The Education (Student Support) Regulations (Northern Ireland) 2006

Prospective

PART 1 N.I. GENERAL

Citation and commencement N.I.

1.  These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 2006 and shall come into operation on 1st September 2006.

Commencement Information

I1 Reg. 1 in operation at 1.9.2006, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“the Order” means the Education (Student Support (Northern Ireland) Order 1998;

“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(1);

“the 2005 Order” means the Higher Education (Northern Ireland) Order 2005(2);

“the 1998 Act” means the Teaching and Higher Education Act 1998(3)

“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998(4);

“the 1999 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1999(5);

“the 2000 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2000(6);

“the 2001 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2001(7);

“the 2002 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2002(8);

“the 2003 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2003(9);

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004(10), the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004(11), the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005(12) and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005(13);

“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005(14) as amended by the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2005(15) and the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2006(16);

“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

“borrower” means a person to whom a loan has been made;

“college fee loan” means a loan pursuant to regulations made by the Department under Article 3 of the Order in respect of the college fees payable by a student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge;

“contribution” means an eligible student’s contribution calculated pursuant to regulation 74 and Schedule 4;

“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“current course” means the designated course in respect of which a person is applying for support;

“Department” means the Department for Employment and Learning;

“designated course” means a course designated by regulation 5 or by the Department under regulation 5;

“designated part-time course” means a course designated by regulation 86 or by the Department under regulation 86;

“designated postgraduate course” means a course designated by regulation 102 or by the Department under regulation 102;

“electronic signature” is so much of anything in electronic form as—

(a)

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

(b)

purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible part-time student” has the meaning given in regulation 85;

“eligible postgraduate student” has the meaning given in regulation 101;

“eligible student” has the meaning given in regulation 4;

“employment-based teacher training scheme” means—

(a)

a scheme established by the Secretary of State for Education and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit; or

(b)

a scheme established by the National Assembly for Wales whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

“end-on course” means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 2 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

(b)

a full-time honours degree course beginning on or after 1st September 2006 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

(c)

a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

“Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS(17) and his course is a course referred to in regulation 5(1)(d) and all the periods of study during the academic year are at an institution outside the United Kingdom;

“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Department under Article 3 of the Order;

“fee loan” means a loan for fees made to a new system student pursuant to regulations made by the Department under Article 3 of the Order;

“fees” has the meaning given in Article 3(1) of the 2005 Order except in the case of college fees;

“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, a fee contribution loan or a fee loan;

“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools(18);

“former Metropolitan Police District” means—

(a)

Greater London, excluding the city of London, the Inner Temple and the Middle Temple;

(b)

in the county of Essex, in the district of Epping Forest—

the area of the former urban district of Chigwell,

the parish of Waltham Abbey;

(c)

in the county of Hertfordshire—

in the borough of Broxbourne, the area of the former urban district of Cheshunt,

the district of Hertsmere,

in the district of Welwyn Hatfield, the parish of Northaw; and

(d)

in the county of Surrey—

in the borough of Elmbridge, the area of the former urban district of Esher,

the boroughs of Epsom and Ewell and Spelthorne,

in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“gap year student” has the meaning given in paragraph (2);

“higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” has the meaning given in Schedule 4;

“Islands” means the Channel Islands and the Isle of Man;

“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” means a loan for living costs pursuant to regulations made by the Department under Article 3 of the Order;

“new system student” means an eligible student who begins the current course on or after 1st September 2006 and who is not an old system student;

“old award” is an award within the meaning of the Education (Students Awards) Regulations (Northern Ireland) 2003(19);

“old system student” means an eligible student who—

(a)

began the current course before 1st September 2006 and who is continuing on that course after 31st August 2006;

(b)

is a gap year student in relation to the current course;

(c)

began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—

(i)

a course that he began before 1st September 2006; or

(ii)

a course that he began before 1st September 2007 and in relation to which he was a gap year student; or

(d)

began the current course on or after 1st September 2006 having had his status as an eligible student transferred to that course as a result of one or more transfers of that status by the Department pursuant to regulations made under Article 3 of the Order from a designated course in connection with which the Department determined him to be an eligible student and which he began—

(i)

before 1st September 2006; or

(ii)

before 1st September 2007 and in relation to which he was a gap year student; or

(e)

began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;

“period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, in regulation 86 in relation to an eligible part-time student and in regulation 102 in relation to an eligible postgraduate student;

“periods of work experience” means—

(a)

periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;

(b)

periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;

“private institution” means an institution which is not maintained or assisted by recurrent grants out of public funds;

“publicly-funded”, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

“quarter” in relation to an academic year means a period in that year—

(a)

beginning on 1st January and ending on 31st March;

(b)

beginning on 1st April and ending on 30th June;

(c)

beginning on 1st July and ending on 31st August; or

(d)

beginning on 1st September and ending on 31st December,

in each case both dates inclusive;

“refugee” means a person who is recognised by His Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(20) as extended by the Protocol thereto which entered into force on 4th October 1967(21);

“relevant institution of higher education in the Republic of Ireland” means an institution listed in Schedule 6;

“Research Council” means any of the following research councils—

(a)

Arts and Humanities Research Council,

(b)

Biotechnology and Biological Sciences Research Council,

(c)

Economic and Social Research Council,

(d)

Engineering and Physical Sciences Research Council,

(e)

Medical Research Council,

(f)

Natural Environment Research Council,

(g)

Particle Physics and Astronomy Research Council;

“sandwich course” has the meaning given in paragraph (6);

“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(22) granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (7);

“statutory award” means any award made, grant paid or other support provided by virtue of the Order or the 1986 Order, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990(23), the Education (Student Loans) Act 1990(24), the Education (Scotland) Act 1980 and regulations made thereunder, the Order and regulations made thereunder and the Teaching and Higher Education Act 1998(25), and regulations made thereunder;

“support” means financial support by way of grant or loan made by the Department pursuant to regulations made by it under Article 3 of the Order;

“transitional award” means an award made under the Education (Students Awards) Regulations (Northern Ireland) 1998, other than an old award;

“type 1 teacher training student” means a new system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and

“type 2 teacher training student” means a new system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which he is applying for support are in aggregate 10 weeks or more.

