
(i)the course to be a designated part-time course;
(ii)that it will be possible for the applicant to complete the course within the period specified in regulation 124(1)(c).
[F397(4A) “The intensity of study” in paragraph (4)(b) means—
(a)confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25% of an equivalent full time course; and
(b)the actual intensity to be undertaken by the eligible part-time student.]
(5) For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to—
(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 124(1)(c);
(b)any parts of the course which the applicant has been required to repeat.
Textual Amendments
F393Words in reg. 132(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 34(a)(i)
F394Words in reg. 132(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 34(a)(ii)(aa)
F395Semi-colon in reg. 132(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 34(a)(ii)(bb)
F396Reg. 132(3)(c) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 34(a)(iii)
F397Reg. 132(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 34(b)
Commencement Information
I127Reg. 132 in operation at 17.12.2009, see reg. 1(1)
133. Schedule 4 deals with the provision of information.
Commencement Information
I128Reg. 133 in operation at 17.12.2009, see reg. 1(1)
133A.—(1) The Department may at any time request from an applicant or eligible part-time student information that the Department considers is required to recover a part-time fee loan.
(2) The Department may at any time require an applicant or eligible part-time student to enter into an agreement to repay a part-time fee loan by a particular method.
(3) The Department may at any time request from an applicant or eligible part-time student sight of their valid national identity card, valid passport issued by the state of which they are a national, or their birth certificate.
(4) Where the Department has requested information under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been requested, or provides a satisfactory explanation for not complying with the request.
(5) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been required.]
Textual Amendments
F398Reg. 133A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 35
134.—(1) Where an eligible part-time student transfers to another part-time course, the Department must transfer the student’s status as an eligible part-time student to that course where—
(a)the Department receives a request from the eligible part-time student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)the eligible part-time student starts to undertake another designated part-time course at the institution;
(b)the eligible part-time student starts to undertake a designated part-time course at another institution; or
(c)after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible [F399part-time] student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 126(1)(b) or regulation 130 in connection with the academic year of the course to which the student transfers.
(6) Where [F400an eligible part-time student] transfers under paragraph (1), the maximum amount of assistance under regulation 126(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 127.
[F401(7) Where an eligible part-time student transfers under paragraph (1) after the Department has assessed the student’s part-time fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, the eligible part-time student may not, in connection with the academic year of the course to which A transfers, apply for another part-time fee loan of a kind already applied for under this Part in connection with the academic year of the course from which A is transferring, unless otherwise provided.]
Textual Amendments
F399Word in reg. 134(5) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 36(a)
F400Words in reg. 134(6) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 36(b)
F401Reg. 134(7) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 36(c)
Commencement Information
I129Reg. 134 in operation at 17.12.2009, see reg. 1(1)
135.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible student to do so; and
(b)the period of eligibility has not terminated.
(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed [F402four times] the period ordinarily required to complete the remainder of the designated course from which the student transfers.
(3) The following applies to a student (“A”) who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;
(b)the maximum amount of disabled part-time students’ allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;
(c)where an amount of disabled students’ allowance for any purpose has been paid to A under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to A for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and
(d)where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which A was entitled, A may apply for such a loan or such additional amount of loan as if A had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
[F403(4A) This paragraph makes provision for fee loan and part-time fee loan where a student (“A”) transfers under paragraph (1) –
(a)no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible part-time student;
(b)any fee loan to which A was entitled under Part 4 immediately before A became an eligible part-time student is ignored in determining the amount of part-time fee loan to which A may be entitled in respect of that year under this Part;
(c)where the designated part-time course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of part-time fee loan to which A would, apart from this regulation, be entitled to borrow in connection with undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and
(d)where the academic year of the designated part-time course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of –
(i)[F404£3,397.50;] and
(ii)the fees payable by the student in connection with that year,
minus any grant paid under regulation 126(1)(a) in connection with that year.]
(5) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible distance learning student to do so; and
(b)the period of eligibility has not terminated.
(6) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed [F405four times] the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.
(7) Subject to paragraph (8), a student who transfers under paragraph (5) [F406into the same academic year] is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under Part 10 in respect of the academic year of the designated distance learning course from which the student transfers.
(8) The Department may re-assess the amount of support payable after the transfer.
(9) An eligible student who transfers under paragraph (5) [F407into the same academic year] after the Department has determined the student’s support in connection with the academic year of the distance learning course from which the student is transferring but before the student completes that year—
(a)may not apply for a grant under regulation 126(1)(b) if the student has already applied for a grant under regulation 109(1)(b);
(b)may not apply for a grant under regulation 130 if the student has already applied for a grant under regulation 112 [F408;] [F409and]
[F410(c)may not apply for a part-time fee loan under regulation 126(1)(aa) if the student has already applied for a distance learning fee loan under regulation 109(1)(aa) in respect of the academic year from which the student transfers.]
(10) Where a student transfers under paragraph (5) [F411into the same academic year], the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of—
(a)the academic year from which the student transfers; and
(b)the academic year to which the student transfers;
must not exceed the amount of support determined to be payable to the student under regulation 111(1)(a).
[F412(10A) Paragraphs (7), (9) and (10) do not apply where the academic year of the designated part-time course into which the student (“A”) transfers under paragraph (5) begins on a later date than the academic year of the course from which A is transferring.
(10B) Where paragraph (10A) applies—
(a)the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of—
(i)[F413£3,397.50;] and
(ii)the fees payable by the student in connection with that year,
minus any grant paid under regulation 126(1)(a) in connection with that year;
(b)A may apply for a grant under regulation 126(1)(b) in respect of that year; and
(c)A may apply for a grant under regulation 130 in respect of that year.]
(11) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible part-time student to do so; and
(b)the period of eligibility has not terminated.
(12) The following applies to a student who transfers under paragraph (11)—
(a)where the Department has determined to pay an amount of disabled part-time students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
(b)any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;
(c)the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and
(d)where an amount of disabled part-time students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled part-time students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
[F414(12A) This paragraph makes provision for part-time fee loan and fee loan where a student (“A”) transfers under paragraph (11)—
(a)no payment in respect of any part-time fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible student;
(b)where the designated course into which A transfers continues in the same quarter of the same academic year of the designated part-time course from which A transferred, the maximum amount of fee loan to which A would, apart from this regulation, be entitled to borrow in connection with that academic year of the designated course is reduced by one third where A became an eligible student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year;
(c)where the academic year of the designated course into which A transfers begins on a later date than the academic year of the designated part-time course from which A is transferring, the maximum amount of fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a fee loan in respect of that year, is the lesser of—
(i)the amount specified in regulation 25(1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and
(ii)the fees payable by the student in connection with that year.]
(13) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible part-time student to do so; and
(b)the period of eligibility has not terminated.
(14) Subject to paragraph (15), a student who transfers under paragraph (13) [F415into the same academic year] is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers.
(15) The Department may re-assess the amount of support payable after the transfer.
(16) An eligible student who transfers under paragraph (13) [F416into the same academic year] after the Department has determined the student’s support in connection with the academic year of the part-time course from which the student is transferring but before the student completes that year—
(a)may not apply for a grant under regulation 109(1)(b) if the student has already applied for a grant under regulation 126(1)(b);
(b)may not apply for a grant under regulation 112 if the student has already applied for a grant under regulation 130 [F417;] [F418and]
[F419(c)may not apply for a distance learning fee loan under regulation 109(1)(aa) if the student has already applied for a part-time fee loan under regulation 126(1)(aa) in respect of the academic year from which the student transfers.]
(17) Where a student transfers under paragraph (13) [F420into the same academic year], the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of—
(a)the academic year from which the student transfers; and
(b)the academic year to which the student transfers;
must not exceed the maximum amount of support determined to be payable to the student under regulation 109(1)(a).
[F421(18) Paragraphs (14), (16) and (17) do not apply where the academic year of the designated distance learning course into which the student (“A”) transfers under paragraph (13) begins on a later date than the academic year of the course from which A is transferring.
(19) Where paragraph (18) applies—
(a)the maximum amount of distance learning fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a distance learning fee loan in respect of that year is the lesser of—
(i)[F422£3,397.50;] and
(ii)the fees payable by the student in connection with that year,
minus any grant paid under regulation 109(1)(a) in connection with that year;
(b)A may apply for a grant under regulation 109(1)(b) in respect of that year; and
(c)A may apply for a grant under regulation 112 in respect of that year.]
Textual Amendments
F402Words in reg. 135(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(a)
F403Reg. 135(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(b)
F404Sum in Reg. 135(4A)(d)(i) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F405Words in reg. 135(6) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(c)
F406Words in reg. 135(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(d)
F407Words in reg. 135(9) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(e)(i)
F408Semi-colon in reg. 135(9)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(e)(ii)
F409Word in reg. 135(9)(b) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(e)(ii)
F410Reg. 135(9)(c) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(e)(iii)
F411Words in reg. 135(10) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(f)
F412Reg. 135(10A)(10B) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(g)
F413Sum in Reg. 135(10B)(a)(i) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
F414Reg. 135(12A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(h)
F415Words in reg. 135(14) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(i)
F416Words in reg. 135(16) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(j)(i)
F417Semi-colon in reg. 135(16)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(j)(ii)
F418Word in reg. 135(16)(b) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(j)(ii)
F419Reg. 135(16)(c) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(j)(iii)
F420Words in reg. 135(17) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(k)
F421Reg. 135(18)(19) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(l)
F422Sum in Reg. 135(19)(a)(i) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23
Commencement Information
I130Reg. 135 in operation at 17.12.2009, see reg. 1(1)
135A.—(1) The Department may make it a condition of entitlement to payment of the part-time fee loan or any instalment of the part-time fee loan that the eligible part-time student must provide the Department with the student’s United Kingdom national insurance number.
(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the part-time fee loan or any instalment of the part-time fee loan to the eligible part-time student before the Department is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Department may make a payment of part-time fee loan to an eligible part-time student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible part-time student having complied with the condition imposed under paragraph (1).]
Textual Amendments
F423Reg. 135A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 38
136.—(1) Payments of the grant for books, travel and other expenditure and the disabled part-time students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible part-time student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(2) Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled part-time students’ allowance.
(3) The Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance in instalments.
(4) Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance at such times as the Department considers appropriate.
(5) The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students’ allowance before the Department has received a declaration under regulation 132 unless an exception applies.
(6) An exception applies if—
(a)a disabled part-time students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration;
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
Commencement Information
I131Reg. 136 in operation at 17.12.2009, see reg. 1(1)
137.—(1) Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
(2) The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit.
(3) The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate.
Commencement Information
I132Reg. 137 in operation at 17.12.2009, see reg. 1(1)
137A.—(1) The Department must pay the part-time fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the part-time fee loan in instalments.
(3) The Department must not pay the part-time fee loan or first instalment of the part-time fee loan before the Department has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated part-time course for the period to which the instalment relates.
(4) The academic authority must inform the Department when a student’s intensity of study drops below 25% or where the student ceases to attend or undertake the designated part-time course during the academic year.
