Statutory Rules of Northern Ireland
2009 No. 373
Education
The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009
Made
18th November 2009
Coming into operation-
17th December 2009
PART 1N.I.GENERAL
Citation, commencement and applicationN.I.
1.—(1) These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 and come into operation on 17th December 2009.
(2) These Regulations, except regulation 3 and Schedule 1, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.
Commencement Information
I1Reg. 1 in operation at 17.12.2009, see reg. 1(1)
InterpretationN.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(4);
“the 2005 Order” means the Higher Education (Northern Ireland) Order 2005(5);
“the 1998 Act” means the Teaching and Higher Education Act 1998(6);
“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998(7);
“the 1999 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1999(8);
“the 2000 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2000(9);
“the 2001 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2001(10);
“the 2002 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2002(11);
“the 2003 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2003(12);
“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004(13), the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004(14), the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005(15) and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005(16);
“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005(17);
“the 2006 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006(18);
“the 2007 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2007(19);
“the 2008 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2008(20);
“the 2009 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2009(21);
“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;
[F1“authority-funded” means—
in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department or the Department for Agriculture and Rural Development;
in relation to educational institutions in England, maintained or assisted by recurrent grants from the Higher Education Funding Council for England;
in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Councils for Wales; and
in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council;]
“borrower” means a person to whom a loan has been made;
[F2“college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Department under Article 3 of the Order;
“compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;
“compressed degree student” means an eligible student who—
is undertaking a compressed degree course in the United Kingdom (the “course”);
either—
began the course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or
begins the course on or after 1st September 2010; and
either—
is required to be in attendance on the course for part of the academic year for which the student is applying for support; or
is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability;
“contribution” means an eligible student’s contribution calculated pursuant to regulation 87 and Schedule 5;
“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;
“current distance learning course” means the designated distance learning course in respect of which a person is applying for support;
“current part-time course” means the designated part-time course in respect of which a person is applying for support;
“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;
[F3“current system student” means an eligible student—
who is not an old system student; and
who—
began the current course on or after 1st September 2006 and continued on that course after 31st August 2010;
began the current course on or after 1st September 2010; or
where the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013] [F4or]
[F5where the course mentioned in paragraph (iii) is an end-on course following on from a course that the student began before 1st September 2013 at any such institution;]
“Department” means the Department for Employment and Learning;
“designated course” means a course designated by regulation 6 or by the Department under regulation 6;
“designated distance learning course” means a course designated by the Department under regulation 107;
“designated part-time course” means a course designated by regulation 124 or by the Department under regulation 124;
“designated postgraduate course” means a course designated by regulation 141 or by the Department under regulation 141;
“disabled distance learning students’ allowance” means the grant payable under regulation 112;
“disabled part-time students’ allowance” means the grant payable under regulation 130;
“disabled students’ allowance” means the grant payable under regulation 41;
“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004(22) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;
“EC national” means a national of a Member State of the European Community;
“electronic signature” is so much of anything in electronic form as—
is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
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 distance learning student” has the meaning given in regulation 105;
“eligible part-time student” has the meaning given in regulation 122;
“eligible postgraduate student” has the meaning given in regulation 139;
“eligible student” has the meaning given in paragraph (3);
“employment-based teacher training scheme” means—
a scheme established by the Secretary of State for Business, Innovation 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 or other educational institution except a pupil referral unit; or
a scheme established by the National Assembly for Wales or the Welsh Ministers 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 full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 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 3 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, 2005, 2006, 2007, 2008 or 2009 Regulations;
a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 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, 2005, 2006, 2007, 2008 or 2009 Regulations;
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;
a full-time first degree course beginning on or after 1st September 2009, (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 [F6full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification] .
“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;
[F7“Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS and the student’s course is a course referred to in regulation 6(1)(e) and—
where the course began before 1st September 2012, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be);
where the course began on or after 1 st September 2012 and is provided by an institution in Northern Ireland or Scotland, all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or
where the course began on or after 1 st September 2012 and is provided by an institution in England or Wales—
at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and
either—
in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or
in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks;]
“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 current 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 references to college fees [F8and student contribution charge] ;
“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, a fee contribution loan [F9, a fee loan or a relevant institution charge loan] ;
[F10“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 (5) where the course began—
before 1st September 2010; or
on or after 1st September 2010 but before 1st September 2012 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; or
the Secretary of State for Business, Innovation and Skills, where the course began on or after 1st September 2012 and the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010;]
“former Metropolitan Police District” means—
Greater London, excluding the City of London, the Inner Temple and the Middle Temple;
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;
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
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 (6);
“grant for living and other costs” means a grant payable under Part 5;
“healthcare bursary” means a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(23) or section 63 of the Health Services and Public Health Act 1968(24);
“higher education course” means a course referred to in Schedule 3 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 5;
“information” includes documents;
“Institute” means the University of London Institute in Paris;
“intensive course” means an accelerated course or a compressed degree course;
“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;
“long courses loan” means a long courses loan pursuant to regulation 70;
“old award” is an award within the meaning of the Students Awards Regulations (Northern Ireland) 2003(25);
“old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;
“old system student” means an eligible student who—
began the current course before 1st September 2006 [F11but before 1st September 2013] and is continuing on that course after 31st August 2010;
began the current course at the College of Agriculture, Food and Rural Enterprise(26) before 1st September 2007 and who is continuing on that course after 31st August 2010;
is a gap year student in relation to the current course;
began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;
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—
a course that the student began before 1st September 2006; or
a course that the student began before 1st September 2007 and in relation to which the student was a gap year student; or
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 by the Department under Article 3 of the Order from a designated course in connection with which the Department determined the student to be an eligible student and which the student began—
before 1st September 2006; or
before 1st September 2007 and in relation to which the student was a gap year student;
“ordinary duration” means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are F12... [F13but does not include an academic year that is—
a bursary year;
an Erasmus year of a course provided by an institution in Northern Ireland or Scotland; or
an Erasmus year of a course provided by an institution in England or Wales where the course began before 1st September 2012;]
“period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 108 in relation to an eligible distance learning student, in regulation 125 in relation to an eligible part-time student and in regulation 142 in relation to an eligible postgraduate student;
“periods of work experience” means—
periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;
periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s 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);
“person with leave to enter or remain” means a person—
who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;
who has been granted leave to enter or remain accordingly;
whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(27)); and
who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted leave to enter or remain;
[F14“preliminary course” means a course [F15or courses] mentioned in paragraph 2, 3 or 4 of Schedule 3, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;]
“previous course” has the meaning given in regulation 13;
“previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations;
“private institution” means an institution which is not publicly funded;
“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;
“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—
leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; or
any academic year of which is a bursary year;
“qualifying student” means a person who satisfies the criteria in regulation 80;
“qualifying year of study” means an academic year of a designated course—
in respect of which the student qualified for fee support (even if the amount was nil);
that was a bursary year; or
in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;
“quarter” in relation to an academic year means a period in that year—
beginning on 1st January and ending on 31st March;
beginning on 1st April and ending on 30th June;
beginning on 1st July and ending on 31st August; or
beginning on 1st September and ending on 31st December;
“refugee” means a person who is recognised by Her 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(28) as extended by the Protocol thereto which entered into force on 4th October 1967(29);
[F16“relevant institution charge loan” means a loan for student contribution charge pursuant to regulations made by the Department under Article 3 of the Order;]
“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—
Arts and Humanities Research Council,
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council,
Science and Technology Facilities Council;
“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;
“sandwich course” has the meaning given in paragraph (10);
“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980(30) 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 (11);
“standard academic year”, unless otherwise indicated, means an academic year of a designated course F17... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student [F18but does not include an academic year that is—
a bursary year;
an Erasmus year of a course provided by an institution in Northern Ireland or Scotland; or
an Erasmus year of a course provided by an institution in England or Wales where the course began before 1st September 2012;]
“standard student” is a student who is to be taken—
to have begun the designated course on the same date as the eligible student in question;
not to be excused any part of the course;
not to repeat any part of the course; and
not to be absent from the course other than during vacations;
“statutory award” means any award bestowed, 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;
[F19“student contribution charge” means the charge payable by students at a relevant institution of higher education in the Republic of Ireland;]
“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990(31), the Education (Student Loans) Act 1990(32), the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Order and regulations made thereunder or the 1998 Act and regulations made thereunder;
“support” means financial support by way of grant or loan made by the Department pursuant to regulations made by the Department under Article 3 of the Order;
“transitional award” means an award made under the Students Awards Regulations (Northern Ireland) 1998(33) other than an old award;
“Turkish worker” means a Turkish national who—
is ordinarily resident in the United Kingdom and Islands; and
is, or has been, lawfully employed in the United Kingdom;
“type 1 teacher training student” means a current 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 the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;
“type 2 teacher training student” means a current 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 the student is applying for support are in aggregate 10 weeks or more; and
“type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;
(2) The Department may determine that a course is a compressed degree course if, in its opinion that course is—
(a)a course for a first degree (other than a foundation degree);
(b)a full-time course designated under regulation 6(1); and
(c)of two academic years’ duration.
