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

Assistance for part-time courses N.I.

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; F1 ...

[F2 (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.

[F3 (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.

[F4 (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.]

[F5 (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.]

[F6 (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.]

[F7 (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.]

[F8 (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 [F9 under 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.

[F10 (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.

[F11 (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

F1 Word 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)

F2 Reg. 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)

F3 Reg. 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)

F4 Reg. 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)

F5 Reg. 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)

F6 Reg. 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)

F7 Reg. 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

F8 Reg. 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

F9 Words 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)

F10 Reg. 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)

F11 Reg. 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

I1 Reg. 126 in operation at 17.12.2009, see reg. 1(1)