(5) No payment of part-time fee loan or instalment of part-time fee loan can be made in respect of a designated part time course once the academic authority has informed the Department that the student has ceased to attend or undertake the course during the academic year.
(6) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–
(a)has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the part-time fee loan or the first instalment of the part-time fee loan for the academic year; or
(b)remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the part-time fee loan other than the first instalment. ]
Textual Amendments
F424Reg. 137A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 39
138.—[F426(1) Any overpayment of a grant in respect of fees is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of a grant in respect of fees was made.]
(2) [F427A] part-time student must, if so required by the Department, repay any amount paid to the student [F428, or in respect of the student,] under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(3) The Department must recover an overpayment of grant for books, travel and other expenditure and disabled part-time students’ allowance unless the Department considers that it is not appropriate to do so.
(4) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant [F429or loan] payable to the student [F430, or in respect of the student,] from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(5) A payment of the disabled part-time students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(6) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students’ allowance unless the Department decides otherwise.
(8) The circumstances are—
(a)the Department applies all or part of the disabled part-time students’ allowance to the purchase of specialist equipment on behalf of the F431... part-time student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(9) The circumstances are—
(a)the F432... part-time student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled part-time students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
(10) Where there is an overpayment of the disabled part-time students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Textual Amendments
F425Reg. 138 heading substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 40
F426Reg. 138(1) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(a)
F427Word in reg. 138(2) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(b)(i)
F428Words in reg. 138(2) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(b)(ii)
F429Words in reg. 138(4)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(c)(i)
F430Words in reg. 138(4)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(c)(ii)
F431Word in reg. 138(8)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(d)
F432Word in reg. 138(9)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 10(d)
Commencement Information
I133Reg. 138 in operation at 17.12.2009, see reg. 1(1)
138A.—(1) Any overpayment of part-time fee loan is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of part-time fee loan was made.
(2) A student must, if so required by the Department, repay any amount of part-time fee loan paid in respect of the student which for whatever reason exceeds the amount of part-time fee loan to which the student is entitled.
(3) An overpayment of a part-time fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—
(a)by subtracting the overpayment from any amount on the part-time fee loan which remains to be paid;
(b)by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(c)by requiring the student to repay the part-time fee loan in accordance with regulations made by the Department under Article 3 of the Order;
(d)by taking such other action for the recovery of an overpayment as is available to the Department.]
Textual Amendments
F433Reg. 138A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 41
139.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated postgraduate course.
(2) Subject to paragraph (4), a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student’s application for support the Department determines that the student satisfies the conditions in paragraph (3).
(3) The conditions are—
(a)the person falls within one of the categories set out in Part 2 of Schedule 2; and
(b)by reason of a disability to which the student is subject, the student will be obliged to incur additional expenditure in respect of undertaking the course.
(4) A person (“A”) is not an eligible postgraduate student if—
(a)[F434A is eligible to apply for,] in connection with the course—
(i)a healthcare bursary;
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;
(iii)any allowance, bursary or award of similar description made by a Research Council;
(iv)any allowance, bursary or award of similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability; or
(v)any allowance, bursary or award of similar description made under section 14(4)(a) of the Health and Personal Social Services Act (Northern Ireland) 2001(59) which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;
(b)A is in breach of an obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support.
(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
(8) An eligible postgraduate student does not qualify for a grant under this Part unless the Department considers that the student is undertaking the course in the United Kingdom.
[F435(8A) Paragraph (8) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
(9) Subject to paragraphs (12) to (14), if a person satisfies the conditions in paragraph (3)(b) and in paragraph (10) or (11)—
(a)paragraphs (3)(a) and (4) do not apply to that person; and
(b)the person is an eligible postgraduate student for the purposes of this Part.
(10) The conditions are—
(a)the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible postgraduate student has not terminated.
(11) The conditions are—
(a)the Department has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course;
(b)the student’s status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible postgraduate student has not terminated.
(12) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
[F436(12A) Where—
(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible postgraduate student in connection with–
(i)an application for support for an earlier year of the current postgraduate course; or
(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F437(12B) Where—
(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible postgraduate student in connection with–
(i)an application for support for an earlier year of the current postgraduate course; or
(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F438(12C) Where—
(a)the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with–
(i)an application for support for an earlier year of the current postgraduate course; or
(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F439(12D) Where—
(a)the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with–
(i)an application for support for an earlier year of the current postgraduate course; or
(ii)an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
(13) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain [F440on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support, the period for which the person with leave to enter or remain [F441on the grounds of discretionary leave] is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(14) Paragraphs (12) and (13) do not apply where A began the course in connection with which the Department determined that A was an eligible postgraduate student before 1st September 2007.
(15) An eligible postgraduate student may not, at any one time, qualify for support for—
(a)more than one designated postgraduate course;
(b)a designated postgraduate course and a designated distance learning course;
(c)a designated postgraduate course and a designated course;
(d)a designated postgraduate course and a designated part-time course.
Textual Amendments
F434Reg. 139(4)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 23
F435Reg. 139(8A) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 11
F436Reg. 139(12A) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 26
F437Reg. 139(12B) inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(j)(i)
F438Reg. 139(12C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(j)(i)
F439Reg. 139(12D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(j)(i)
F440Words in reg. 139(13)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(j)(i)
F441Words in reg. 139(13)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(j)(ii)
Commencement Information
I134Reg. 139 in operation at 17.12.2009, see reg. 1(1)
140.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—
(a)a student may qualify for a grant under this Part in respect of that academic year in accordance with this Part; and
(b)a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(2) The events are—
(a)the student’s course becomes a designated postgraduate course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee [F442or becomes a person granted humanitarian protection] [F443or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F444on the grounds of discretionary leave] ;
(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d)the student acquires the right of permanent residence;
(e)the student becomes the child of a Turkish worker;
(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; F445...
(g)the student becomes the child of a Swiss national ; F446...
[F447(h)the student becomes a person granted section 67 leave [F448,]]
[F449(i)the student becomes a person granted Calais leave;]
[F450(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F451(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F442Words in reg. 140(2)(b) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(k)
F443Words in reg. 140(2)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(k)
F444Words in reg. 140(2)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(k)
F445Word in reg. 140(2)(f) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 27(a)
F446Word in reg. 140(2)(g) omitted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(k)(i)
F447Reg. 140(2)(h) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 27(c)
F448Word in reg. 140(2)(h) substituted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(k)(ii)
F449Reg. 140(2)(i) inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(k)(iii)
F450Reg. 140(2)(j) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(g)
F451Reg. 140(2)(k) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(g)
Commencement Information
I135Reg. 140 in operation at 17.12.2009, see reg. 1(1)
141.—(1) A postgraduate course is designated for the purposes of Article 3(1) of the Order and regulation 139 if—
(a)it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;
(b)it is a course—
[F452(i)mentioned in Schedule 3A; and]
(ii)in the case of a part-time course, it is ordinarily possible to complete the course in not more than [F453three times] the period ordinarily required to complete the full-time equivalent;
[F454(c)it is either—
(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;
(ii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(iii)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;
(iv)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(v)provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or
(vi)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.]
(d)it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.
(2) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F455authority-funded] if either the university or the constituent college or institution is [F455authority-funded]; F456...
(c)an institution is not to be regarded as publicly funded [F457or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(60) [F458; and]
[F459(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F460in Northern Ireland, Scotland or Wales, or by a private institution which is [F461an approved provider or] an unregistered provider in England].]
(3) For the purposes of paragraph (1)(b)(ii)—
(a)“full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;
(b)“period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;
(c)“standard full-time student” means a student who is to be taken—
(i)to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;
(ii)not to have been excused any part of the full-time equivalent;
(iii)not to have repeated any part of the full-time equivalent; and
(iv)not to be absent from the full-time equivalent other than during vacations.
(4) For the purposes of Article 3 of the Order and regulation 139, the Department may designate courses of higher education which are not designated under paragraph (1).
[F462(5) The Department may revoke or suspend the designation of a course which is designated under this regulation.]
Textual Amendments
F452Reg. 141(1)(b)(i) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 42(a)
F453Words in reg. 141(1)(b)(ii) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 42(b)
F454Reg. 141(1)(c) substituted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 8(a)
F455Words in reg. 141(2)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(i)
F456Word in reg. 141(2)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(ii)
F457Words in reg. 141(2)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(iii)
F458Word in reg. 141(2)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(iv)
F459Reg. 141(2)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(v)
F460Words in reg. 141(2)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 14(b)
F461Words in reg. 141(2)(d) inserted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 8(b)
F462Reg. 141(5) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 9
Commencement Information
I136Reg. 141 in operation at 17.12.2009, see reg. 1(1)
142.—(1) A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until the status is terminated in accordance with this regulation or regulation 139.
(2) The period for which an eligible postgraduate student retains the status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 139, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course.
(4) The period of eligibility terminates when the eligible postgraduate student—
(a)withdraws from the designated postgraduate course in circumstances where the Department has not transferred or will not transfer the student’s status as an eligible postgraduate student to another course under regulation 143; or
(b)abandons or is expelled from the designated postgraduate course.
(5) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the relevant academic year where the student cannot complete the course within the period specified in regulation 141(1)(b)(ii).
(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 141(1)(b)(ii).
(7) The Department may terminate the period of eligibility where the eligible postgraduate student (“A”) has shown by A’s conduct that A is unfitted to receive support.
(8) If the Department is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for a grant or any particular amount of grant;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 148.
(9) Where the period of eligibility terminates—
(a)before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and
(b)otherwise than under paragraph (5),
the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Commencement Information
I137Reg. 142 in operation at 17.12.2009, see reg. 1(1)
143.—(1) Where an eligible postgraduate student transfers to another postgraduate course, the Department must transfer the student’s status as an eligible postgraduate student to that course where—
(a)the Department receives a request from the eligible postgraduate student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or
(b)the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.
(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the student transfers.
Commencement Information
I138Reg. 143 in operation at 17.12.2009, see reg. 1(1)
144.—(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.
(2) The application must reach the Department as soon as is reasonably practicable.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any.
(4) The Department must notify the applicant—
(a)whether the applicant qualifies for a grant;
(b)if the applicant does qualify, the amount payable in respect of the academic year, if any; and
(c)how that amount is allocated between the types of eligible expenditure.
Commencement Information
I139Reg. 144 in operation at 17.12.2009, see reg. 1(1)
145. Schedule 4 deals with the provision of information.
Commencement Information
I140Reg. 145 in operation at 17.12.2009, see reg. 1(1)
146.—(1) Subject to paragraph (2), the grant under this Part is such amount as the Department considers appropriate to assist with one or more types of eligible expenditure.
(2) The grant must not exceed [F463£10,469] in respect of an academic year.
(3) For the purposes of this Part, the “types of eligible expenditure” are—
(a)expenditure on a non-medical helper;
(b)expenditure on major items of specialist equipment; and
(c)additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.
[F464(4) Subject to paragraph (5), the grant under this Part is payable in respect of the four quarters of the academic year, except where the grant is used for expenditure on major items of specialist equipment as provided for in paragraph (3)(b).
