Education (Student Support) Regulations (Northern Ireland) 1999

Eligibility for grants for living costs

12.—(1) Subject to and in accordance with the following regulations an eligible student shall be eligible for grant for living costs under this Part in respect of his attendance at a course during any academic year if he is—

(a) under the age of 50 on the first day of the first academic year of the course; or

(b) aged 50 or over and under the age of 55 on that day, if the Department is satisfied that he intends to enter employment after he has completed his course.

(2) An eligible student shall not be eligible for grant for living costs under this Part if he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.

(3) An eligible student shall not be eligible for grant for living costs under this Part in respect of his attendance at a course during any academic year—

(a) during which he is eligible to receive any payment under a bursary or award of similar description made to him under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income; or

(b) where the course leads to a qualification that is appropriate for entry into one of the health care professions other than as a medical doctor or dentist and he is eligible to receive a maintenance award under the Students' Allowances (Scotland) Regulations 1996 in relation to his attendance on the course; or

(c) where the course is for the initial training of teachers referred to in paragraph 4 of Schedule 2 and during it the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) With the exception of grant under regulation 14 an eligible student shall not be eligible for grant for living costs under this Part in respect of his attendance at a sandwich course during any academic year where the periods of full-time study are in aggregate less than 10 weeks and the periods of experience are not—

(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 public body in the United Kingdom or the Republic of Ireland acting in the exercise of its function relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the 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 in the Republic of Ireland or, in the case of a student attending an overseas institution as a necessary part of his course, in an overseas institution;

(e) unpaid service with—

(i) a 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 Health 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);

(iv) a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(5).

(5) An eligible student shall be eligible for a grant for living costs under this Part in respect of his attendance at a course during an academic year—

(a) where—

(i) his course becomes a designated course during that year; or

(ii) he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 during that year; or

(b) which begins after the events referred to in paragraph (a) but shall not be eligible for grant for living costs in respect of any other academic year.

(1)

1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)

(2)

Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2

(3)

1978 c. 29; Section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19), section 28 and Schedule 9, paragraph 19(1)

(4)

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

(5)

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)