(2) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if he meets the conditions in paragraph (3) or (5).

(3) The conditions are—

(a) the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and

(b) the first academic year of the current course begins on or after 1st September 2006 but before 1st September 2007.

(4) In paragraph (3), a course (the “original course”) is similar to the current course if—

(a) it appears to the governing body of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.

(5) The conditions are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which begins before 1st September 2006;

(b) he was unable to take up the offer because a specified qualification or grade was not awarded to him;

(c) he appealed against the decision not to award him the qualification or grade;

(d) the appeal was allowed after the last date on which he could have taken up the offer;

(e) as a result, he was offered a place on the current course; and

(f) the first academic year of the current course begins on or after 1st September 2006 but before 1st September 2007.

(6) In these Regulations—

(a) a course is a “sandwich course” if—

(i) it is not a course for the initial training of teachers;

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(7) In these Regulations, the “specified designated course” means the current course subject to paragraphs (8) and (9).

(8) Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department from a course (the “initial course”) in connection with which the Department determined the student to be an eligible student pursuant to regulations made by it under Article 3 of the Order, the specified designated course is the initial course.

(9) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

Commencement Information

I2 Reg. 2 in operation at 1.9.2006, see reg. 1

Revocation, savings and transitional provisions N.I.

3.—(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2006—

(a) the Education (Student Support) Regulations (Northern Ireland) 2005(26); and

(b) the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2005(27);

(c) the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2006(28).

(2) Paragraphs (2) to (4) of regulation 3 of the 2005 Regulations continue to apply.

(3) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2005 but before 1st September 2006.

(4) Regulation 72 applies to loans with effect from 1st September 2006.

(5) These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2006 whether anything done under these Regulations is done before, on or after 1st September 2006.

(6) Despite any other provision in these Regulations where—

(a) a person attends a course in respect of which a transitional award was made to him; or

(b) no award under the 1986 Order was made in respect of the course but a transitional award would have been made to him if he had applied for an award under the 1986 Order and his resources had not exceeded his requirements,

he is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either made or which would have been made under the 1986 Order) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (7) applies he qualifies for support by way of loan for living costs under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions for an old system student in Part 6.

(7) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he begins immediately after ceasing that course, but unless paragraph (6) applies he qualifies for fee support under Chapters 3 and 4 of Part 4 and grants for living and other costs under Part 5 only if he is an eligible student under these Regulations and if he satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.

Commencement Information

I3 Reg. 3 in operation at 1.9.2006, see reg. 1

(1)

1986/594 (N.I. 3)

(2)

S.I. 2005/1116 (N.I. 5)

(3)

1998 c. 30; section 22 was amended by the Learning and Skills Act 2000 (c. 21), section 146 and Schedule 11; the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6; the Finance Act 2003 (c. 14), section 147 and the Higher Education Act 2004 (c. 8), sections 42 and 43 and Schedule 7

(4)

S.R. 1998 No. 298

(5)

S.R. 1999 No. 192, as amended by S.R. 1999 No. 370

(6)

S.R. 2000 No. 213, as amended by S.R. 2000 No. 254 and S.R. 2000 No. 296

(7)

S.R. 2001 No. 277

(8)

S.R. 2002, as amended by S.R. 2003 No. 121

(9)

S.R. 2003 No. 298, as amended by S.R. 2003 No. 239

(10)

S.R. 2004 No. 254

(11)

S.R. 2004 No. 517

(12)

S.R. 2005 No. 298

(13)

S.R. 2005 No. 323

(14)

S.R. 2005 No. 340

(15)

S.R. 2005 No. 445

(16)

S.R. 2006 No. 252

(17)

ERASMUS is part of the European Community action programme SOCRATES; OJ No L28, 3.2.2000, p1.

(18)

This body was originally established under section 1 of the Education Act 1994 (c. 30) as the Teacher Training Agency. By virtue of section 74 of the Education Act 2005 (c. 18), it continues in existence but is known instead as the Training and Development Agency for Schools

(19)

S.R. 2003 No. 459, as amended by S.R. 2004 No. 395

(20)

Cmnd. 9171.

(21)

Cmnd. 3906 (out of print; photocopies are available, free of charge, from the Student Support Division, Department for Education and Skills, Mowden Hall, Staindrop Road, Darlington DL3 9BG).

(22)

1980 c. 44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp6), section 3(2). Sections 73A, 73B, 73C and 73D were inserted by section 29(2) of the Teaching and Higher Education Act 1998. Section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Department were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(23)

S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/1274 (N.I. 1), Article 43 and Schedule 5 Part II, S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6.

(24)

1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4.

(25)

1998 c. 30

(26)

S.R. 2005 No. 340

(27)

S.R. 2005 No. 445

(28)

S.R. 2006 No. 252