(5) Where one of the events listed in regulation 140(2) occurs in the course of an academic year, a student may qualify for a grant under this Part in respect of such quarters as begin after the relevant event occurs, except where the grant is used for the type of expenditure specified in paragraph 3(b).]
Textual Amendments
F463Reg. 146(2) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 24
F464Reg. 146(4)(5) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 18
Commencement Information
I141Reg. 146 in operation at 17.12.2009, see reg. 1(1)
147.—(1) The Department may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as the Department considers appropriate and in the exercise of the Department’s functions under this Part the Department may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
(2) Payments are made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible postgraduate student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Commencement Information
I142Reg. 147 in operation at 17.12.2009, see reg. 1(1)
148.—(1) [F465A] postgraduate student must, if so required by the Department, repay any amount paid to the student [F466, or in respect of the student,] under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(2) The Department must recover an overpayment of grant under this Part unless the Department considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant [F467or loan] payable to the student [F468, or in respect of the student,] from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(4) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Department decides otherwise.
(7) The circumstances are—
(a)the Department applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the F469... postgraduate student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(8) The circumstances are—
(a)the F470... postgraduate student’s period of eligibility terminates; and
(b)a payment of grant under this Part in respect of specialist equipment is made to the student after the period of eligibility terminated.
(9) Where there is an overpayment of the grant under this Part, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Textual Amendments
F465Word in reg. 148(1) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(a)(i)
F466Words in reg. 148(1) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(a)(ii)
F467Words in reg. 148(3)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(b)(i)
F468Words in reg. 148(3)(a) inserted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(b)(ii)
F469Word in reg. 148(7)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(c)
F470Word in reg. 148(8)(a) omitted (29.2.2016) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 11(c)
Commencement Information
I143Reg. 148 in operation at 17.12.2009, see reg. 1(1)
Textual Amendments
F471Pt. 13 inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 43, Sch. 1
149.—(1) An eligible Master’s, etc. student qualifies for a Master’s, etc. fee loan in connection with a designated Master’s, etc. course subject to and in accordance with this Part.
(2) Subject to paragraphs (3) to (16), a person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course if in assessing that person’s application for a Master’s, etc. fee loan the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”) is not an eligible Master’s, etc. student if—
(a)A is in breach of any obligation to repay any loan;
(b)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(c)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support;
(d)subject to paragraph (7), A is a prisoner;
(e)A is already enrolled on a designated Master’s, etc. course and is in receipt of a Master’s, etc. fee loan under this Part for such a course;
(f)subject to paragraph (16), A has previously received a Master’s, etc. fee loan under this Part.
[F472(g)subject to paragraph (15), A has previously received—
(i)a Postgraduate Master’s Degree loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.; or
(ii)a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).]
(4) A person (“A”) is not an eligible Master’s, etc. student if A is enrolled on a course which is—
(a)a designated course under regulation 6,
(b)a designated distance learning course under regulation 107, or
(c)a designated part-time course under regulation 124,
and is receiving support under these Regulations for such a course.
(5) For the purposes of paragraphs (3)(a) and (3)(b), “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(b) only applies if the agreement was made—
(a)before 25th September 1991; and
(b)with the concurrence of the borrower’s curator or at a time when the borrower had no curator.
(7) Paragraph (3)(d) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(8) Subject to paragraphs [F473(11), (11A), (11B), (11C), (11D) and (12)] , if a person satisfies the conditions in paragraph (9) or (10)—
(a)paragraphs (2) and (3) do not apply to that person; and
(b)the person is an eligible Master’s, etc. student for the purposes of this Part.
(9) The conditions in this paragraph are—
(a)the person qualified as an eligible Master’s, etc. student in connection with an earlier academic year of the current designated Master’s, etc. course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible Master’s, etc. student has not terminated.
(10) The conditions in this paragraph are—
(a)the Department has previously determined that the person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course other than the current designated Master’s, etc. course;
(b)the student’s status as an eligible Master’s, etc. student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated Master’s, etc. course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible Master’s, etc. student has not terminated.
(11) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
[F474(11A) Where—
(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)an application for support for an earlier year of the current Master’s, etc. course; or
(ii)an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F475(11B) Where—
(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)an application for support for an earlier year of the current Master’s, etc. course; or
(ii)an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F476(11C) Where—
(a)the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)an application for support for an earlier year of the current Master’s, etc. course; or
(ii)an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
[F477(11D) Where—
(a)the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–
(i)an application for support for an earlier year of the current Master’s, etc. course; or
(ii)an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.]
(12) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain [F478on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain [F479on the grounds of discretionary leave] is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Where the eligible Master’s, etc. student is undertaking a designated Master’s, etc. course which is a distance learning course, the student does not qualify for a Master’s, etc. fee loan in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the designated Master’s, etc. course, whether the course is a designated Master’s, etc. course at that date or is designated on a later date during the academic school year.
(14) A student who is an eligible Master’s, etc. student for a Master’s, etc. fee loan in respect of a distance learning course will no longer be eligible for a Master’s, etc. fee loan in respect of that course, if the Department considers that the student is undertaking the course outside the United Kingdom.
[F480(14A) Paragraphs (13) and (14) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]
[F481(14B) For the purposes of paragraph (13), a person (“A”) is to be treated as undertaking the designated Master’s, etc. distance learning course in Northern Ireland on the first day if on the first day A would have been so resident but for the fact that-
(c)A,
(d)A’s spouse or civil partner,
(e)A’s parent, or
(f)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.]
[F482(15) The Department may deem a person who has previously received a-
(i)Master’s, etc. fee loan under these Regulations in relation to a designated Master’s, etc. course, or
(ii)Postgraduate Master’s Degree loan other than under these Regulations, in relation to a designated Postgraduate Master’s Degree course, where that loan was paid out of funds provided by a government authority within the United Kingdom [F483, or]
[F484(iii)a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).]
to be an eligible Master’s, etc. student where the Department is of the view that the person had not been able to complete the previous Master’s, etc. course or Postgraduate Master’s Degree course due to compelling personal reasons.]
(16) The Department may only exercise its discretion to award a subsequent Master’s, etc. fee loan to a particular person under paragraph (15) once in respect of a particular student.
Textual Amendments
F472Reg. 149(3)(g) substituted (with application in accordance with reg. 1(3)(b) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 12(a)
F473Words in reg. 149(8) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(d)(i)
F474Reg. 149(11A) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(d)(ii)
F475Reg. 149(11B) inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(l)(i)
F476Reg. 149(11C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(l)(i)
F477Reg. 149(11D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(l)(i)
F478Words in reg. 149(12)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(l)(i)
F479Words in reg. 149(12)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(l)(ii)
F480Reg. 149(14A) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(2), 12
F481Reg. 149(14B) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 8(b)
F482Reg. 149(15) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 8(c)
F483Word in reg. 149(15)(ii) added (with application in accordance with reg. 1(3)(b) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 12(b)(i)
F484Reg. 149(15)(iii) added (with application in accordance with reg. 1(3)(b) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 12(b)(ii)(aa)
150. Where one of the events listed in regulation 151 occurs in the course of an academic year—
(a)a student may qualify for a Master’s, etc. fee loan in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a Master’s, etc. fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
151. The events are—
(a)the student’s course becomes a designated Master’s, etc. course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee [F485or becomes a person granted humanitarian protection][F486or becomes a person granted stateless leave ]or becomes a person with leave to enter or remain[F487on the grounds of discretionary leave;]
(c)a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F488or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member];
[F489(d)the student becomes a person described in paragraph 3(a) of Schedule 2;]
(f)the student becomes the child of a Turkish worker;
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; F490...
(h)the student becomes the child of a Swiss national ; F491...
[F492(i)the student becomes a person granted section 67 leave [F493;]]
[F494(j)the student becomes a person granted Calais leave;]
[F495(k)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]
[F496(l)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]
Textual Amendments
F485Words in reg. 151 inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(m)
F486Reg. 151(j) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(m)
F487Reg. 151(j) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(m)
F488Words in reg. 151(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 11(a)
F489Reg. 151(e) substituted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 11(b)
F490Word in reg. 151(g) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 28(a)
F491Word in reg. 151 omitted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(m)(i)
F492Reg. 151(i) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 28(c)
F493Word in reg. 151 substituted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(m)(ii)
F494Words in reg. 151 inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(m)(iii)
F495Reg. 151(k) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(h)
F496Reg. 151(l) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(h)
152.—(1) Subject to paragraph (7), a course is a designated Master’s, etc. course for the purposes of Article 3(1) of the Order and regulation 149 if it is —
(a)a course mentioned in Schedule 3B and which falls within paragraph (2);
(b)a course entry to which a first degree (or equivalent qualification) or higher is normally required;
[F497(c)it is either—
(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;
(ii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(iii)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;
(iv)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;
(v)provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or
(vi)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.]
(d)substantially provided in the United Kingdom.
(2) For the purposes of paragraph (1)(a) the course must be either—
(a)of one academic year’s duration or where the course falls within paragraph 3, 4 or 5 of Schedule 3B less than one academic year’s duration; or
(b)completed within two academic years; or
(c)completed within three academic years.
(3) For the purposes of paragraph (1)(c) and (d)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded;
(c)an institution is not to be regarded as publicly funded or authority-funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992;
(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution [F498in Northern Ireland, Scotland or Wales, or by a private institution which is [F499an approved provider or] an unregistered provider in England]; and
(e)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.
(4) A Master’s degree undertaken as an integral part of a Postgraduate Doctoral Degree is not a designated Master’s, etc. course for the purposes of Master’s, etc. fee loan.
(5) A postgraduate doctoral degree is not a designated Master’s, etc. course for the purposes of the Master’s, etc. fee loan.
(6) The designated Master’s, etc. course may, but need not, be a distance learning course.
(7) A course cannot be a designated Master’s, etc. course if it is a designated course for the purposes of regulation 6.
(8) For the purposes of Article 3 of the Order and regulation 149 the Department may designate courses of higher education which are not designated by paragraph (1).
[F500(9) The Department may revoke or suspend the designation of a course which is designated under this regulation.]
Textual Amendments
F497Reg. 152(1)(c) substituted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 9(a)
F498Words in reg. 152(3)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 15(b)
F499Words in reg. 152(3)(d) inserted (31.5.2019) by The Student Fees (Amounts) and Education (Student Support (No. 2)) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/102), regs. 1(3), 9(b)
F500Reg. 152(9) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 10
153.—(1) A student’s status as an eligible Master’s, etc. student is retained in connection with a designated Master’s, etc. course until the status terminates in accordance with this regulation or regulation 149.
(2) The period for which an eligible Master’s, etc. student’s status is retained is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 149, the period of eligibility terminates at the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course.
(4) The period of eligibility terminates when the eligible Master’s, etc. student (“A”)—
(a)withdraws from A’s designated Master’s, etc. course in circumstances where the Department is not obliged under regulation 154 to transfer the student’s status as an eligible Master’s, etc. student to another course; or
(b)abandons or is expelled from the designated Master’s, etc. course.