(3) Subject to paragraph (4), “eligible student” has the meaning given in regulation 5.
(4) For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9 and Schedule 4 include a person treated as an eligible student by virtue of regulation 81.
(5) The Department may determine that a qualification is an equivalent or lower qualification if—
(a)an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and
(b)the qualification referred to in sub-paragraph (a) [F20is an honours degree from an institution in the United Kingdom or] is of an academic level which is equivalent to or higher than a qualification to which the current course leads.
(6) 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 the person meets the conditions in paragraph (7) or (9).
(7) 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 began on or after 1st September 2006 but before 1st September 2007.
(8) In paragraph (7), a course (the “original course”) is similar to the current course if—
(a)it appears to the academic authority 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.
(9) 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 began before 1st September 2006;
(b)the person was unable to take up the offer because a specified qualification or grade was not awarded to them;
(c)the person appealed against the decision not to award them the qualification or grade;
(d)the appeal was allowed after the last date on which they could have taken up the offer;
(e)as a result, the person was offered a place on the current course; and
(f)the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.
(10) In these Regulations—
(a)a course is a “sandwich course” if—
(i)it is not a course for the initial training of teachers [F21or an academic year of a designated course that is an Erasmus year] ;
(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.
(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).
(12) 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 the Department under Article 3 of the Order, the specified designated course is the initial course.
(13) 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.]
Textual Amendments
F1Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(a)
F2Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 3
F3Words in reg. 2(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(a)
F4Word in reg. 2(1) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(b)
F5Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(b)
F6Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 4
F7Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(c)
F8Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(b)
F9Words in reg. 2(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(c)
F10Words in reg. 2(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 3
F11Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(d)
F12Words in reg. 2(1) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(d)(i)
F13Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(d)(ii)
F14Reg. 2(1) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 6
F15Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(e)
F16Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(e)
F17Words in reg. 2(1) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(f)(i)
F18Words in reg. 2(1) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 3(f)(ii)
F19Words in reg. 2(1) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 3(f)
F20Reg. 2(5)(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 7
F21Reg. 2(10)(a)(i) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 8
Commencement Information
I2Reg. 2 in operation at 17.12.2009, see reg. 1(1)
Amendment of the 2009 RegulationsN.I.
3. The 2009 Regulations are amended in accordance with Schedule 1.
Commencement Information
I3Reg. 3 in operation at 17.12.2009, see reg. 1(1)
Revocation, savings and transitional provisionsN.I.
4.—(1) Subject to paragraphs (2) and (3), the 2009 Regulations are revoked on 1st September 2010.
(2) Paragraph (3) of regulation 4 of the 2009 Regulations continues to apply.
(3) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 but before 1st September 2010.
(4) Despite any other provision in these Regulations where a person—
(a)attends a course in respect of which a transitional award was made to that person; or
(b)had received no award under the 1986 Order in respect of the course but a transitional award would have been made had the person applied for an award under the 1986 Order and the person’s resources had not exceeded the person’s requirements,
the person 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 (5) applies the person qualifies for support by way of loan for living costs under Part 6 only if the person is an eligible student under these Regulations and if the person satisfies the qualifying conditions for an old system student in Part 6.
(5) 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 the person 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) the person begins immediately after ceasing that course, but unless paragraph (4) applies the person qualifies for fee support under Chapters 4 and 5 of Part 4 and grants for living and other costs under Part 5 only if the person is an eligible student under these Regulations and if the person satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.
Commencement Information
I4Reg. 4 in operation at 17.12.2009, see reg. 1(1)
PART 2N.I.ELIGIBILITY
Eligible studentsN.I.
5.—(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.
(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”) is not an eligible student if—
(a)an old award has been made to A in respect of A’s attendance on the course;
(b)A 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)[F22A is eligible to apply for] in connection with the course—
(i)a healthcare bursary the amount of which is not calculated by reference to A’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(34);
(d)A is in breach of any obligation to repay any loan;
(e)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18;
(f)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(g)A has, on or after 1st September 2005, commenced 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.
[F23(h)A has been awarded a grant or award of similar description by an awarding authority in another Member State in respect of his attendance on a course at a relevant institution of higher education in the Republic of Ireland which he begins on or after 1st September 2013.]
(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation.
(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies 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 the borrower had no curator.
(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—
(a)more than one designated course;
(b)a designated course and a designated distance learning course;
(c)a designated course and a designated part-time course;
(d)a designated course and a designated postgraduate course.
(7) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10)—
(a)paragraphs (2) and (3) do not apply to that person and
(b)that person is an eligible student for the purposes of these Regulations.
(8) The conditions are—
(a)the person qualified as an eligible student in connection with an earlier academic year of the current course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible student has not terminated.
(9) The conditions are—
(a)the current 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 regulation 2) which the person begins on or after 1st September 2006;
(b)the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course; and
(c)the period of eligibility in respect of the course referred to in sub-paragraph (b) ceased only on the grounds that the student had completed the course.
(10) The conditions are—
(a)the Department has previously determined that the person is—
(i)an eligible part-time student in connection with a designated part-time course;
(ii)an eligible distance learning student in connection with a designated distance learning course; or
(iii)an eligible student in connection with a designated course other than the current course;
(b)the person’s status as an eligible part-time student, as an eligible distance learning student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible student has not terminated.
(11) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was—
(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(12) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was—
(i)an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or
(ii)a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Paragraphs (11) and (12) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student, an eligible student or a qualifying student, as the case may be, before 1st September 2007.
Textual Amendments
F22Reg. 5(3)(c) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 9
F23Reg. 5(3)(h) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 4
Commencement Information
I5Reg. 5 in operation at 17.12.2009, see reg. 1(1)
Designated coursesN.I.
6.—(1) Subject to paragraphs (2), (3), (4) and (5), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—
(a)mentioned in Schedule 3;
(b)one of the following—
(i)a full-time course;
(ii)a sandwich course; or
(iii)a course for the initial training of teachers;
(c)not a designated distance learning course;
(d)of at least—
(i)one academic year’s duration; or
(ii)six weeks’ duration in the case of a flexible postgraduate course for the initial training of teachers; and
[F24(e)either—
(i)wholly provided by an authority-funded educational institution;
(ii)provided by a publicly funded institution in the United Kingdom or by a relevant institution of higher education in the Republic of Ireland on behalf of an authority-funded educational institution; or
(iii)provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom or Republic of Ireland; and;]
(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated course.
(4) A first degree course is not a designated course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
(5) Paragraph (1)(c) does not apply where the person applying for support in connection with the course is—
(a)a disabled student; and
(b)undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to that person’s disability.
(6) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F25authority-funded] if either the university or the constituent college or institution is [F25authority-funded]; F26...
(c)an institution is not to be regarded as publicly funded [F27or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(35) [F28; and]
[F29(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]
(7) Subject to paragraph (4), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—
(a)the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and
(b)part of the course is optional.
(8) Paragraph (7) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.
(9) For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1).
Textual Amendments
F24Reg. 6(1)(e) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(a)
F25Words in reg. 6(6)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(i)
F26Word in reg. 6(6)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(ii)
F27Words in reg. 6(6)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(iii)
F28Word in reg. 6(6)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(iv)
F29Reg. 6(6)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 4(b)(v)
Commencement Information
I6Reg. 6 in operation at 17.12.2009, see reg. 1(1)
Period of eligibilityN.I.
7.—(1) A student’s status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 5.
(2) The period for which an eligible student retains that status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.
(4) The period of eligibility terminates when the eligible student (“A”)—
(a)withdraws from A’s designated course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status as an eligible student under regulation 8, 117 or 135; or
(b)abandons or is expelled from A’s designated course.
