Education (Student Support) Regulations (Northern Ireland) 2003

Eligible part-time students

28.—(1) Subject to and in accordance with this Part a person shall be eligible for support in connection with his undertaking a designated part-time course if he is a person mentioned in Schedule 1.

(2) A person shall not be eligible under this regulation if –

(a) he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule;

(b) there has been made to him or paid to him in relation to his undertaking the part-time course –

(i) a bursary or award of similar description 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 whether or not the amount of such bursary or award is calculated by reference to his income;

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

(iii) any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 where that part-time course leads to a qualification in a healthcare profession, other than as a medical doctor or dentist, whether or not the amount of such allowance is calculated by reference to his income;

(c) he is in breach of any obligation to repay any loan;

(d) he has not ratified any agreement for a loan made with him when he was under the age of 18; or

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

(3) For the purposes of paragraph (2)(c) and (d) “loan” means a loan made under the Education (Student Loans) (Northern Ireland) Order 1990, the Order and Regulations made thereunder, the Education (Student Loans) Act 1990, the Teaching and Higher Education Act 1998 and Regulations made thereunder or the Education (Scotland) Act 1980 and Regulations made thereunder.

(4) Paragraph (2)(d) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made –

(a) before 25th September 1991, and

(b) with the concurrence of the borrower’s curator, or at a time when he had no curator.

(5) A person shall not be eligible for support for more than one designated part-time course at any one time.

(6) Where a person who meets the requirements of this regulation is notified of that fact by the Department under regulation 32(7) he shall thenceforth be an “eligible part-time student” for the purposes of these Regulations.