(5) The Department may terminate the period of eligibility where the eligible Master’s, etc. student (“A”) has shown by A’s conduct that A is unfitted to receive support.
(6) If the Department is satisfied that an eligible Master’s, etc. student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for a Master’s, etc. fee loan;
(c)treat any Master’s, etc. fee loan paid to the student as an overpayment which may be recovered under regulation 164 .
(7) Where the period of eligibility terminates before the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
(8) A student who has lost the status of eligible Master’s, etc. student remains liable to repay any instalment he or she has received and ceases to be eligible for further instalments of the Master’s, etc. fee loan.
154.—(1) Where an eligible Master’s, etc. student, “A”, transfers to another Master’s, etc. course, the Department must transfer the student’s status as an eligible Master’s, etc. student to that course where—
(a)the Department receives a request from A to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)on the recommendation of the academic authority A ceases one designated Master’s, etc. course and starts to study another designated Master’s, etc. course at the same institution; or
(b)A starts to study a designated Master’s, etc. course at another institution.
(3) Subject to paragraph (4) , where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of Master’s, etc. fee loan in respect of the academic year of the course from which A transfers.
(4) The Department may re-assess the amount of Master’s, etc. fee loan after the transfer.
(5) Where A transfers under paragraph (1) after the Department has determined A’s Master’s, etc. fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another loan of a kind that A has already applied for under this Part in connection with the academic year of the course to which A is transferring, unless otherwise provided.
F501155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F501Reg. 155 omitted (with application in accordance with reg. 1(2)(a) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 13
156.—(1) The amount of the Master’s, etc fee loan in respect of a designated Master’s, etc course, or courses where the circumstances under paragraph (2) apply, must not exceed, in total, the lesser of -
(a)£5,500; and
(b)the fees charged to the student in respect of the designated Master’s, etc. course/s.
(2) If a student’s status as an eligible Master’s, etc. student is transferred from one designated Master’s, etc. course to another under this Part and the circumstances in paragraph (3) apply, the student may apply to the Department to borrow an additional amount of Master’s, etc. fee loan in respect of the designated Master’s, etc. course to which that student transfers.
(3) The circumstances are that the fees payable in respect of the designated Master’s, etc. course to which the eligible Master’s, etc. student transfers exceed the fees payable in respect of the designated Master’s, etc. course from which the student is transferring.
(4) Where the circumstances in paragraph (3) apply, the maximum additional amount that the Master’s, etc. student may borrow in respect of the designated Master’s, etc. course to which that student transfers, provided that the student qualifies for a Master’s, etc. fee loan, is determined by deducting the amount of any Master’s, etc. fee loan the student has taken out under this Part, in respect of the designated Master’s, etc. course from which the student is transferring from the lesser of –
(a)£5,500.00; and
(b)the fees charged in respect of the course to which the student is transferring.]
Textual Amendments
F502Reg. 156 substituted (with application in accordance with reg. 1(2)(a) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 14
157.—(1) A person (the “applicant”) must apply for a Master’s, etc. fee loan in connection with each academic year of a designated Master’s, etc. course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.
(2) The application must be accompanied by—
(a)a declaration under regulation 158 completed by the academic authority; and
(b)such additional documentation as the Department may require.
(3) The Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible Master’s, etc. student, whether the applicant qualifies for a Master’s, etc. fee loan and the amount payable, if any.
(4) The Department must notify the applicant of whether the applicant qualifies for a Master’s etc. fee loan and, if the applicant does qualify, the amount payable in respect of the academic year, if any.
158.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for a Master’s, etc. fee loan.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” means—
(a)where the applicant is applying for a Master’s, etc. fee loan in connection with the designated Master’s, etc. course in respect of the first or only academic year, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has enrolled and has undertaken at least two weeks of the designated Master’s, etc. course;
(b)in any other academic year, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant remains enrolled and continues to undertake the remaining academic year of the designated Master’s, etc. course in respect of which the applicant is applying for a Master’s, etc. fee loan.
(4) In this regulation, “course information” means—
(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for a Master’s, etc. fee loan;
(b)whether the course falls within sub-paragraph (a), (b) or (c) of regulation 152(2);
(c)certification by the academic authority that it considers—
(i)the course to be a designated Master’s, etc. course;
(ii)that it will be possible for the applicant to complete the course within the period specified in regulation 152(2).
(iii)in the case of a designated Master’s, etc. course which is a distance learning course, that the applicant is undertaking the course in Northern Ireland;
(5) For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to—
(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 152(2); and
(b)any parts of the course which the applicant has been required to repeat.
159.—(1) The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year of the course in respect of which it is submitted.
(2) The general rule does not apply where—
(a)one of the events listed in regulation 151 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the ninth month beginning with the day on which the relevant event occurred;
(b)the applicant is applying for an additional amount of the Master’s, etc. fee loan under regulation 156(4) F503..., in which case the application must reach the Department no later than one month before the end of the academic year of the designated Master’s, etc. course to which the application relates;
(c)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F503Words in reg. 159(2)(b) omitted (with application in accordance with reg. 1(2)(a) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 15
160.—(1) To receive a Master’s, etc. fee loan a student must enter into a contact with the Department.
(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.
161.—(1) The Department may make it a condition of entitlement to payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan that the eligible Master’s, etc. student must provide the Department with the student’s United Kingdom national insurance number.
(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan to or in respect of the eligible Master’s, etc. student before the Department is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Department may make a payment of the Master’s, etc. fee loan to an eligible Master’s, etc. student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible Master’s, etc. student having complied with the condition imposed under paragraph (1).
162.—(1) Schedule 4 deals with the provision of information.
(2) The Department may at any time request from an applicant or eligible Master’s, etc. student information that the Department considers is required to recover a Master’s, etc. fee loan.
(3) The Department may at any time require an applicant or eligible Master’s, etc. student to enter into an agreement to repay a Master’s, etc. fee loan by a particular method.
(4) The Department may at any time request from an applicant or eligible Master’s, etc. student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.
(5) Where the Department has requested information under this regulation, the Department may withhold any payment of a Master’s, etc. fee loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.
(6) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a Master’s, etc. fee loan until the person provides what has been required.
163.—(1) The Department must pay the Master’s, etc. fee loan for which an eligible Master’s, etc. student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the Master’s, etc. fee loan in instalments.
(3) The Department must not pay the Master’s, etc. fee loan or instalment of Master’s, etc. fee loan until the Department has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated Master’s, etc. course for the period to which the instalment relates.
(4) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–
(a)has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the Master’s, etc. fee loan or the first instalment of the Master’s, etc. fee loan for the academic year; or
(b)remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the Master’s, etc. fee loan other than the first instalment.
(5) The academic authority must forthwith inform the Department if a student withdraws, is suspended or is expelled from their course, or is otherwise absent.
164.—(1) Any overpayment of Master’s, etc. fee loan is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of Master’s, etc. fee loan was made.
(2) A student must, if so required by the Department, repay any amount of Master’s, etc. fee loan paid in respect of the student which for whatever reason exceeds the amount of Master’s, etc. fee loan to which the student is entitled.
(3) An overpayment of a Master’s, etc. fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—
(a)by subtracting the overpayment from any amount on the Master’s, etc. fee loan which remains to be paid;
(b)by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(c)by requiring the student to repay the Master’s, etc. fee loan in accordance with regulations made by the Department under Article 3 of the Order;
(d)by taking such other action for the recovery of an overpayment as is available to the Department.
165.—(1) If the Department receives notice under regulation 163(5) or paragraph (2)(a), (c) or (d) of Schedule 4 of an eligible Master’s, etc. student’s withdrawal, abandonment, expulsion, absence, etc. from the designated Master’s, etc. course, the Department may not make any further payment of the Master’s, etc. fee loan.
(2) If the eligible Master’s, etc. student recommences the course the student must inform the Department and give full details of the length and cause of the preceding absence.
(3) If the student resumes their studies on the course within two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163, if in the opinion of the Department, it would be appropriate in all the circumstances for such payment to be made.
(4) If the student resumes their studies on the course after two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163 only if the Department deems that there were compelling personal reasons for the student’s absence from the course.]
Regulation 3
1. The 2009 Regulations are amended by paragraphs 2 to 4.N.I.
Commencement Information
I144Sch. 1 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. In regulation 112—N.I.
(a)at the beginning of paragraph (7)(a) insert “Subject to paragraphs (7A) and (7B),”;
(b)in paragraph (7)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (7) insert—
“(7A) Where paragraph (7B) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(7B) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 119 from a course which began before 1st September 2009.”
Commencement Information
I145Sch. 1 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. In regulation 129—N.I.
(a)at the beginning of paragraph (6) insert “Subject to paragraphs (6A) and (6B),”;
(b)in paragraph (6)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (6) insert—
“(6A) Where paragraph (6B) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(6B) This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 137 from a course which began before 1st September 2009.”
Commencement Information
I146Sch. 1 para. 3 in operation at 17.12.2009, see reg. 1(1)
4. In Schedule 2 (Eligible students), Part 2, paragraph 4(1)(b) substitute “person” for “student”.N.I.
Commencement Information
I147Sch. 1 para. 4 in operation at 17.12.2009, see reg. 1(1)
[F504Regulations 5, 105, 122, 139 and 149]
Textual Amendments
F504Sch. 2 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 16
1.—(1) For the purposes of this Schedule—N.I.
[F505“EEA EFTA separation agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]
“EEA frontier self-employed person” means an EEA national who—
is a self-employed person in Northern Ireland; and
resides in Switzerland or the territory of an EEA State F506... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who—
is a worker in Northern Ireland; and
resides in Switzerland or the territory of an EEA State F506... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State F506...;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“European Economic Area” means the area comprised by the EEA States;
“family member” unless otherwise indicated, means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
that person’s spouse or civil partner;
[F507direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner; or]
dependent direct relatives in the ascending line of that person or that of the person’s spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
that person’s spouse or civil partner; or
that person’s child or the child of that person’s spouse or civil partner;
in relation to an EC national who falls within the meaning of article 7(1)(c) of Directive 2004/38—
that person’s spouse or civil partner; or
direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner;
in relation to an EC national who falls within the meaning of article 7(1)(b) of Directive 2004/38—
that person’s spouse or civil partner;
direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependents of the person or the person’s spouse or civil partner; or
dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9—
the person’s spouse or civil partner; or
direct descendants of the person or the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner;
[F505“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020;]
[F505“right of permanent residence”, unless otherwise indicated, means, in relation to a person (“A”), a right to reside in the United Kingdom permanently without restriction which arises under residence scheme immigration rules, but only where, had the facts pertaining to the determination of A’s right to reside fallen to be considered immediately before IP completion day, A would have acquired such right under Directive 2004/38 as it had effect immediately before IP completion day;]
“self-employed person” means—
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971(61);
“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999(62) and which came into force on 1st June 2002;
[F505“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;]
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
is an employed person in Northern Ireland; and
resides in Switzerland or in the territory of an EEA State F506... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
is a self-employed person in Northern Ireland; and
resides in Switzerland or in the territory of an EEA StateF508... and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom
“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
[F509(2) For the purposes of this Schedule, “parent” [F510means a parent, guardian or] and any other person having parental responsibility and “child” is to be construed accordingly.]