(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.
(6) If the Department is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under Chapter 5 of Part 9.
(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Department may, at any time, renew the period of eligibility for such period as it determines.
Commencement Information
I7Reg. 7 in operation at 17.12.2009, see reg. 1(1)
Transfer of statusN.I.
8.—(1) Where an eligible student “A” transfers to another course, the Department must transfer A’s status as an eligible student to that course where—
(a)the Department receives a request from the eligible student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)on the recommendation of the academic authority A ceases one course and starts to—
(i)attend another designated course at the institution;
(ii)undertake another compressed degree course at the institution; or
(iii)undertake a compressed degree course at the institution;
(b)A starts to—
(i)attend a designated course at another institution; or
(ii)undertake a compressed degree course with another institution;
(c)after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;
(d)after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or
(e)after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Department in respect of the academic year of the course from which A transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) Where A transfers under paragraph (1) after the Department has assessed A’s support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided.
Commencement Information
I8Reg. 8 in operation at 17.12.2009, see reg. 1(1)
PART 3N.I.APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS
Applications for supportN.I.
9.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.
(2) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.
(3) The Department must notify the applicant of whether the applicant qualifies for support and, if so, the amount of support payable in respect of the academic year, if any.
Commencement Information
I9Reg. 9 in operation at 17.12.2009, see reg. 1(1)
Time limitsN.I.
10.—(1) The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year in respect of which it is submitted.
(2) The general rule does not apply where—
(a)one of the events listed in regulation 18 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department no later than the end of the ninth month beginning with the day on which the relevant event occurred;
[F30(b)the applicant is making a separate application for a fee loan, a relevant institution charge loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of relevant institution charge loan under regulation 25A(4) or (10), an additional amount of fee contribution loan under regulation 36(5), an additional amount of loan for living costs under regulation 77(3) or an additional amount of college fee loan under regulation 85(2) in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;]
(c)the applicant is applying to borrow an additional amount of fee contribution loan under regulation 36(3), an additional amount of loan for living costs or an additional amount of long courses loan under regulation 77(1), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;
(d)the applicant is applying for the disabled students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(e)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F30Reg. 10(2)(b) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 5
Commencement Information
I10Reg. 10 in operation at 17.12.2009, see reg. 1(1)
InformationN.I.
11. Schedule 4 deals with the provision of information.
Commencement Information
I11Reg. 11 in operation at 17.12.2009, see reg. 1(1)
Requirement to enter into a contract for a loanN.I.
12. To receive a loan a student must enter into a contract with the Department.
Commencement Information
I12Reg. 12 in operation at 17.12.2009, see reg. 1(1)
PART 4N.I.FEE SUPPORT
CHAPTER 1N.I.GENERAL
Previous courseN.I.
13.—(1) Subject to the exceptions in paragraphs (4), (5) and (6), a “previous course” is—
(a)where the current course began before 1st September 2009, any full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course and which meets any of the conditions in paragraph (2).
(b)where the current course begins on or after 1st September 2009—
(i)a lower level qualification achieved following a full-time or part-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course;
(ii)a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended, or in the case of a compressed degree course or a designated distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3); or
(iii)a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course where—
(aa)the course meets any of the conditions in paragraph (2); and
(bb)the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.
(2) The conditions are—
(a)the course was provided by an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the student attended or undertook the course; or
(b)the course was provided by an institution in the Republic of Ireland and the student was funded under previous regulations for some or all of the academic years during which the student attended or undertook the course; or
(c)any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(3) The conditions are—
(a)the course was provided at a publicly funded institution whether or not in the United Kingdom for some or all of the academic years during which the student attended or undertook the course; or
(b)any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.
(4) A course which would otherwise be a previous course will not be treated as such if—
(a)the current course is a course for the initial training of teachers;
(b)the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the student is not a qualified teacher.
(5) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—
(a)the current course is a course for the degree (including an honours degree) of Bachelor of Education; and
(b)the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.
(6) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—
(a)the current course is a course for the honours degree of Bachelor of Education; and
(b)the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.
(7) Subject to paragraphs (8), (9) and (10), for the purpose of determining PC in the formulae in regulations 23 and 30—
(a)each academic year that the student completed on a previous course is counted; and
(b)an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.
(8) For the purpose of determining PC in the formulae in regulations 23 and 30, where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—
(a)the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and
(b)the student qualified for fee support for some but not all of the other academic years of that previous course.
(9) For the purpose of determining PC in the formulae in regulations 23 and 30, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because the student had failed to complete a previous course for compelling personal reasons.
(10) For the purpose of determining PC in the formulae in regulations 23 and 30, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Department considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.
(11) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A’s disability is only treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.
Commencement Information
I13Reg. 13 in operation at 17.12.2009, see reg. 1(1)
MiscellaneousN.I.
14.—(1) Where paragraph (2) applies, an eligible student is not prevented from qualifying for fee support under this Part because—
(a)the student has an honours degree from an institution in the United Kingdom or the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current course before 1st September 2009; or
(b)the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(2) This paragraph applies where—
(a)the current course is a course for the initial training of teachers;
(b)the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and
(c)the student is not a qualified teacher.
(3) Where paragraph (4) applies, an eligible student is not prevented from qualifying for fee support under this Part because the current course leads to an equivalent or lower qualification, where the student begins the current course on or after 1st September 2009.
(4) This paragraph applies where the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.
(5) Where the current course is considered to be a single course because of regulation 6(7) and (8) and it leads to a honours degree from an institution in the United Kingdom or relevant institution of higher education in the Republic of Ireland being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.
F31(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.
Textual Amendments
F31Reg. 14(6) repealed (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 3
Commencement Information
I14Reg. 14 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 2N.I.TYPES OF FEE SUPPORT AVAILABLE
Current system studentsN.I.
15. A current system student (“A”) qualifies for a fee loan in respect of the fees [F32or relevant institution charge loan in respect of student contribution charge] payable by A in connection with A’s attendance on a designated course in accordance with Chapter 3 of this Part.
Textual Amendments
F32Words in reg. 15 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 6
Commencement Information
I15Reg. 15 in operation at 17.12.2009, see reg. 1(1)
Old system studentsN.I.
16.—(1) An old system student (“A”) qualifies for a grant for fees in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 4 of this Part.
(2) A qualifies for a fee contribution loan in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 5 of this Part.
Commencement Information
I16Reg. 16 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible in the course of an academic yearN.I.
17. Where one of the events listed in regulation 18 occurs in the course of an academic year—
(a)a student may qualify for fee support 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)fee support is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
Commencement Information
I17Reg. 17 in operation at 17.12.2009, see reg. 1(1)
EventsN.I.
18. The events are—
(a)the student’s course becomes a designated course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person with leave to enter or remain;
(c)a state accedes to the European Community where the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
(e)the student acquires the right of permanent residence;
(f)the student becomes the child of a Turkish worker;
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
(h)the student becomes the child of a Swiss national.
Commencement Information
I18Reg. 18 in operation at 17.12.2009, see reg. 1(1)
Students to be treated as in attendance on a courseN.I.
19.—(1) A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for fee support.
(2) This regulation applies to—
(a)a compressed degree student; or
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Commencement Information
I19Reg. 19 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 3N.I.FEE LOANS FOR CURRENT SYSTEM STUDENTS
Availability of fee loans to current system students - generalN.I.
20.—(1) A current system student does not qualify for a fee loan [F33or relevant institution charge loan] in respect of a designated course if—
(a)the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(1) to (4) do not apply and the student begins the course on or after 1st September 2009;
(b)the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(1), (2) or (5) do not apply;
(c)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(d)the designated course is an old flexible postgraduate course for the initial training of teachers.
(2) Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(3) A current system student does not qualify for a fee loan [F33or relevant institution charge loan] in respect of—
(a)an academic year of a designated course that is [F34—
(i)a bursary year;
(ii)an Erasmus year of a course provided by an institution in Northern Ireland or Scotland; or
(iii)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1st September 2012;] or
(b)a year for which he is in receipt of funding from the Department to participate in a management development programme known as [F35Study USA].
(4) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(5) The standard entitlement is calculated in accordance with regulation 21, 22, 23 or 24.
(6) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan [F33or relevant institution charge loan] from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan [F33or student contribution charge] has been allocated to each standard academic year of the course.
