The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

Support for distance learning courses N.I.

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; F1 ...

[F2 (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.

[F3 (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.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (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. ]

[F6 (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.]

[F7 (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.]

[F8 (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 [F9 under 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(1); 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(2).

[F10 (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

F1 Word 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)

F2 Reg. 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)

F3 Reg. 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)

F4 Reg. 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

F5 Reg. 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)

F6 Reg. 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)

F7 Reg. 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

F8 Reg. 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

F9 Words 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)

F10 Reg. 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

I1 Reg. 109 in operation at 17.12.2009, see reg. 1(1)

(1)

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”

(2)

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)