[F511(2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]
(3) For the purposes of this Schedule, a person who is ordinarily resident in Northern Ireland, England, Wales, Scotland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—
(a)the current course; or
(b)a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course,
is to be considered to be ordinarily resident in the place from which the person moved.
(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising [F512the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F512the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—
(a)A;
(b)A’s spouse or civil partner;
(c)A’s parent; or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(5) For the purposes of sub-paragraph (4), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising [F513the United Kingdom, Gibraltar,] the European Economic Area and Switzerland or the territory comprising [F513the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising [F513the United Kingdom, Gibraltar,] the European Economic Area and Switzerland as members of such forces; and
(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising [F513the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey as members of such forces.
(6) For the purposes of this Schedule an area [F514other than the United Kingdom or Gibraltar] which —
(a)was previously not part of the European Community or the European Economic Area; but
(b)at any time before or after these Regulations come into operation has become part of one or other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
Textual Amendments
F505Words in Sch. 2 para. 1(1) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(i)(bb)
F506Words in Sch. 2 para. 1(1) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(i)(aa)
F507Words in Sch. 2 para. 1(1) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 25
F508Words in Sch. 2 para. 1(1) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(i)(cc)
F509Sch. 2 para. 1(2) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 13
F510Words in Sch. 2 para. 1(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 19(a)
F511Sch. 2 para. 1(2A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 19(b)
F512Words in Sch. 2 para. 1(4) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(ii)
F513Words in Sch. 2 para. 1(5) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(ii)
F514Words in Sch. 2 para. 1(6) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(a)(iii)
Commencement Information
I148Sch. 2 para. 1 in operation at 17.12.2009, see reg. 1(1)
2.—(1) A person who on the first day of the first academic year of the course—
(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(b)is ordinarily resident in Northern Ireland;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).
Commencement Information
I149Sch. 2 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. A person who—
[F515(a)meets one of the following conditions—
(i)the person is settled in the United Kingdom by virtue of having acquired the right of permanent residence; or
(ii)the person falls within Article 18(2) or (3) of the EU withdrawal agreement, Article 17(2) or (3) of the EEA EFTA separation agreement, or Article 16(2) or (3) of the Swiss citizens’ rights agreement, but only where that person would have acquired the right to reside permanently in the United Kingdom without restriction under Directive 2004/38 as it had effect immediately before IP completion day had the facts pertaining to that person’s right to reside fallen to be considered immediately before IP completion day;]
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F516the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
Textual Amendments
F515Sch. 2 para. 3(a) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(i)(aa)
F516Words in Sch. 2 para. 3(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(i)(bb)
Commencement Information
I150Sch. 2 para. 3 in operation at 17.12.2009, see reg. 1(1)
4.—(1) A person—
(a)who is a refugee;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and
(c)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a refugee;
(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(3) A person—
(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
(c)who was under 18 on the date on which the refugee made the application for asylum;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(e)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
Commencement Information
I151Sch. 2 para. 4 in operation at 17.12.2009, see reg. 1(1)
[F5184A. — A person granted section 67 leave who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.]]
Textual Amendments
F517Sch. 2 para. 4A inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 29
F518Sch. 2 Pt. 2 para. 4A substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 6
4B. A person granted Calais leave who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.]
Textual Amendments
F519Sch. 2 Pt. 2 para. 4B inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(n)
4C. —
(1) A person granted humanitarian protection who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(2) A person who—
(a)is the spouse or civil partner of a person granted humanitarian protection;
(b)was the spouse or civil partner of the person granted humanitarian protection on the date on which that person applied for asylum (the “asylum application date”);
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(3) A person who—
(a)is the child of a person granted humanitarian protection or the child of the spouse or civil partner of a person granted humanitarian protection;
(b)on the asylum application date, was the child of that person or the child of a person who was the spouse or civil partner of the person granted humanitarian protection on that date;
(c)was under 18 years of age on the asylum application date;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(e)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.]
Textual Amendments
F520Sch. 2 Pt. 2 para. 4C inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(n)
4D. — A person granted indefinite leave to remain as a bereaved partner, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.]
Textual Amendments
F521Sch. 2 Pt. 2 para. 4D inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 12(i)
4E. — A person granted indefinite leave to remain as a victim of domestic violence or domestic abuse, who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.]
Textual Amendments
F522Sch. 2 Pt. 2 para. 4E inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 14(i)
4F. —
(1) A person granted stateless leave who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(2) A person—
(a)who—
(i)is the spouse or civil partner of a person granted stateless leave; and
(ii)on the leave application date, was the spouse or civil partner of the person granted stateless leave; and
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(c)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(3) A person—
(a)who—
(i)is the child of a person granted stateless leave or the child of the spouse or civil partner of a person granted stateless leave; and
(ii)on the leave application date, was the child of the person granted stateless leave or the child of a person who, on the leave application date, was the spouse or civil partner of the person granted stateless leave;
(b)who was under 18 years of age on the leave application date; and
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(4) In this paragraph, “leave application date” means the date on which the person granted stateless leave made an application to remain in Northern Ireland as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).]
Textual Amendments
F523Sch. 2 Pt. 2 para. 4F inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(n)
[F5255. —
(1) A person granted leave to enter or remain on the grounds of discretionary leave who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
(b)who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on the leave application date;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(3) A person –
(a)who is the child of a person with leave to enter or remain on the grounds of discretionary leave or the child of the spouse or civil partner of a person with leave to enter or remain on the grounds of discretionary leave;
(b)who, on the leave application date, was under 18 and was the child of the person with leave to enter or remain on the grounds of discretionary leave or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on the grounds of discretionary leave on that date;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(4) In this paragraph, “leave application date” means the date on which the person with leave to enter or remain on the grounds of discretionary leave made the application that led to that person being granted leave to enter or remain on the grounds of discretionary leave in the United Kingdom.]
Textual Amendments
F524Words in Sch. 2 Pt. 2 para. 5 heading substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(i)
F525Sch. 2 Pt. 2 para. 5 substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(n)(ii)
Commencement Information
I152Sch. 2 para. 5 in operation at 17.12.2009, see reg. 1(1)
6.—(1) A person who—
(a)is—
(i)an EEA migrant worker or an EEA self-employed person;
(ii)a Swiss employed person or a Swiss self-employed person;
(iii)a family member of a person mentioned in paragraph (i) or (ii);
(iv)an EEA frontier worker or an EEA frontier self-employed person;
(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or
(vi)a family member of a person mentioned in paragraph (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising [F526the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
Textual Amendments
F526Words in Sch. 2 para. 6(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(ii)
Commencement Information
I153Sch. 2 para. 6 in operation at 17.12.2009, see reg. 1(1)
7.— [F527(1)] A person who—
(a)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(b)has been ordinarily resident in the territory comprising [F528the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(63), as extended by the EEA Agreement.
[F529(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]
Textual Amendments
F527Sch. 2 para. 7(a)-(c) renumbered as Sch. 2 para. 7(1)(a)-(c) (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iii)(aa)
F528Words in Sch. 2 para. 7(1)(b) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iii)(bb)
F529Sch. 2 para. 7(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iii)(cc)
Commencement Information
I154Sch. 2 para. 7 in operation at 17.12.2009, see reg. 1(1)
8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence [F530before IP completion day];
(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
(d)has been ordinarily resident in the territory comprising [F531the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(e)in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising [F532the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who [F533had the right] of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and [F533had the right] of permanent residence, if the person [F534has gone] to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
[F535(3) For the purposes of sub-paragraph (2), a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.]
Textual Amendments
F530Words in Sch. 2 para. 8(1)(b) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(aa)
F531Words in Sch. 2 para. 8(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(bb)
F532Words in Sch. 2 para. 8(1)(e) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(bb)
F533Words in Sch. 2 para. 8(2) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(cc)(i)
F534Words in Sch. 2 para. 8(2) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(cc)(ii)
F535Sch. 2 para. 8(3) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(iv)(dd)
Commencement Information
I155Sch. 2 para. 8 in operation at 17.12.2009, see reg. 1(1)
9.—(1) A person who—
(a)is either—
(i)an EC national on the first day of the first academic year of the course; or
(ii)a family member of a such a person;
(b)is—
(i)attending a designated course in Northern Ireland; or
(ii)undertaking a compressed degree course, [F536designated distance learning course,] designated part-time course [F537, a designated postgraduate course, or a designated Master’s, etc. course] in Northern Ireland;
(c)has been ordinarily resident in the territory comprising [F538the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising [F539the United Kingdom, Gibraltar,] the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising [F540the United Kingdom, Gibraltar,] the European Economic Area and Switzerland in accordance with paragraph 1(4).
(3) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the first day of the first academic year of the course is treated as being satisfied.
[F541(4) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]
Textual Amendments
F536Words in Sch. 2 para. 9(1)(b)(ii) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 44(a)
F537Words in Sch. 2 para. 9(1)(b)(ii) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 44(b)
F538Words in Sch. 2 para. 9(1)(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)
F539Words in Sch. 2 para. 9(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)
F540Words in Sch. 2 para. 9(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(aa)
F541Sch. 2 para. 9(4) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(v)(bb)
Commencement Information
I156Sch. 2 para. 9 in operation at 17.12.2009, see reg. 1(1)
10.—(1) A person who—
(a)is an EC national F542... on the first day of the first academic year of the course;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
(d)in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F543the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national F544... on the first day of the first academic year of the course is treated as being satisfied.
Textual Amendments
F542Words in Sch. 2 para. 10(1)(a) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vi)(aa)
F543Words in Sch. 2 para. 10(1)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vi)(bb)
F544Words in Sch. 2 para. 10(2) omitted (31.12.2020) by virtue of The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vi)(aa)
Commencement Information
I157Sch. 2 para. 10 in operation at 17.12.2009, see reg. 1(1)
11.— [F545(1)] A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising [F546the United Kingdom, Gibraltar,] the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising [F546the United Kingdom, Gibraltar,] the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
[F547(2) Any description of person who would have been eligible under this paragraph immediately before IP completion day is to be eligible on and after IP completion day.]
Textual Amendments
F545 Sch. 2 para. 11(a)-(d) renumbered as Sch. 2 para. 11(1)(a)-(d) (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vii)(aa)
F546Words in Sch. 2 para. 11(1)(c)(d) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vii)(bb)
F547Sch. 2 para. 11(2) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(vii)(cc)
Commencement Information
I158Sch. 2 para. 11 in operation at 17.12.2009, see reg. 1(1)
12. A person who—
(a)is the child of a Turkish worker;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising [F548the United Kingdom, Gibraltar,] the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.