(7) A current system student qualifies for a fee loan [F33or relevant institution charge loan] in respect of a standard academic year of the designated course if the Department allocates a fee loan [F33or relevant institution charge loan] to that year when assessing the application for support for that year.
[F36(8) In addition to the standard entitlement, a current system student who falls within regulation 23 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—
(a)a bursary year;
(b)an Erasmus year of a course provided by an institution in Northern Ireland or Scotland; or
(c)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1st September 2012;]
[F37(8A) In addition to the standard entitlement, a current system student to whom regulation 24(2) applies qualifies for a fee loan or relevant institution charge loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland or Scotland where—
(a)the current course begins on or after 1st September 2014; and
(b)the preliminary course was a part-time course.]
(9) Where a current system student qualifies for a fee loan [F33or relevant institution charge loan] under paragraph (8), the Department must not allocate a fee loan [F33or relevant institution charge loan] under paragraph (6) to the first academic year that the student takes of the designated course that is not [F38—
(a)a bursary year;
(b)an Erasmus year of a course provided by an institution in Northern Ireland or Scotland; or
(c)an Erasmus year of a course provided by an institution in England or Wales where the course began before 1st September 2012;].
[F39(9A) Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8A), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland or Scotland.]
(10) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan [F33and student contribution charge] in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.
(11) A current system student qualifies for a fee loan [F33and student contribution charge] in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—
(a)the academic year which the student is repeating was a qualifying year of study;
(b)the academic year of repeat study is not a bursary year; and
(c)when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.
(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan [F33or relevant institution charge loan] under paragraph (8) [F40(or 8A)]).
(13) The amount of the fee loan F41... in respect of an academic year is determined in accordance with regulation 25 and may be nil.
[F42(14) The amount of the relevant institution charge loan in respect of an academic year is determined in accordance with regulation 25A and may be nil.]
Textual Amendments
F33Words in reg. 20 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 7
F34Words in reg. 20(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(a)
F35Words in reg. 20(3)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(b)
F36Reg. 20(8) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(c)
F37Reg. 20(8A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(a)
F38Words in reg. 20(9) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(d)
F39Reg. 20(9A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(b)
F40Words in reg. 20(12) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(c)
F41Words in reg. 20(13) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/97), regs. 1(1), 3(d)
F42Reg. 20(14) added (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 5(e)
Commencement Information
I20Reg. 20 in operation at 17.12.2009, see reg. 1(1)
Standard entitlement of current system students who have not studied on a previous courseN.I.
21. Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course.
Commencement Information
I21Reg. 21 in operation at 17.12.2009, see reg. 1(1)
Standard entitlement – course leading to degree in social workN.I.
22.—(1) Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(2) Paragraph (1) also applies where—
(a)the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or
(b)the student has studied on a previous course other than a course mentioned in sub-paragraph (a).
(3) Where this regulation applies, regulations 23 and 24 do not apply.
Commencement Information
I22Reg. 22 in operation at 17.12.2009, see reg. 1(1)
Standard entitlement of current system students who have transferred from or otherwise studied on a previous courseN.I.
23.—(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course
PC is the number of academic years that the student has spent on previous courses.
(2) For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose 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 pursuant to regulations made by the Department under Article 3 of the Order from a designated course which—
(a)is a previous course; and
(b)the student began on or after 1st September 2006.
Commencement Information
I23Reg. 23 in operation at 17.12.2009, see reg. 1(1)
Standard entitlement of current system students on end-on courses and certain degree coursesN.I.
24.—(1) Where the current course began before 1st September 2009, this regulation applies to—
(a)a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;
(b)a current system student who—
(i)has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3;
(ii)is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;
(c)a current system student who—
(i)has completed a full-time foundation degree course;
(ii)is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.
(2) Where the current course begins on or after 1st September 2009, this regulation applies to—
(a)a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;
(b)a current system student who—
[F43(i)has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;]
(ii)is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and
(iii)has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.
(3) Regulations 21, 22 and 23 do not apply to students to whom this regulation applies.
(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course
X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
(5) The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course
X is—
1where the ordinary duration of the preliminary course was less than three years,
2where the ordinary duration of the preliminary course was three years,
3where the ordinary duration of the preliminary course was four years,
4where the ordinary duration of the preliminary course was five years, and
5where the ordinary duration of the preliminary course was six years
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
Textual Amendments
F43Reg. 24(2)(b)(i) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 10
Commencement Information
I24Reg. 24 in operation at 17.12.2009, see reg. 1(1)
Amount of the fee loanN.I.
25.—(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course [F44provided by or on behalf of a publicly funded institution] must not exceed the lesser of—
(a)[F45£9,000]; and
(b)the fees payable by the student in connection with that year.
(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course [F46provided by or on behalf of a publicly funded institution] must not exceed the lesser of—
(a)[F47£4,500]; and
(b)the fees payable by the student in connection with that year.
[F48(2A) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course provided by a private institution (other than on behalf of a publicly funded institution) must not exceed the lesser of—
(a)[F49£3,805]; and
(b)the fees payable by the student in connection with that year.
(2B) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course provided by a private institution (other than on behalf of a publicly funded institution) must not exceed the lesser of—
(a)[F50£1,895]; and
(b)the fees payable by the student in connection with that year.]
(3) The cases are—
(a)the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;
(b)in respect of a sandwich course, an academic year—
(i)during which any periods of full-time study are in aggregate less than 10 weeks; or
(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
(c)in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;
(d)in respect of a course provided in conjunction with an overseas institution, an academic year—
(i)during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or
(ii)if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks.
(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.
(5) The circumstances are—
(a)the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees [F51or student contribution charge] payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for [F52a fee loan or] another fee loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan [F53or relevant institution charge loan] the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—
[F54(a)the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and]
(b)the fees payable by the student in respect of the academic year to which the student is transferring.
(9) Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—
[F55(a)the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and]
(b)the fees payable by the student in connection with that year.
(10) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.
Textual Amendments
F44Words in reg. 25(1) inserted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(2)
F45Word in reg. 25(1)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F46Words in reg. 25(2) inserted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(3)
F47Word in reg. 25(2)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F48Reg. 25(2A)(2B) inserted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(4)
F49Sum in reg. 25(2A)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
F50Sum in reg. 25(2B)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
F51Words in reg. 25(5)(a) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(a)
F52Words in reg. 25(6) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(b)
F53Words in reg. 25(8) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 8(c)
F54Reg. 25(8)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(5)
F55Reg. 25(9)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 4(6)
Commencement Information
I25Reg. 25 in operation at 17.12.2009, see reg. 1(1)
[F56Amount of relevant institution charge loanN.I.
25A.—(1) The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year.
(2) Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.
(3) The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs(5) for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan.
(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers.
(5) The circumstances are—
(a)the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and
(b)the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.
(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers.
(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.
(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring.
(9) Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year.
(10) Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.]
Textual Amendments
F56Reg. 25A inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 9
CHAPTER 4N.I.GRANTS FOR FEES FOR OLD SYSTEM STUDENTS
Old system students who are continuing studentsN.I.
26.—(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2010, or began a designated course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland and is continuing on that course after 31st August 2010 (in either case a “continuing student”).
(2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2010 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of the designated course.
(3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.
(4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of the designated course, the Department must determine the “standard entitlement”.
(6) The standard entitlement is calculated as follows—
where
SAY is the number of standard academic years of the designated course that begin after 31st August 2006,
X is the number of academic years of the designated course that begin after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006.
(7) When assessing an application for support in respect of an academic year of the designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I26Reg. 26 in operation at 17.12.2009, see reg. 1(1)
Old system students who are transferring studentsN.I.
27.—(1) Subject to paragraph (2), this regulation applies to an old system student who—
(a)began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or
(b)begins a designated course on or after 1st September 2010,
and whose status as an eligible student has been transferred to the course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course that the student began before 1st September 2006 (a “transferring student”).
(2) This regulation does not apply where an eligible student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.
(3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.
(4) In this regulation, the “relevant course” is the designated course that the student was taking as at 31st August 2006.
(5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.
(6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(7) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—
where
RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,
X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006.
(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—
where
RAY is the number of standard academic years of the relevant course that remain after 31st August 2006,
X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006,
SS is the number of academic years of study that the student has taken from and including 1st September 2006 in respect of which the student qualified for fee support (excluding any years of repeat study for compelling personal reasons) or which were bursary years or Erasmus years.
