The Education (Student Support) Regulations 2005

General qualifying conditions for grants for living costs

13.—(1) An eligible student shall qualify for a grant for living costs under this Part provided that—

(a) he is not excluded from qualification by any of the following paragraphs; and

(b) he satisfies the qualifying conditions for the particular grant for living costs for which he is applying.

(2) An eligible student shall not qualify for a grant for living costs under this Part if the only paragraph from 1 to 7 of Schedule 2 into which he falls is paragraph 7.

(3) An eligible student shall not qualify for a grant for living costs under this Part in respect of any academic year—

(a) during which he is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to his income;

(b) during which he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; or

(c) of a course referred to in paragraph 4 of Schedule 3 during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) Paragraph (3)(c) does not apply for the purposes of regulation 14.

(5) With the exception of a grant under regulation 15, an eligible student shall not qualify for a grant for living costs 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 or with a primary care trust in the United Kingdom;

(b) unpaid service with a local authority in the United Kingdom acting in the exercise of their 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;

(c) unpaid service in the prison or probation and aftercare service in the United Kingdom;

(d) unpaid research in an institution in the United Kingdom or, in the case of a student attending an overseas institution as part of his course, in an overseas institution; or

(e) unpaid service with—

(i) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977(1) or a Special Health Authority established pursuant to section 11 of that Act(2);

(ii) a Health Board or a Special Heath Board constituted under section 2 of the National Health Service (Scotland) Act 1978(3); or

(iii) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(4).

(7) Where a student becomes an eligible student during the course of an academic year as a result of one of the events listed in paragraph (8), he may qualify for a particular grant for living costs in accordance with this Part in respect of that academic year but he shall not qualify for a grant for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(8) The events referred to in paragraph (7) are—

(a) the student’s course becomes a designated course; or

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2.

(1)

1977 c. 49; section 8 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 1(2).

(2)

Section 11 was amended by the Health Authorities Act 1995 (c. 17), section 2 and Schedule 1, paragraph 2 and the Health Act 1999 (c. 8), Schedule 4, paragraph 6.

(3)

1978 c. 29.

(4)

S.I. 1972/1265 (N.I. 14).