SCHEDULE 1AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) (NORTHERN IRELAND) REGULATIONS 2008

Regulation 3

I11

The Education (Student Support) Regulations (Northern Ireland) 2008 are amended by paragraphs 2 to 12.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 in operation at 27.2.2009, see reg. 1(2)

I22

In regulation 4(5)(b) (Revocation, savings and transitional provisions) omit the word “was”.

Annotations:
Commencement Information
I2

Sch. 1 para. 2 in operation at 27.2.2009, see reg. 1(2)

I33

1

Regulation 5 (Eligible Students) is amended by sub-paragraphs (2) and (3).

2

In paragraph (10)(a)(i) omit the word “or” and insert—

iA

an eligible distance learning student in connection with a designated distance learning course; or

3

In paragraph (10)(b) after “as an eligible part-time student”, insert “, as an eligible distance learning student”.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 in operation at 27.2.2009, see reg. 1(2)

I44

1

Regulation 18 (Availability of fee loans to current system students – general) is amended by sub-paragraphs (2) and (3).

2

In paragraph (9) for “paragraph (7)” substitute “paragraph (8)” and for “paragraph (5)” substitute paragraph (6)”.

3

In paragraph (12) for “paragraph (7)” substitute “paragraph (8)”.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 in operation at 27.2.2009, see reg. 1(2)

I55

In regulation 63(2)(b) (Qualifying conditions for the loan for living costs – current system students) for “in the United Kingdom” substitute “at an institution in Northern Ireland”.

Annotations:
Commencement Information
I5

Sch. 1 para. 5 in operation at 27.2.2009, see reg. 1(2)

I66

In regulation 64(3)(b) (Qualifying conditions for the loan for living costs – old system students) for “in the United Kingdom” substitute “at an institution in Northern Ireland”.

Annotations:
Commencement Information
I6

Sch. 1 para. 6 in operation at 27.2.2009, see reg. 1(2)

I77

1

Regulation 70 (Long courses loan) is amended by sub-paragraphs (2) to (7).

2

For the Chapter Heading above regulation 70 “LONG COURSES LOAN” substitute “ADDITIONAL AMOUNT OF LOAN FOR LIVING COSTS”.

3

For the heading to regulation 70 “Long courses Loan” substitute “Additional amount of loan for living costs”.

4

In paragraph (1) for “a long courses loan” substitute “an additional amount of loan for living costs”.

5

In paragraph (2) for “amount of the long courses loan” substitute “additional amount of loan for living costs”.

6

After paragraph (5) insert—

5A

Where an eligible student attends a course at the University of Ulster for a period not exceeding 6 weeks during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the amounts shall be increased for each week or part week of such attendance—

a

for a student in Category A, by £53; or

b

for a student in Category D, by £81.

7

In paragraph (6) for “amount of long courses loan” substitute “additional amount of loan for living costs”.

Annotations:
Commencement Information
I7

Sch. 1 para. 7 in operation at 27.2.2009, see reg. 1(2)

I88

In regulation 97 (Payment of grants for living and other costs), after paragraph (7) insert—

7A

– (1) Subject to paragraph (7C), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.

7B

Paragraph (7A) does not apply in respect of disabled student’s allowance.

7C

In deciding whether it would be appropriate for support to be due under paragraph (7A) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

Annotations:
Commencement Information
I8

Sch. 1 para. 8 in operation at 27.2.2009, see reg. 1(2)

I99

In regulation 103 (Payment of loans for living costs and additional amount of loan for living costs), after paragraph (8) insert—

8A

Subject to paragraph (8B), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.

8B

In deciding whether it would be appropriate for support to be due under paragraph (8A) the circumstances to which the Department must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

Annotations:
Commencement Information
I9

Sch. 1 para. 9 in operation at 27.2.2009, see reg. 1(2)

I1010

1

Regulation 113 (Amount of support) is amended by sub-paragraphs (2) to (4).

2

In paragraph (1)(a)(i) omit the word “or”.

3

In paragraph (1)(a)(ii) omit the word “or”.

4

In paragraph (1)(a)(iii) after the words “rates relief;” insert—

or

iv

under Part 1 of the Welfare Reform Act (Northern Ireland) 200770 to an income- related employment and support allowance;

Annotations:
Commencement Information
I10

Sch. 1 para. 10 in operation at 27.2.2009, see reg. 1(2)

I1111

1

Regulation 125 (Eligible part-time students) is amended by sub-paragraphs (2) to (4).

2

In paragraph (9)(a)(i) omit the word “or” and insert—

iA

an eligible distance learning student in connection with a designated distance learning course other than the current designated distance learning course; or

3

In paragraph (9)(b) after “as an eligible student”, insert “, as an eligible distance learning student”.

4

In paragraph (12) for “1st September 2008” substitute “1st September 2007”.

Annotations:
Commencement Information
I11

Sch. 1 para. 11 in operation at 27.2.2009, see reg. 1(2)

I1212

1

Regulation 130 (Amount of assistance) is amended by sub-paragraphs (2) to (4).

2

In paragraph (5)(a)(i) omit the word “or”.

3

In paragraph (5)(a)(ii) omit the word “or”.

4

In paragraph 5(a)(iii) after the words “rates relief;” insert—

or

iv

under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income- related employment and support allowance;