(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—
where
OD is the number of academic years that make up the ordinary duration of the designated course.
(11) The courses are—
(a)a course for the degree (including an honours degree) of Bachelor of Education where the student has transferred to that course from a course for the Certificate in Education on or before the completion of the latter course;
(b)a course for the honours degree of Bachelor of Education where the student has transferred to that course from a course for the degree (other than an honours degree) of Bachelor of Education on or before the completion of the latter course.
(12) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I27Reg. 27 in operation at 17.12.2009, see reg. 1(1)
Old system students who are on end-on coursesN.I.
28.—(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 26.
(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 26.
(3) Paragraphs (4) to (12) apply to—
(a)an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student—
(i)began on or after 1st September 2006 and is continuing on after 31st August 2010; or
(ii)begins on or after 1st September 2010;
(b)an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.
(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply.
(5) Notwithstanding paragraph (4)(a) and (b) an old system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(6) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.
(7) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Department must determine the “standard entitlement”.
(8) Subject to paragraph (9), the standard entitlement is calculated as follows—
where
D is the greater of 3 and the number of academic years that make up the ordinary duration of the course,
X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years,
PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.
(9) The standard entitlement of an old system student to whom paragraph (3)(a) applies whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(10) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(11) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(12) The amount of the grant for fees in respect of an academic year of a course to which this paragraph applies is determined in accordance with regulation 32, 33 or 34 and may be nil.
Commencement Information
I28Reg. 28 in operation at 17.12.2009, see reg. 1(1)
Old system students who are gap year students who have not studied on a previous courseN.I.
29.—(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.
(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(c)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) Notwithstanding paragraph (2)(a) and (b) an old system student to whom this regulation applies qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(4) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(6) The standard entitlement is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course.
(7) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(8) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32 or 33 and may be nil.
Commencement Information
I29Reg. 29 in operation at 17.12.2009, see reg. 1(1)
Old system students who are gap year students who have studied on a previous courseN.I.
30.—(1) This regulation applies where—
(a)an old system student is a gap year student who has studied on a previous course;
(b)an old system student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.
(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—
(a)the student has an honours degree from an institution in the United Kingdom and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(b)the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or
(c)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) Notwithstanding paragraph (2)(a) and (b) an old system student to whom this regulation applies qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.
(4) An old system student to whom this regulation applies does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.
(5) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.
(6) Subject to paragraph (7), the standard entitlement is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the course,
PC is the number of academic years that the student has spent on previous courses.
(7) The standard entitlement of an old system student whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—
where
OD is the number of academic years that make up the ordinary duration of the current course.
(8) When assessing an application for support in connection with an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.
(9) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.
(10) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year if the student failed to complete the most recent previous course because of compelling personal reasons.
(11) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (10), the Department must not allocate a grant for fees under paragraph (8) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.
(12) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32 or 33 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 32, 33 or 34 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.
Commencement Information
I30Reg. 30 in operation at 17.12.2009, see reg. 1(1)
Availability of the grant for fees to old system students for years of repeat studyN.I.
31.—(1) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, an old system student qualifies for a grant for fees in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.
(2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—
(a)the academic year which the student is repeating was a qualifying year of study;
(b)the academic year of repeat study is not a bursary year; and
(c)when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken (after 31st August 2006) on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.
(3) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 30(10)).
Commencement Information
I31Reg. 31 in operation at 17.12.2009, see reg. 1(1)
Amount of the grant for fees for a course at a publicly funded institution or a relevant institution of higher education in the Republic of IrelandN.I.
32.—(1) Unless one of the cases set out in regulation 25(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly funded institution is the lesser of—
(a)[F57£1,510]; and
(b)the fees payable by the student in connection with that year.
(2) In the cases set out in regulation 25(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—
(a)[F58£740]; and
(b)the fees payable by the student in connection with that year.
(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 89.
(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.
(5) In the case of a designated course at Heythrop College, the amount of grant for fees in respect of an academic year is the lesser of—
(a)[F59£2,465] ; and
(b)the fees payable by the student in connection with that year.
(6) In the case of a designated course at Guildhall School of Music and Drama, the amount of grant for fees in respect of an academic year is the lesser of—
(a)[F60£5,030] ; and
(b)the fees payable by the student in connection with that year.
(7) In the case of a course in respect of an academic year at a relevant institution of higher education in the Republic of Ireland, the amount of grant is an amount specified by the Department in writing.
Textual Amendments
F57Sum in reg. 32(1)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
F58Sum in reg. 32(2)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
F59Word in reg. 32(5)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F60Word in reg. 32(6)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
Commencement Information
I32Reg. 32 in operation at 17.12.2009, see reg. 1(1)
Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institutionN.I.
33.—(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of [F61£1,510] and the fees payable by the student in connection with that year if—
(a)the designated course began on or after 1st September 2001;
(b)the designated course is provided on behalf of a publicly funded institution; and
(c)none of the cases in regulation 25(3) applies.
(2) The amount of the grant for fees in respect of an academic year at a private institution is the lesser of [F62£740] and the fees payable by the student in connection with that year if—
(a)the designated course began on or after 1st September 2001;
(b)the designated course is provided on behalf of a publicly funded institution; and
(c)one or more of the cases in regulation 25(3) applies.
(3) Where a contribution exceeding nil is calculated under Schedule 5, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 89.
Textual Amendments
F61Sum in reg. 33(1) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
F62Sum in reg. 33(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
Commencement Information
I33Reg. 33 in operation at 17.12.2009, see reg. 1(1)
Amount of the grant for fees for a course at a private institutionN.I.
34.—(1) Subject to paragraph (2), the amount of the grant for fees in respect of an academic year of a designated course at a private institution where regulation 33 does not apply including courses or academic years for the degrees of Bachelor of Divinity, Bachelor of Theology, Bachelor of Arts (Joint Honours) or the Diploma in Theology of the Queen’s University of Belfast, undertaken at the Union Theological College, the Edgehill College, the Irish Baptist College, Belfast or the Belfast Bible College is the lesser of—
(a)[F63£1,285] ; and
(b)the fees payable by the student in connection with that year.
(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is [F64£3,275] .
Textual Amendments
F63Word in reg. 34(1)(a) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
F64Word in reg. 34(2) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), reg. 1, Sch.
Commencement Information
I34Reg. 34 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 5N.I.FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS
Availability of fee contribution loans to old system studentsN.I.
35. An old system student, other than a student undertaking a course at a relevant institution of higher education in the Republic of Ireland, or whose course is a course leading to a degree in social work at an educational institution in Northern Ireland qualifies for a fee contribution loan in respect of an academic year of a designated course if—
(a)the student qualifies for a grant for fees in respect of that year or would have qualified if the student had applied for the grant (even if the amount is or would have been nil); and
(b)the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.
Commencement Information
I35Reg. 35 in operation at 17.12.2009, see reg. 1(1)
Amount of the fee contribution loanN.I.
36.—(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 32 or 33 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 89.
(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—
(a)[F65£1,510] or, if any of the cases set out in regulation 25(3) apply, [F65£740]; and
(b)the fees payable by the student in connection with the academic year.
(3) An old system student may apply to borrow an additional amount of fee contribution loan where—
(a)the Department determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and
(b)the Department considers that the increase in the maximum amount does not result from the old system student—
(i)failing to provide information promptly which might affect the student’s ability to qualify for a grant for fees or fee contribution loan or the amount of grant for fees or fee contribution loan for which the student qualifies; or
(ii)providing information which is inaccurate in any material particular.
(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(5) Where an old system student (“A”) has applied for a fee contribution loan of less than the maximum amount to which A is entitled, A may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in A’s case.
Textual Amendments
F65Sum in reg. 36(2)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
Commencement Information
I36Reg. 36 in operation at 17.12.2009, see reg. 1(1)
PART 5N.I.GRANTS FOR LIVING AND OTHER COSTS
CHAPTER 1N.I.TYPES OF GRANTS AVAILABLE
Current system studentsN.I.
37. The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—
(a)disabled students’ allowance;
(b)grant for dependants;
(c)grant for travel;
(d)maintenance grant or special support grant.
Commencement Information
I37Reg. 37 in operation at 17.12.2009, see reg. 1(1)
Old system studentsN.I.