Textual Amendments
F548Words in Sch. 2 para. 12(c) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 12(b)(viii)
Commencement Information
I159Sch. 2 para. 12 in operation at 17.12.2009, see reg. 1(1)
13. —
(1) A person
(a)who on the first day of the first academic year of the course is either—
(i)under the age of 18 and has lived in the United Kingdom throughout the seven-year period preceding the first day of the first academic year of the course; or
(ii)aged 18 years old or above and, preceding the first day of the first academic year of the course, has lived in the United Kingdom throughout either—
(aa)half their life; or
(bb)a period of twenty years;
(b)is ordinarily resident in Northern Ireland;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).]
Textual Amendments
Regulations 6(1), 107(2) and 124(1)
1. A first degree course.N.I.
Commencement Information
I160Sch. 3 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. A course for the Diploma of Higher Education.N.I.
Commencement Information
I161Sch. 3 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. A course for the Higher National Diploma or Higher National Certificate of—N.I.
(a)the Business & Technician Education Council; or
(b)the Scottish Qualifications Authority.
Commencement Information
I162Sch. 3 para. 3 in operation at 17.12.2009, see reg. 1(1)
4. A course for the Certificate of Higher Education.N.I.
Commencement Information
I163Sch. 3 para. 4 in operation at 17.12.2009, see reg. 1(1)
5. A course for the initial training of teachers.N.I.
Commencement Information
I164Sch. 3 para. 5 in operation at 17.12.2009, see reg. 1(1)
F5506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F550Sch. 3 para. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 14
7. A course in preparation for a professional examination of a standard higher than that of—N.I.
(a)examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or
(b)the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,
not being a course for entry to which a first degree (or equivalent qualification) is normally required.
Commencement Information
I165Sch. 3 para. 7 in operation at 17.12.2009, see reg. 1(1)
8. A course—N.I.
(a)providing education (whether or not in preparation for an examination) the standard of which is higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) but not higher than that of a first degree course; and
(b)for entry to which a first degree (or equivalent qualification) is not normally required.
Commencement Information
I166Sch. 3 para. 8 in operation at 17.12.2009, see reg. 1(1)
Regulation 141(1)(b)
Textual Amendments
F551Sch. 3A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 45, Sch. 2
1. A Postgraduate CertificateN.I.
2. A Postgraduate DiplomaN.I.
3. A Master’s degreeN.I.
4. A Doctoral degreeN.I.
5. A course recognised by the Department for the purposes of converting a Postgraduate Certificate into either a Postgraduate Diploma, a Master’s degree or a Doctoral degree.N.I.
6. A course recognised by the Department for the purposes of converting a Postgraduate Diploma into a Master’s degree or a Doctoral degree.N.I.
7. A course recognised by the Department for the purposes of converting a Master’s degree into a Doctoral degree.]N.I.
Regulation 152
Textual Amendments
F552Sch. 3B inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 45, Sch. 2
1. A Master’s degree.N.I.
2. A Postgraduate Diploma.N.I.
3. A Postgraduate Certificate.N.I.
4. A course recognised by the Department for the purposes of converting a Postgraduate Certificate into a Postgraduate Diploma or a Master’s degree.N.I.
5. A course recognised by the Department for the purposes of converting a Postgraduate Diploma into a Master’s degree.]N.I.
Regulations 11, 115, 133 [F553, 145 and 162]
Textual Amendments
F553Words in Sch. 4 substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 46(a)
1. Every applicant, eligible student, eligible distance learning student, eligible part-time student [F554, eligible postgraduate student and eligible Master’s, etc. student] must, as soon as reasonably practicable after being requested to do so, provide the Department with such information as the Department considers the Department requires for the purposes of these Regulations.N.I.
Textual Amendments
F554Words in Sch. 4 para. 1 substituted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 46(b)
Commencement Information
I167Sch. 4 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. [F555An] applicant, eligible student, eligible distance learning student, eligible part-time student [F556, eligible postgraduate student [F557or eligible] Master’s, etc. student] must forthwith inform the Department and provide the Department with particulars if any of the following occurs—
[F558(a)they withdraw from or abandon their course;]
(b)they are expelled from their course;
(c)they transfer to another course (whether at the same institution or not);
(d)they are absent from their course for more than 60 days due to illness;
(e)they are suspended from their course (whether at their request or not);
(f)the month for the start or completion of their course changes;
(g)their home or term-time address or telephone number changes;
(h)they become, or cease to be, a prisoner.
Textual Amendments
F555Word in Sch. 4 para. 2 substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 3(a)(i)(aa)
F556Words in Sch. 4 para. 2 substituted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 46(c)(i)
F557Words in Sch. 4 para. 2 substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 3(a)(i)(bb)
F558Sch. 4 paras. 2(a)-(h) substituted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 3(a)(ii)
Commencement Information
I168Sch. 4 para. 2 in operation at 17.12.2009, see reg. 1(1)
[F5592A.—(1) An academic authority must forthwith inform the Department and provide the Department with particulars if an applicant, eligible student, eligible distance learning student, eligible part-time student or eligible Master’s, etc. student—N.I.
(a)withdraws from or abandons their course;
(b)is expelled from their course;
(c)is absent from their course for more than 60 days due to illness;
(d)is suspended from their course (whether at their request or not).
(2) An academic authority is not required to provide under sub-paragraph (1) any information which it has already provided to the Department under regulation 99(5), 119A(4) 137A(4) or 163(5).]
Textual Amendments
3. Information provided to the Department pursuant to these Regulations must be in the format that the Department requires and, if the Department requires the information to be signed by the person providing it, an electronic signature in such form as it may specify satisfies such a requirement.N.I.
Commencement Information
I169Sch. 4 para. 3 in operation at 17.12.2009, see reg. 1(1)
Regulation 87
1.—(1) In this Schedule:—
(a)“financial year” means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it;
(b)“household income” has the meaning given in paragraph 3;
(c)“independent eligible student” has the meaning given in paragraph 2;
(d)“Member State” means a Member State of the European Union;
(e)“new eligible student” means an eligible student who begins a specified designated course on or after 1st September 2004;
(f)“parent” means a natural or adoptive parent and “child”, “mother” and “father” are to be construed accordingly;
(g)“parent student” means an eligible student who is the parent of an eligible student;
(h)“partner” in relation to an eligible student means any of the following—
(i)the spouse of an eligible student;
(ii)the civil partner of an eligible student;
(iii)a person ordinarily living with an eligible student as if the person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2000;
(iv)a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2005;
(i)“partner” in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—
(i)the spouse of an eligible student’s parent;
(ii)the civil partner of an eligible student’s parent;
(iii)a person ordinarily living with the parent of an eligible student as if the person were the parent’s spouse;
(iv)a person ordinarily living with the parent of an eligible student as if the person were the parent’s civil partner;
(j)“preceding financial year” means the financial year immediately preceding the relevant year;
(k)“prior financial year” means the financial year immediately preceding the preceding financial year;
(l)“relevant year” means the academic year of the course in respect of which the household income falls to be assessed;
(m)“residual income” means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent) and income referred to in sub-paragraph (2) received net of income tax;
[F560(n)“taxable income” means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs [F561(3) to (4A)] of paragraph 5) of the prior financial year [F562and in relation to paragraph 7, in respect (subject to sub-paragraphs (2) to (5) of paragraph 7) of the prior financial year]—
(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;
(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of [F563a Member State] which applies to A’s income; or
[F564(iii)where the legislation of—
(aa)the United Kingdom and one or more Member States; or
(bb)more than one Member State
applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),]
except that no account is taken of income referred to in sub-paragraph (2) paid to another party;]
(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978(64) which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(65) which includes provision made by virtue of Parts 6 and 7 of that Schedule.
Textual Amendments
F560Sch. 5 para. 1(1)(n) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(a)
F561Words in Sch. 5 para. 1(1)(n) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(a)(i)
F562Words in Sch. 5 para. 1(1)(n) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(a)(ii)
F563Words in Sch. 5 para. 1(1)(n)(ii) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(a)(i)
F564Sch. 5 para. 1(1)(n)(iii) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(a)(ii)
Commencement Information
I170Sch. 5 para. 1 in operation at 17.12.2009, see reg. 1(1)
2.—(1) An independent eligible student is an eligible student where—
(a)the student is aged 25 or over on the first day of the relevant year;
(b)the student is married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;
(c)the student has no parent living;
(d)the Department is satisfied that neither of the student’s parents can be found or that it is not reasonably practicable to get in touch with either of them;
(e)the student has communicated with neither of the student’s parents for the period of one year before the beginning of the relevant year or, in the opinion of the Department, the student can demonstrate on other grounds that the student is irreconcilably estranged from the student’s parents;
(f)the student was looked after by an authority (within the meaning of Article 25 of the Children (Northern Ireland) Order 1995(66)) throughout any three-month period ending on or after the date on which the student reached the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that the student has not in fact at any time during the relevant period been under the charge or control of the student’s parents;
(g)the student’s parents are residing outside [F565the United Kingdom, Gibraltar and] the European Community and the Department is satisfied that either—
(i)the assessment of the household income by reference to their residual income would place those parents in jeopardy; or
(ii)it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 or 9 to send any relevant funds to the United Kingdom;
(h)paragraph 5(9) applies and the parent whom the Department considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
(i)in the case of a student who began the current course before 1st September 2009, the student is a member of a religious order who resides in a house of that order;
(j)as at the first day of the relevant year, the student has the care of a person under the age of 18; or
(k)the student (“A”) has supported A out of A’s earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this sub-paragraph A is to be treated as supporting A out of A’s earnings during any period in which—
(i)A was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);
(ii)A was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;
(iii)A was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;
(iv)A held a state studentship or comparable award; or
(v)A received any pension, allowance or other benefit paid by any person by reason of a disability to which A is subject, or by reason of confinement, injury or sickness.
(2) An eligible student who qualifies as an independent eligible student under sub-paragraph (1)(j) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility.
Textual Amendments
F565Words in Sch. 5 para. 2(1)(g) inserted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(b)
Commencement Information
I171Sch. 5 para. 2 in operation at 17.12.2009, see reg. 1(1)
3.—(1) The amount of an eligible student’s contribution depends on the household income.
(2) The household income is—
(a)in the case of an eligible student who is not an independent eligible student, the residual income of the eligible student aggregated with the residual income of the eligible student’s parents (subject to paragraph 5 (9)) and—
(i)in the case of a new eligible student who began the specified designated course before 1st September 2005, the residual income of the partner (other than a partner within the meaning of paragraph 1(j)(iv)) of the student’s parent (provided that the Department has selected that parent under paragraph 5(9); or
(ii)in the case of a new eligible student who began the specified designated course on or after 1st September 2005, the residual income of the partner of the student’s parent (provided that the Department has selected that parent under paragraph 5(9));
(b)in the case of an independent eligible student who has a partner, the residual income of the eligible student aggregated with the residual income of the eligible student’s partner (subject to sub-paragraph (4)); or
(c)in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.
(3) In determining the household income under sub-paragraph (2), there is deducted the sum of £1,153—
(a)for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner; or
(b)for each child other than the eligible student wholly or mainly financially dependent on the eligible student’s parent or the eligible student’s parent’s partner whose residual income is being taken into account.
