The Education (Student Support) Regulations (Northern Ireland) 2005

Eligible students

4.—(1) An eligible student shall qualify for support in connection with a designated course subject to and in accordance with these Regulations.

(2) A person is an eligible student in connection with a designated course if—

(a) the Department has determined in connection with that course that the person is mentioned in Schedule 2; and

(b) the person is not excluded by paragraph (3).

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

(a) an old award has been made to him in respect of his attendance on the course;

(b) he is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;

(c) there has been made to him or paid to him in relation to his attendance on the course—

(i) subject to sub-paragraph (g), a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(1), (other than a bursary paid in respect of attendance on a degree in social work course at an educational institution in Northern Ireland, which the student commenced to attend on or after 1st September 2004), or section 63 of the Health Services and Public Health Act 1968(2) the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(3);

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

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

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

(g) he is, on or after 1st September 2005, commencing a course for a degree in social work at an educational institution in Northern Ireland as a Regional Social Work Degree Trainee under arrangements made by the Department of Health, Social Services and Public Safety under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972.

(4) For the purposes of paragraphs (3)(d) and (e), “loan” means a loan made under the student loans legislation.

(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) shall only apply if the agreement 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.

(6) An eligible student in respect of whom the first academic year of the course begins on or after 1st September 2000 shall not, at any one time, qualify for support for—

(a) more than one designated course;

(b) a designated course and a designated part-time course;

(c) a designated course and a designated postgraduate course.

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

(a) he qualified as an eligible student in connection with an earlier academic year of the present designated course in accordance with regulations made under Article 3 of the Order and that status has not expired or been terminated; or

(b) the Department has previously determined that the person is—

(i) an eligible part-time student in connection with a designated part-time course; or

(ii) an eligible student in connection with a designated course other than the present course

and the student’s status as an eligible part-time student or as an eligible student in connection with that course has been converted or transferred from that course to the present course as a result of one or more conversions or transfers in accordance with regulations made under Article 3 of the Order.

(1)

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

(2)

1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part 1, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), Article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No. 2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4)

(3)

S.I. 1992/580, amended by S.S.I. 2002/2423 and S.S.I. 2003/401