38. The following grants are available to an old system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—
(a)disabled students’ allowance;
(b)grant for dependants;
(c)grant for travel;
(d)higher education bursary.
Commencement Information
I38Reg. 38 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 2N.I.GENERAL PROVISIONS
General qualifying conditions for grants for living and other costsN.I.
39.—(1) An eligible student qualifies for a grant under this Part provided that the student—
(a)is not excluded from qualification by any of the following paragraphs; and
(b)satisfies the qualifying conditions for the particular grant for which the student is applying.
(2) An eligible student does not qualify for—
(a)a bursary or grant under this Part if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9; or
(b)a bursary under regulation 61 in respect of any academic year of a part-time course for the initial training of teachers referred to in paragraph 5 of Schedule 3.
(3) An eligible student does not qualify for a grant under this Part in respect of—
(a)an academic year which is a bursary year;
(b)an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or
(c)a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.
(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.
(6) For the purposes of paragraph (5), “unpaid service” means—
(a)unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland;
(b)unpaid service with a local authority in the United Kingdom or any equivalent body in the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or Republic of Ireland;
(c)unpaid service in the prison or probation and aftercare service in the United Kingdom or the Republic of Ireland;
(d)unpaid research in an institution in the United Kingdom or the Republic of Ireland or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or
(e)unpaid service with—
(i)the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(36);
(ii)a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(37);
(iii)a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(38);
(iv)an NHS body within the meaning of [F66 given by section 275(1) ] of the National Health Service Act 2006(39); or
(v)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(40).
(7) Subject to paragraph (8), where one of the events listed in regulation 18 (a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of F67... part of that academic year but a student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the relevant event occurred.
(8) Where the state of which the student is a national accedes to the European Community the student may qualify for a grant under this Part only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course.
(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.
(10) Paragraph (9) does not apply in respect of disabled students’ allowance.
Textual Amendments
F66Words in reg. 39(6)(e)(iv) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 140
F67Words in reg. 39(7) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 4
Commencement Information
I39Reg. 39 in operation at 17.12.2009, see reg. 1(1)
Students who are treated as in attendanceN.I.
40.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—
(a)grant for dependants;
(b)disabled students’ allowance;
(c)maintenance grant or special support grant;
(d)higher education bursary.
(2) This regulation applies to—
(a)a compressed degree student;
[F68(aa)a student on a period of study or period of overseas work placement in an Erasmus year; or]
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Textual Amendments
F68Reg. 40(2)(aa) inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 11
Commencement Information
I40Reg. 40 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 3N.I.DISABLED STUDENTS’ ALLOWANCES
Qualifying conditions for the disabled students’ allowanceN.I.
41. An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Department is satisfied that A is obliged to incur in connection with A’s attendance on a designated course by reason of a disability to which A is subject.
Commencement Information
I41Reg. 41 in operation at 17.12.2009, see reg. 1(1)
Amount of the disabled students’ allowanceN.I.
42.—(1) Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(2) Except where paragraph (4) applies, the amount of the disabled students’ allowance must not exceed—
(a)£20,938 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom or the Republic of Ireland for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the student’s course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,759 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the maxima specified in those sub-paragraphs.
(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.
(4) The maximum amount under paragraphs (2)(a) and (d) is £15,703 and £1,319, respectively where—
(a)an eligible student attends a course for the initial training of teachers; and
(b)in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.
[F69(5) Subject to paragraph (6), the disabled students’ allowance is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.
(6) Subject to paragraph (7), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for the disabled students’ allowance for the purposes specified in paragraphs (2)(a), (c) and (d) in respect of such quarters as begin after the relevant event occurs.
(7) Where the state of which the student is a national accedes to the EU the student may qualify for the disabled students’ allowance only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F69Reg. 42(5)-(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 5
Commencement Information
I42Reg. 42 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 4N.I.GRANTS FOR DEPENDANTS
Interpretation of Chapter 4N.I.
43.—(1) In regulations 45 to 48—
(a)subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Department considers the student is separated) or the student’s former partner;
(b)“child” in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;
(c)“dependant” means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;
(d)“dependent” means wholly or mainly financially dependent;
(e)“dependent child” means, in relation to an eligible student, a child dependent on the student;
(f)“lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;
(g)“net income” has the meaning given in paragraph (2);
[F70(ga)“preceding financial year” means the financial year immediately preceding the relevant year;
(gb)“prior financial year” means the financial year immediately preceding the preceding financial year;
(gc)“relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;
(gd)“residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);
[F71(ge)“taxable income” means, in respect of the prior financial year—
(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;
(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to A’s income; or
(iii)where the legislation of more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest,
except that no account is taken of income referred to in paragraph (1A) paid to another party;]]
(h)subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—
(i)the spouse of an eligible student;
(ii)the civil partner of an eligible student;
(iii)a person ordinarily living with an eligible student as if that person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2000;
(iv)a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2005;
(i)unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;
(j)for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;
(k)for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;
(l)for the purposes of regulation 46—
(i)sub-paragraph (i) does not apply; and
(ii)a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 5;
(m)for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—
(i)the spouse of an eligible student’s partner;
(ii)the civil partner of an eligible student’s partner;
(iii)where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse;
(iv)where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student’s partner “B” as if A were B’s civil partner;
(n)subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Department may treat an adult person or child as dependent on an eligible student if the Department is satisfied that the adult person or child—
(i)is not dependent on—
(aa)the eligible student; or
(bb)the student’s partner; but
(ii)is dependent on the eligible student and the student’s partner together;
(o)the Department must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is—
(i)the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Department considers the eligible student’s partner is separated); or
(ii)the former partner of the eligible student’s partner.
[F72(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.]
(2) A dependant’s net income is the dependant’s income from all sources [F73(for the relevant year for the purposes of regulation 45(2)(b) and for the prior financial year for the purposes of regulation 48(7))] reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—
(a)any pension, allowance or other benefit paid by reason of a disability, incapacity or limited capability for work to which the dependant is subject;
(b)child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(41);
(c)any financial support payable to the dependant by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987(42);
(d)any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(43);
(e)in the case of a dependant with whom a child being looked after by an authority is placed, any payment made to that dependant in pursuance of Article 27 of the Children (Northern Ireland) Order 1995(44);
(f)any payments made to the dependant under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the dependant’s child or any assistance given by an authority pursuant to Article 35 of that Order; and
(g)any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002(45).
(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s [F74residual income is] reduced by—
(a)an amount equal to the payments in question for the academic year, if in the opinion of the Department the obligation had been reasonably incurred; or
(b)such lesser amount, if any, as the Department considers appropriate if, in the opinion of the Department, a lesser obligation could reasonably have been incurred.
(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.
[F75(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.
(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.]
Textual Amendments
F70Reg. 43(1)(ga)-(ge) and words inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(a)
F71Reg. 43(1)(ge) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 3
F72Reg. 43(1A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(b)
F73Words in reg. 43(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(c)(ii)
F74Words in reg. 43(3) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(d)
F75Reg. 43(5)(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 6(e)
Commencement Information
I43Reg. 43 in operation at 17.12.2009, see reg. 1(1)
GeneralN.I.
44.—(1) The grant for dependants consists of the following elements—
(a)adult dependants’ grant;
(b)childcare grant;
(c)parents’ learning allowance.
(2) The qualifying conditions for each element and the amounts payable are set out in regulations 45 to 48.
Commencement Information
I44Reg. 44 in operation at 17.12.2009, see reg. 1(1)
Adult dependants’ grantN.I.
45.—(1) An eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation.
(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—
(a)the eligible student’s partner; or
(b)an adult dependant whose net income [F76for the relevant year] does not exceed £3,873.
(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being—
(a)£2,695; or
(b)where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,695 as the Department considers reasonable in the circumstances.
Textual Amendments
F76Words in reg. 45(2)(b) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 7
Commencement Information
I45Reg. 45 in operation at 17.12.2009, see reg. 1(1)
Childcare grantN.I.
46.—(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation.
(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for—
(a)a dependent child who is under the age of 15 immediately before the beginning of the academic year; or
(b)a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996(46) and is under the age of 17 immediately before the beginning of the academic year.
(3) A does not qualify for a childcare grant if A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002(47)F77... [F78or financial support for childcare under a healthcare bursary.]
(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.
(5) Subject to [F79paragraphs (6) and (8)] , the basic amount of childcare grant for each week is—
(a)for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £148.75 per week; or
(b)for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week
except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.