(4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student’s partner must not be aggregated under paragraph (b) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student’s partner or of both.
Commencement Information
I172Sch. 5 para. 3 in operation at 17.12.2009, see reg. 1(1)
4.—(1) For the purpose of determining the residual income of an eligible student, there is deducted from the student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs—
(a)any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the student has leave of absence or is relieved of the student’s normal duties for the purpose of attending that course;
(b)the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given F566... under section 188 of the Finance Act 2004(67), or where the eligible student’s income is computed for the purposes of the income tax legislation of [F567a Member State], the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.
(2) Where the only paragraph in Part 2 of Schedule 2 into which an eligible student falls is paragraph 9 and the student’s income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Schedule 2, the student’s income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that the student is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 2 would be treated if in similar circumstances and in receipt of similar income.
(3) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—
(a)if the student purchases sterling with the income, the amount of sterling the student so receives;
[F568(b)otherwise the value of the sterling which the income would purchase using the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the start of the relevant year.]
Textual Amendments
F566Words in Sch. 5 para. 4(1)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(b)
F567Words in Sch. 5 para. 4(1)(b) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(i)
F568Sch. 5 para. 4(3)(b) substituted (20.3.2017) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 13(a)
Commencement Information
I173Sch. 5 para. 4 in operation at 17.12.2009, see reg. 1(1)
5.—F569(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) [F570For the purposes of determining the residual income of an eligible student’s parent (“A” in this paragraph) there is deducted from the taxable income of A the aggregate of any amounts falling within any of the following sub-paragraphs (unless already deducted in determining a person’s taxable income)]—
(a)the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given F571... under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of [F572a Member State], the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
(b)in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (6) any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of A’s income were in fact income for the purposes of the Income Tax Acts;
(c)where A is a parent student or A holds a statutory award, £1,153.
[F573(3) The Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the financial year beginning immediately before the relevant year (“the current financial year”) if the Department is satisfied that—
(a)where the eligible student’s household income is determined by reference to the residual income of A alone, the residual income of A in the current financial year is likely to be not more than 95% of the sterling value of A’s residual income in the prior financial year;
(b)where the eligible student’s household income is determined by reference to the residual income of both parents, the aggregate of the residual incomes of A and the other parent in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of the residual incomes of A and the other parent in the prior financial year; or
(c)where the eligible student’s household income is determined by reference to the residual income of A and A’s partner, the aggregate of the residual incomes of A and A’s partner in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of—
(i)the residual income of A in the prior financial year applicable to A; and
(ii)the residual income of A’s partner in the prior financial year applicable to A’s partner.
(3A) In the event that sub-paragraph (3) or this paragraph was applied in the previous academic year of the current course, the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year if the Department is satisfied that—
(a)where the eligible student’s household income is determined by reference to the residual income of A alone, the residual income of A in the current financial year is likely to be not more than 95% of the sterling value of A’s residual income in the previous financial year;
(b)where the eligible student’s household income is determined by reference to the residual income of both parents, the aggregate of the residual incomes of A and the other parent in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of the residual incomes of A and the other parent in the previous financial year; or
(c)where the eligible student’s household income is determined by reference to the residual income of A and A’s partner, the aggregate of the residual incomes of A and A’s partner in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of the residual incomes of A and A’s partner in the previous financial year.
(4) In an academic year immediately following one in which the Department has ascertained A’s residual income for the current financial year under sub-paragraph (3) or, where applicable, under sub-paragraph (3A), the Department must ascertain A’s residual income in the preceding financial year.
(4A) In an academic year immediately following one in which the Department has ascertained A’s residual income for the previous financial year under sub-paragraph (4), the Department must ascertain A’s residual income in the prior financial year.]
(5) Where A satisfies the Department that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Schedule to a prior financial year means the earliest period of twelve months which ends after the start of the [F574financial year immediately preceding the preceding financial year] and in respect of which accounts are kept relating to that business or profession.
(6) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of [F575a Member State] by reason only that—
(a)A is not residentF576... or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of [F575a Member State], not so residentF576... or domiciled in that Member State;
(b)the income does not arise in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of [F575a Member State], does not arise in that Member State; or
(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,
A’s taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of [F575a Member State], as the case may be.
[F577(7) Where A’s income is computed as for the purposes of the income tax legislation of [F578a Member State], it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the end of the prior financial year.]
(8) Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is—
(a)where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or
(b)where the parent dies during the relevant year, the aggregate of—
(i)the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and
(ii)the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.
(9) Where the Department determines that the parents are separated for the duration of the relevant year, the household income is determined by reference to the income of whichever parent the Department considers the more appropriate under the circumstances.
(10) Where the Department determines that the parents have separated in the course of the relevant year, the household income is determined by reference to the aggregate of—
(a)the appropriate proportion of the household income determined in accordance with sub-paragraph (9), being the proportion in respect of that part of the relevant year during which the parents are separated; and
(b)the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.
Textual Amendments
F569Sch. 5 para. 5(1) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(c)(i)
F570Words in Sch. 5 para. 5(2) substituted (29.2.2016) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(2), 12
F571Words in Sch. 5 para. 5(2)(a) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(c)(iii)
F572Words in Sch. 5 para. 5(2)(a) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(ii)(aa)
F573Sch. 5 para. 5(3)-(4A) substituted for Sch. 5 para. 5(3)(3A)(4) (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(b)(i)
F574Words in Sch. 5 para. 5(5) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(b)(ii)
F575Words in Sch. 5 para. 5(6) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(ii)(bb)
F576Words in Sch. 5 para. 5(6)(a) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 15
F577Sch. 5 para. 5(7) substituted (20.3.2017) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 13(b)
F578Words in Sch. 5 para. 5(7) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(ii)(cc)
Commencement Information
I174Sch. 5 para. 5 in operation at 17.12.2009, see reg. 1(1)
6.—(1) Subject to sub-paragraphs [F579(2) and (3)], an eligible student’s partner’s [F580residual] income is determined in accordance with paragraph 5 (other than sub-paragraphs [F581(3)(b) and (c), (3A)(b) and (c), (8), (9) and (10)] of paragraph 5), references to the parent being construed as references to the eligible student’s partner.
(2) Where the Department determines that the eligible student and the student’s partner are separated for the duration of the relevant year, the partner’s [F582residual] income is not taken into account in determining the household income.
(3) Where the Department determines that the eligible student and the student’s partner have separated in the course of the relevant year, the partner’s [F583residual] income is determined by reference to the partner’s [F583residual] income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Department determines that the eligible student and the student’s partner are not separated.
F584(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F579Words in Sch. 5 para. 6(1) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(aa)
F580Word in Sch. 5 para. 6(1) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(bb)
F581Words in Sch. 5 para. 6(1) substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(i)(cc)
F582Word in Sch. 5 para. 6(2) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(ii)
F583Word in Sch. 5 para. 6(3) inserted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(iii)
F584Sch. 5 para. 6(4) omitted (4.6.2020) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(c)(iv)
Commencement Information
I175Sch. 5 para. 6 in operation at 17.12.2009, see reg. 1(1)
7.—(1) For the purposes of determining the residual income of an eligible student’s parent’s partner (“P”), there is deducted from the taxable income of P the aggregate of any amounts falling within any of the following sub-paragraphs (unless already deducted in determining a person’s taxable income)—
(a)the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of [F586a Member State], the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
(b)in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (7), any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums deducted do not exceed the deductions which would be made if the whole of P’s income were in fact income for the purposes of the Income Tax Acts;
(c)where P is a parent student or P holds a statutory award, £1,153.
(2) The Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain P’s residual income for the financial year beginning immediately before the relevant year (“the current financial year”) if the Department is satisfied that the aggregate of the residual incomes of P and the eligible student’s parent in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of—
(a)the residual income of P in the prior financial year applicable to P; and
(b)the residual income of the eligible student’s parent in the prior financial year applicable to the parent.
(3) In the event that sub-paragraph (2) or this paragraph was applied in the previous academic year of the current course, the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain P’s residual income for the current financial year if the Department is satisfied that the aggregate of the residual incomes of P and the eligible student’s parent in the current financial year is likely to be not more than 95% of the sterling value of the aggregate of the residual incomes of P and the eligible student’s parent in the previous financial year.
(4) In an academic year immediately following one in which the Department has ascertained P’s residual income for the current financial year under sub-paragraph (2) or, where applicable, under sub-paragraph (3), the Department must ascertain P’s residual income in the preceding financial year.
(5) In an academic year immediately following one in which the Department has ascertained P’s residual income for the previous financial year under sub-paragraph (4), the Department must ascertain P’s residual income in the prior financial year.
(6) Where P satisfies the Department that P’s income is wholly or mainly derived from the profits of a business or profession carried on by P then any reference in this Schedule to a prior financial year in relation to P means the earliest period of twelve months which ends after the start of the financial year immediately preceding the preceding financial year and in respect of which accounts are kept relating to that business or profession.
(7) Where P is in receipt of any income which does not form part of P’s income for the purpose of the Income Tax Acts or the income tax legislation of [F587a Member State] by reason only that—
(a)P is not resident or domiciled in the United Kingdom, or where P’s income is computed as for the purposes of the income tax legislation of [F587a Member State], not so resident or domiciled in that Member State;
(b)the income does not arise in the United Kingdom, or where P’s income is computed for the purposes of the income tax legislation of [F587a Member State], does not arise in that Member State; or
(c)the income arises from an office, service or employment, income for which is exempt from tax in pursuance of any legislation,
P’s taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of P’s income for the purpose of the Income Tax Acts or the income tax legislation of [F587a Member State], as the case may be.
(8) Where P’s income is computed as for the purposes of the income tax legislation of [F588a Member State], it is computed under the provisions of this Schedule in the currency of that Member State and P’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the average rate published by Her Majesty’s Revenue and Customs for the calendar year which ends before the end of the prior financial year.
(9) Where the Department determines that P and the eligible student’s parent are separated for the duration of the relevant year, P’s residual income is not taken into account in determining the household income.
(10) Where the Department determines that P and the eligible student’s parent have separated in the course of the relevant year, P’s residual income is determined by reference to P’s residual income under sub-paragraph (1) divided by 52 and multiplied by the number of complete weeks in the relevant year for which the Department determines that P and the eligible student’s parent are not separated.]
Textual Amendments
F585Sch. 5 para. 7 substituted (4.6.2020) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 5(d)
F586Words in Sch. 5 para. 7(1)(a) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(iii)(aa)
F587Words in Sch. 5 para. 7(7) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(iii)(bb)
F588Words in Sch. 5 para. 7(8) substituted (31.12.2020) by The Education (Student Fees and Support) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/295), regs. 1(3), 13(c)(iii)(cc)
8.—(1) The contribution payable in relation to an old system student who is not an independent eligible student is—
(a)in any case where the household income is £24,770 or more, £45 with the addition of £1 for every complete £12.50 by which the household income exceeds £24,770; and
(b)in any case where the household income is less than £24,770, nil.
