The Education (Student Support) Regulations 2005

Eligible postgraduate students

46.—(1) An eligible postgraduate student shall, subject to and in accordance with this Part, qualify for a grant to assist with the additional expenditure he is obliged to incur in connection with his undertaking a designated postgraduate course by reason of a disability to which he is subject.

(2) A person is an eligible postgraduate student in connection with a designated postgraduate course if he satisfies the conditions in paragraph (3) and is not excluded by paragraph (4).

(3) The conditions referred to in paragraph (2) are—

(a) the Secretary of State has determined in connection with the designated postgraduate course that the person is mentioned in Schedule 2; and

(b) the Secretary of State is satisfied that, by reason of a disability to which the person is subject, he will be obliged to incur additional expenditure in respect of his undertaking the course.

(4) A person shall not be an eligible postgraduate student if—

(a) there has been bestowed on him or paid to him in relation to his undertaking the course—

(i) a healthcare bursary;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(1);

(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 his institution which includes any payment for the purpose of meeting additional expenditure incurred by the student by reason of his disability; or

(v) any allowance, bursary or award of similar description made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000(2) which includes payment for meeting additional expenditure incurred by the student by reason of his disability; or

(b) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.

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

(6) An eligible postgraduate student shall not qualify for a grant under this Part unless he is undertaking his course in the United Kingdom.

(7) Notwithstanding paragraph (2), a person shall be an eligible postgraduate student for the purposes of this Part if—

(a) he qualified as an eligible postgraduate student in connection with an earlier academic year of the present designated postgraduate course pursuant to regulations made under section 22 of the Act and that status has not expired or been terminated; or

(b) the following conditions are met—

(i) the Secretary of State has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the present course; and

(ii) the student’s status as an eligible postgraduate student in connection with that course has been transferred from that course to the present course as a result of one or more transfers in accordance with regulations made under section 22 of the Act.

(8) An eligible postgraduate student shall not, at any one time, qualify for support for—

(a) more than one designated postgraduate course;

(b) a designated postgraduate course and a designated course;

(c) a designated postgraduate course and a designated part-time course.

(1)

S.I. 1992/580, amended by S.S.I. 2002/423 and S.S.I. 2003/401.

(2)

2000 c. 14.