(6) For the purposes of calculating the basic amount of childcare grant—
(a)a week runs from Monday to Sunday; and
(b)where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.
(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002(48).
[F80(8) Where A’s application for a childcare grant does not identify a childcare provider, the Department may limit—
(a)the amount of grant paid to A to the amount specified in paragraph (9), and
(b)payment of the grant to one quarter of the academic year,
until A has submitted details of the childcare provider to the Department.
(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.
(10) Subject to paragraphs (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.
(11) Subject to paragraph (12), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a childcare grant in respect of such quarters as begin after the relevant event occurs.
(12) Where the state of which the student is a national accedes to the EU the student may qualify for the childcare grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F77Full stop in reg. 46(3) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 4
F78Words in reg. 46(3) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 4
F79Words in reg. 46(5) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 8
F80Reg. 46(8)-(12) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 9
Commencement Information
I46Reg. 46 in operation at 17.12.2009, see reg. 1(1)
Parents’ learning allowanceN.I.
47.—(1) An eligible student (“A”) qualifies in connection with A’s attendance on a designated course for the parents’ learning allowance if A has one or more dependants who are dependent children.
(2) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being £1,538.
Commencement Information
I47Reg. 47 in operation at 17.12.2009, see reg. 1(1)
CalculationsN.I.
48.—(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 45 to 47 is the amount of that element remaining after applying, until it is extinguished, an amount equal to as follows and in the following order—
(a)to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 45;
(b)to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 46; and
(c)to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 47.
(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.
(3) Where is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.
(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—
(a)the eligible student’s partner—
(i)is an eligible student; or
(ii)holds a statutory award; and
(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—
(a)the eligible student’s partner—
(i)is an eligible student; or
(ii)holds a statutory award; and
(b)account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.
(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.
[F81(7) In this regulation—
A is the aggregate of—
(a)the residual income of the eligible student’s partner for the prior financial year;
(b)the residual income of the eligible student’s adult dependants for the prior financial year; and
(c)subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”.
Where the student begins the course before 1st September 2013, B is—
(a)£1,182 where the eligible student has no dependent child;
(b)£3,543 where the eligible student is not a lone parent and has one dependent child;
(c)£4,721 where the eligible student—
(i)is not a lone parent and has more than one dependent child; or
(ii)is a lone parent and has one dependent child;
(d)£5,910 where the eligible student is a lone parent and has more than one dependent child.
Where the student begins the course on or after 1st September 2013, B is—
(a)£6,182 where the eligible student has no dependent child;
(b)£8,543 where the eligible student is not a lone parent and has one dependent child;
(c)£9,721 where the eligible student—
(i)is not a lone parent and has more than one dependent child; or
(ii)is a lone parent and has one dependent child;
(d)£10,910 where the eligible student is a lone parent and has more than one dependent child.
(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st September 2013 in relation to a student “A” where A transfers to the current course pursuant to regulation 8 on or after 1st September 2013 from a designated course beginning before 1st September 2013.
(7B) Where the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.
(7D) In an academic year immediately following one in which the Department has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Department must ascertain the dependent children’s net income in the preceding financial year.]
(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—
(a)there is a change in the number of the eligible student’s dependants;
(b)a person becomes or ceases to be a dependant of the eligible student;
(c)the eligible student becomes or ceases to be a lone parent;
(d)a student becomes eligible for support as a result of an event referred to in regulation 18.
(9) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—
(a)how many dependants the eligible student is to be treated as having;
(b)who those dependants are;
(c)whether the student is to be treated as a lone parent.
(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.
(11) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.
(12) In this regulation, a “relevant quarter” means—
(a)in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;
(b)otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.
(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.
Textual Amendments
F81Reg. 48(7), (7A)-(7D) substituted for reg. 48(7) (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 10
Commencement Information
I48Reg. 48 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 5N.I.GRANTS FOR TRAVEL
InterpretationN.I.
49. For the purposes of this Chapter—
(a)any reference to expenditure incurred for the purpose of attending an institution or period of study [F82or period of overseas work placement in an Erasmus year] —
(i)includes expenditure both before and after so attending; and
(ii)does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part;
(b)“qualifying quarter” means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute [F83or overseas workplace in an Erasmus year] for at least half the period covered by that quarter.
Textual Amendments
F82Reg. 49(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 12
F83Reg. 49(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 13
Commencement Information
I49Reg. 49 in operation at 17.12.2009, see reg. 1(1)
GeneralN.I.
50. A grant for travel is available—
(a)to eligible students attending courses in medicine or dentistry in accordance with regulation 51;
(b)to eligible students attending an overseas institution or the Institute [F84or overseas workplace in an Erasmus year] in accordance with regulation 53.
Textual Amendments
F84Reg. 50(b) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 14
Commencement Information
I50Reg. 50 in operation at 17.12.2009, see reg. 1(1)
[F8550A.—(1) Subject to paragraph (2), a grant for travel is payable in respect of the four quarters of the academic year.
(2) Subject to paragraph (3), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a grant for travel in respect of such quarters as begin after the relevant event occurs.
(3) Where the state of which the student is a national accedes to the EU the student may qualify for the grant for travel only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F85Reg. 50A inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 11
Qualifying conditions for the grant for travel – courses in medicine and dentistryN.I.
51. A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student’s course any hospital or other premises in the United Kingdom or Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.
Commencement Information
I51Reg. 51 in operation at 17.12.2009, see reg. 1(1)
Amount of the grant for travel – courses in medicine and dentistryN.I.
52. The amount of grant payable under regulation 51 in respect of an academic year is equal to the reasonable expenditure that the Department determines the eligible student is obliged to incur for the purposes set out in that regulation less £309.
Commencement Information
I52Reg. 52 in operation at 17.12.2009, see reg. 1(1)
Qualifying conditions for the grant for travel – overseas studyN.I.
53. A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student’s course the overseas institution or the Institute [F86or overseas workplace in an Erasmus year] .
Textual Amendments
F86Reg. 53 text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 15
Commencement Information
I53Reg. 53 in operation at 17.12.2009, see reg. 1(1)
Amount of the grant for travel – overseas studyN.I.
54. The amount of grant payable under regulation 53 in respect of an academic year is calculated as follows—
X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 53.
Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 55.
Commencement Information
I54Reg. 54 in operation at 17.12.2009, see reg. 1(1)
55. The expenditure specified in this regulation is—
(a)expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;
(b)the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and
(c)medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.
Commencement Information
I55Reg. 55 in operation at 17.12.2009, see reg. 1(1)
Deductions from the grant for travelN.I.
56. A deduction may be made from any grant under this Chapter in accordance with Part 8.
Commencement Information
I56Reg. 56 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 6N.I.MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the maintenance grantN.I.
57.—(1) A current system student qualifies in accordance with this regulation for a maintenance grant in connection with the student’s attendance on a designated course.
(2) A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant.
(3) If a current system student does not qualify for a fee loan [F87or relevant institution charge loan] in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan [F87or relevant institution charge loan] is that—
(a)the year is an Erasmus year [F88in accordance with regulation 20(3)]; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
[F89(4) Subject to paragraph (5), a maintenance grant is payable to a qualifying student in respect of the four quarters of the academic year.
(5) Subject to paragraph (6), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a maintenance grant in respect of such quarters as begin after the relevant event occurs.
(6) Where the state of which the student is a national accedes to the EU the student may qualify for the maintenance grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F87Words in reg. 57(3) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 10
F88Words in reg. 57(3)(a) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 6
F89Reg. 57(4)-(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 12
Commencement Information
I57Reg. 57 in operation at 17.12.2009, see reg. 1(1)
Amount of the maintenance grantN.I.
58.—(1) The maximum amount of maintenance grant available in respect of an academic year is—
(a)in the case of a type 1 or type 3 teacher training student, £1,738;
(b)in the case of a type 2 teacher training student, £3,475; and
(c)in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475.
(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £29,019 the student receives an amount equal to
where
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659.
(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318.
(4) A type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019
B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and
(c)where the household income exceeds £41,065, no maintenance grant is payable.
(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203;
(c)where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to where—
RM is £1,318
A is £1 for every complete £9.50 by which the household income exceeds £29,019;
(d)where the household income exceeds £41,065, no maintenance grant is payable.
