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

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Students becoming eligible during the course of an academic yearN.I.

This section has no associated Explanatory Memorandum

83.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

(a)a student may qualify for a college fee loan in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b)a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The relevant events are—

(a)the student, the student’s spouse, the student’s civil partner or the student’s parent is recognised as a refugee [F1or becomes a person granted humanitarian protection] [F2or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F3on the grounds of discretionary leave] ;

(b)a state accedes to the European Community and the student is a national of that state or is the family member (as defined in Part 1 of Schedule 2) of a national of that state;

(c)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national [F4or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member] or would have become a family member of an EC national if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;

[F5(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]

(e)the student becomes the child of a Turkish worker;

(f)the student becomes a person described in paragraph 6(1)(a) of Schedule 2 or would have become such a person if the requirement to be ordinarily resident in Northern Ireland and the requirement to be working or self-employed in Northern Ireland in paragraph 6 of Schedule 2 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

(g)the student becomes the child of a Swiss national [F6;]

[F7(h)the student becomes a person granted section 67 leave [F8;]]

[F9(i)the student becomes a person granted Calais leave;]

[F10(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]

[F11(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]

Textual Amendments

F1Words in reg. 83(2)(a) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(e)

F2Words in reg. 83(2)(a) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(e)

F6Semi-colon in reg. 83(2)(g) substituted (with application in accordance with reg. 1(5) of the amending Rule) for full stop by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 22(a)

F8Word in reg. 83(2)(h) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(e)(i)

Commencement Information

I1Reg. 83 in operation at 17.12.2009, see reg. 1(1)

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