(2) The contribution payable in relation to an old system student who is an independent eligible student with a partner is—
(a)in any case where the household income is £24,770 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £24,770; and
(b)in any case where the household income is less than £24,770, nil.
(3) The contribution payable in relation to an old system student who is an independent eligible student without a partner is—
(a)in any case where the household income is £11,535 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £11,535; and
(b)in any case where the household income is less than £11,535, nil.
(4) The amount of the contribution payable under sub-paragraph (1), (2) or (3) must in no case exceed £8,730.
(5) The contribution may be adjusted in accordance with paragraph 10.
(6) Where sub-paragraph (7) applies, the aggregate contributions must not exceed £8,730.
(7) This sub-paragraph applies where—
(a)a contribution is payable in relation to two or more eligible students (other than current system students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or
(b)the household income consists of the residual income of an independent eligible student and the student’s partner where both hold a statutory award.
Commencement Information
I176Sch. 5 para. 8 in operation at 17.12.2009, see reg. 1(1)
9.—(1) In relation to an eligible student who is a current system student, the contribution payable is—
(a)in any case where the household income exceeds £41,540, £1 for every complete £9.50 by which the household income exceeds £41,540; and
(b)in any case where the household income is £41,540 or less, nil.
(2) The contribution must not in any case exceed £6,336.
(3) The contribution may be adjusted in accordance with paragraph 10.
(4) Where sub-paragraph (5) applies, the aggregate contributions must not exceed £6,336.
(5) This sub-paragraph applies where—
(a)a contribution is payable in relation to two or more eligible students (other than old system students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or
(b)the household income consists of the residual income of an independent eligible student and the student’s partner where both hold a statutory award.
Commencement Information
I177Sch. 5 para. 9 in operation at 17.12.2009, see reg. 1(1)
10. Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, the contribution payable in respect of the eligible student is divided by the number of such persons.
Commencement Information
I178Sch. 5 para. 10 in operation at 17.12.2009, see reg. 1(1)
Regulation 2(1)
Commencement Information
I179Sch. 6 in operation at 17.12.2009, see reg. 1(1)
F589...
Carlow College (St. Patrick’s)
F590...
[F591Marino Institute of Education, Dublin]
Dublin City University
F592...
Dun Laoghaire Institute of Art, Design and Technology
F593...
Institute of Technology, Athlone
F592...
Institute of Technology, Carlow
F594...
Institute of Technology, Dundalk
Institute of Technology, Galway/Mayo
Institute of Technology, Letterkenny
Institute of Technology, Limerick
Institute of Technology, Sligo
F592...
F595...
F596...
Mary Immaculate College, Limerick
[F597Munster Technological University]
F598...
F599...
F600...
National College of Art and Design, Dublin
National College of Ireland, Dublin
National University of Ireland, Dublin
National University of Ireland, Cork
National University of Ireland, Galway
[F601Maynooth University]
Pontifical University of Maynooth
Royal College of Surgeons in Ireland
St Angela’s College, Lough Gill, Sligo
[F602Technological University Dublin]
F603...
F600...
F604...
F605...
F606...
F603...
Trinity College Dublin
University of Limerick
Waterford Institute of Technology
Textual Amendments
F589Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(a)
F590Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(b)
F591Words in Sch. 6 substituted (with application in accordance with reg. 1(3) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(c)
F592Words in Sch. 6 omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 17(a)
F593Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(d)
F594Words in Sch. 6 omitted (25.3.2021) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 21(a)
F595Words in Sch. 6 omitted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 21(b)
F596Words in Sch. 6 omitted (4.6.2020) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/79), regs. 1(1), 17
F597Words in Sch. 6 inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 21(c)
F598Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(e)
F599Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(f)
F600Words in Sch. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 6
F601Words in Sch. 6 substituted (with application in accordance with reg. 1(3) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(i)
F602Words in Sch. 6 inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 17(b)
F603Words in Sch. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 16
F604Words in Sch. 6 omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 14
F605Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(h)
F606Words in Sch. 6 omitted (with application in accordance with reg. 1(3) of the amending Rule) by virtue of The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/21), regs. 1(3), 13(g)
(This note is not part of the Regulations)
These Regulations are based on the Education (Student Support) Regulations (Northern Ireland) 2009 (the “2009 Regulations”). Differences of substance between the 2009 Regulations and these Regulations, including increases in rates of grants and loans, are described below.
These Regulations revoke, from 1st September 2010, the 2009 Regulations subject to savings and transitional provisions the extent of which are set out in regulation 4.
Regulations 109 and 126 provide that part-time and full-time distance learning students who transfer to the current course on or after 1st September 2009 from a course beginning before 1st September 2009 will not be prevented from qualifying for support because the course leads to an equivalent or lower qualification.
Regulations 109 and 126 also remove restrictions on part-time and full-time distance learning students who wish to top-up to a higher level qualification. Students who already hold a lower level qualification such as a foundation degree or ordinary degree will be eligible to apply for support to top-up their qualification to an honours degree on a part-time or full-time distance learning course regardless of any break in study or change in course subject and regardless of whether the top-up course is at the same or different institution.
Paragraphs 2 and 3 of Schedule 1 make changes to regulations 112 and 129 of the 2009 Regulations so that part-time or full-time distance learning students who transfer to the current course on or after 1st September 2009 from a part-time or full-time distance learning course which began before 1st September 2009 are not prevented from qualifying for support because the course leads to an equivalent or lower qualification.
Apart from increases to amounts in line with inflation, the income thresholds and assessments of loans for living costs and maintenance grants are not changed.
An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies. The impact on the public sector is minimal.
Formerly known as the Department of Higher and Further Education, Training and Employment; see the Department for Employment and Learning Act (Northern Ireland) 2001 c.15
S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4) and by the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12
S.R. 1999 No. 481 see Article 5(b) and Schedule 3 Part II
S.R. 1999 No. 192, as amended by S.R. 1999 No. 370 and S.R. 2000 No. 175
S.R. 2000 No. 213, as amended by S.R. 2000 No. 254, S.R. 2000 No. 296 and S.R. 2001 No. 77
S.R. 2002 No. 224, as amended by S.R. 2003 No. 121
S.R. 2003 No. 298, as amended by S.R. 2003 No. 339
S.R. 2005 No. 340, as amended by S.R. 2005 No. 445 and S.R. 2006 No. 252
S.R. 2006 No. 312, as amended by S.R. 2006 No. 383 and S.R. 2007 No. 293
S.R. 2007 No. 195, as amended by S.R. 2007 No. 293 and S.R. 2007 No.363
OJ L158, 30.4.2004, p77-123
S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations
1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, the Health Authorities Act 1995 (c. 17), Schedule 1, S.I. 1996/1008, the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, S.I. 2002/2202, article 4, S.I. 2002/2469, Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, S.I. 2004/288, article 7, the Children Act 2004 (c. 31), section 55, S.I. 2004/957, the Schedule, the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, S.I.2006/1056 and S.I. 2007/961, the Schedule
S.R. 2003 No. 459, as amended by S.R. 2004 No. 395, S.R. 2005 No. 466, S.R. 2006 No. 378, S.R. 2007 No. 336 and S.R. 2008 No. 254
College of Agriculture, Food and Rural Enterprise is an integral part of the Department of Agriculture and Rural Development, and consists of campuses at Enniskillen, Greenmount and Loughry
Cmnd. 9171
Cmnd. 3906 (out of print, photocopies are available, free of charge, from the Student Finance Division, Department of Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington, DL3 9BG)
1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)
S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6 and revoked, with savings, by SR (NI) 1998 No 306
1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4
S.S.I. 2007/151, amended by S.S.I. 2007/503
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8); Health and Social Services trusts were renamed under section 32 and Schedule 6 paragraph 1(1)(c) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I.2)
Section 77 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 88 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 30 of Schedule 1 to the Child Benefit Act 2005 (c. 6)
2002 c. 21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24 and there are amendments not relevant to these Regulations
Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/681, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I. 2007/968, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/1879, S.I.2008/2169, S.I. 2009/679 and S.I. 2009/800) sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002
1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and amended by Schedule 3 to, the State Pension Credit Act (Northern Ireland) 2002 (c. 14N.I.)); The relevant provisions is regulation 4ZA and Schedule 1B, as amended, of the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459). Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 ; relevant amending Rules are the Schedule to S.R. 2000 No. 241, regulation 5(3) of S.R. 2000 No. 71 and paragraph 1 of Schedule 1 to S.R. 2005 No. 319 (c.23)
Section 129(2) was amended by Article 8 (2) of the Housing Support Services (Northern Ireland) Order 2002, S.I. 2002/3154 (N.I. 8). The relevant regulation is regulation 53 of the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405)
S.S.I. 2007/151, amended by S.S.I. 2007/503, S.S.I. 2008/206 and S.S.I. 2009/188
2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19, Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9
1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7. See section 43(1) of the 1998 Act for the definition of “prescribed”
1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)
1992 c.7; Part VII was amended by paragraph 4 of Schedule 4 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) (transitory modifications), paragraph 5 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992 No. 3204 (N.I. 20)), Article 3(2) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993 No. 1579 (N.I. 8)), paragraph 31 of Schedule 1 and 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994 No. 1898 (N.I. 12)), paragraphs 13, 14, 15 and 18 of Schedule 2 and Schedule 3 to the Jobseeekers (Northern Ireland) Order 1995 (S.I. 1995 No. 2705 (N.I. 15)), paragraph 26 of Schedule 8 to the Welfare Reform and Pension (Northern Ireland) Order 1999 (S.I. 1999 No. 3147 (N.I. 11)), paragraphs 2, 3 and 4 of Schedule 2 of the State Pension Credit Act (Northern Ireland) 2002 (c. 14), Schedule 6 to the Tax Credit Act 2002 (c. 21), Article 8 of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002 No. 3154 (N.I. 8)), paragraph 200 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraphs 96 to 99 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), Section 30(2) of and, paragraph 3 of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and Article 18 of the Social Security Benefits Up-rating Order (Northern Ireland) 2009 (S.R. 2009 No. 89).
S.I. 1995/2705 (N.I. 15); Part II was modified by regulations 159 and 160 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) and was amended by Schedule 1 to the Employments Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 N.I. 16)), Schedules 6 and 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Schedules 3, 7, 8 and 10 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2), Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 1 to the National Insurance Contributions Act 2002 (c.19), Schedule 6 to the Income Tax (Earning and Pensions) Act 2003 (c.1), Schedule 24 to the Civil Partnership Act 2004 (c.33) and paragraph 2 of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006 No. 37)
1950 c. 29 (N.I.) Section 1(1) was substituted and sub-sections 1(A), 1(B) and 1(C) inserted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
N.I. 2007 (c.2)
2002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)
Cm. 4904
OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475)
S.I. 1978/1045 (N.I. 15); Article 27B was inserted by the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3123 (N.I. 22)), Article 162(1) and was amended by the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Schedule 4. Article 27E was inserted by the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), Schedule 10, paragraph 1
2004 c.33; paragraph 25 of Schedule 5 was modified by S.I.2006/1934
2004 c.12; section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.