Commencement Information
I58Reg. 58 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 7N.I.SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS
Qualifying conditions for the special support grantN.I.
59.—(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student’s attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.
(2) A current system student qualifies for a special support grant if the student—
(a)falls within a prescribed category of person for the purposes of section 123(1)(e) of the Social Security Contributions and Benefits Act (Northern Ireland) 1992(49); or
(b)is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 129(2) of that Act(50).
(3) If a current system student does not qualify for a fee loan [F90or relevant institution charge loan] in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan [F90or relevant institution charge loan] is that—
(a)the year is an Erasmus year [F91in accordance with regulation 20(3)]; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
[F92(4) Subject to [F93paragraph] (5), a special support grant is payable in respect of the four quarters of the academic year.
(5) Subject to paragraph (6), where one of the events listed in regulation 18(a), (b), (c), (e), (f), (g) or (h) occurs in the course of an academic year, a student may qualify for a special support grant in respect of such quarters as begin after the relevant event occurs.
(6) Where the state of which the student is a national accedes to the EU the student may qualify for the special support grant only if the student has been ordinarily resident in the United Kingdom and Islands throughout the three year period immediately preceding the first day of the first academic year of the course.]
Textual Amendments
F90Words in reg. 59(3) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 11
F91Words in reg. 59(3)(a) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 7(a)
F92Reg. 59(4)-(6) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 13
F93Word in reg. 59(4) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 7(b)
Commencement Information
I59Reg. 59 in operation at 17.12.2009, see reg. 1(1)
Amount of the special support grantN.I.
60.—(1) The maximum amount of special support grant available in respect of an academic year is—
(a)in the case of a type 1 or type 3 teacher training student, £1,738;
(b)in the case of a type 2 teacher training student, £3,475;
(c)in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475.
(2) A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659.
(3) A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203; and
(c)where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318.
(4) A type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £1,738;
(b)where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to where—
M is £1,738
A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019
B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and
(c)where the household income exceeds £41,065, no special support grant is payable.
(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—
(a)where the household income is £19,203 or less, the student receives £3,475;
(b)where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to where—
M is £3,475
A is £1 for every complete £4.55 by which the household income exceeds £19,203;
(c)where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to where—
RM is £1,318
A is £1 for every complete £9.50 by which the household income exceeds £29,019; and
(d)where the household income exceeds £41,065, no special support grant is payable.
Commencement Information
I60Reg. 60 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 8N.I.HIGHER EDUCATION BURSARIES FOR OLD SYSTEM STUDENTS
Qualifying conditions and amounts of the higher education bursaryN.I.
61.—(1) Subject to paragraph (2), an old system student who qualifies for a grant for fees under [F94Chapter 4] of Part 4 and who is under the age of 60 on the relevant date qualifies for a higher education bursary in accordance with his attendance on a designated course.
(2) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, he cannot qualify for a higher education bursary for that year unless the reason that he does not qualify for a grant for fees is because—
(a)the year is an Erasmus year; or
(b)the designated course is an old flexible postgraduate course for the initial training of teachers.
(3) The amount of bursary payable in respect of any academic year shall be determined by reference to the household income ascertained under paragraph 3 of Schedule 5 in accordance with the following table—
Residual Income (£) | Bursary (£) |
---|---|
Up to 11,805 | 2,000 |
11,806 to 12,000 | 1,965 |
12,001 to 13,000 | 1,795 |
13,001 to 14,000 | 1,630 |
14,001 to 15,000 | 1,460 |
15,001 to 16,000 | 1,290 |
16,001 to 17,000 | 1,120 |
17,001 to 18,000 | 960 |
18,001 to 19,000 | 815 |
19,001 to 20,000 | 675 |
20,001 to 21,000 | 535 |
21,001 to 22,000 | 390 |
22,001 to 23,000 | 250 |
23,001 to 23,605 | 165 |
Over 23,605 | Nil |
Textual Amendments
F94Words in reg. 61(1) substituted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 12
Commencement Information
I61Reg. 61 in operation at 17.12.2009, see reg. 1(1)
PART 6N.I.LOANS FOR LIVING COSTS
CHAPTER 1N.I.QUALIFYING CONDITIONS
Interpretation of Part 6N.I.
62. In this Part—
(a)a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;
(b)an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;
(c)the “relevant date” means the first day of the first academic year of the specified designated course;
(d)a “student with reduced entitlement” is an eligible student who—
(i)does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(a) or (b) or 39(5); or
(ii)opts when applying for a loan for living costs not to provide the information needed to calculate the household income;
(e)where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.
Commencement Information
I62Reg. 62 in operation at 17.12.2009, see reg. 1(1)
Qualifying conditions for the loan for living costs – current system studentsN.I.
63.—(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and—
(a)where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or
(b)he does not have an honours degree from—
(i)an institution in the United Kingdom; or
(ii)an institution in the Republic of Ireland for which he received financial support under previous regulations.
(2) The condition in paragraph (1)(a) or (b) does not apply where—
(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;
(b)the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;
[F95(c)the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount in respect of any academic year of the course; or]
(d)the current system student is on a course for the initial training of teachers.
(3) A current system student does not qualify for a loan for living costs if—
(a)he is in receipt of funding from the Department to participate in a management development programme known as [F96Study USA]; or
(b)the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
(4) A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(5) A current system student does not qualify for a loan for living costs if the student is a prisoner.
Textual Amendments
F95Reg. 63(2)(c) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 16
F96Words in reg. 63(3)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 8
Commencement Information
I63Reg. 63 in operation at 17.12.2009, see reg. 1(1)
Qualifying conditions for the loan for living costs – old system studentsN.I.
64.—(1) Subject to paragraphs (4) to (6), an old system student who falls within paragraph (a), (b), (e)(i) or (f) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date.
(2) Subject to paragraph (4), an old system student who falls within paragraph (c), (d) or (e)(ii) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student meets the following conditions—
(a)is under the age of 60 on the relevant date; and
(b)does not have an honours degree from—
(i)an institution in the United Kingdom; or
(ii)an institution in the Republic of Ireland for which he received financial support under previous regulations.
(3) The condition in paragraph (2)(b) does not apply where—
(a)the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner;
(b)the old system student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to the student’s income or a Scottish healthcare allowance the amount of which is calculated by reference to the student’s income in respect of any academic year of the course; or
(c)the old system student is on a course for the initial training of teachers.
(4) An old system student does not qualify for a loan for living costs if—
(a)he is in receipt of funding from the Department to participate in a management development programme known as [F97Study USA]; or
(b)the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
(5) An old system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(6) An old system student does not qualify for a loan for living costs if the student is a prisoner.
Textual Amendments
F97Words in reg. 64(4)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 9
Commencement Information
I64Reg. 64 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 2N.I.MAXIMUM AMOUNTS OF LOANS
GeneralN.I.
65.—(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—
(a)where the eligible student is a current system student with full entitlement, in accordance with regulation 66 or 67;
(b)where the eligible student is an old system student with full entitlement, in accordance with regulation 68;
(c)where the eligible student is a student with reduced entitlement, in accordance with regulation 69.
Commencement Information
I65Reg. 65 in operation at 17.12.2009, see reg. 1(1)
Current system students with full entitlementN.I.
66.—(1) This regulation applies to a current system student with full entitlement (other than a type 1 or type 2 teacher training student where his contribution exceeds nil).
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to where—
X is—
(i)for a student in category A, £3,750;
(ii)for a student in category B, £6,780;
(iii)for a student in category C, £5,770;
(iv)for a student in category D, £4,840;
Y is the maintenance grant amount.
(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to where—
X is—
(i)for a student in category A, £3,390;
(ii)for a student in category B, £6,170;
(iii)for a student in category C, £5,015;
(iv)for a student in category D, £4,480;
Y is the maintenance grant amount.
(4) “the maintenance grant amount” is, unless otherwise stated,—
(i)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,318, the amount of maintenance grant payable;
(ii)where the student qualifies under regulation 58(2) or (4) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,603 less £1 in every complete £17.25 by which the household exceeds £19,203;
(iii)where the student qualifies under regulation 58(3) or (5) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £1,887 less £1 in every complete £17.25 by which the household income exceeds £19,203;
(iv)where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,475, £1,887; and
(v)where no maintenance grant is payable, nil.
Commencement Information
I66Reg. 66 in operation at 17.12.2009, see reg. 1(1)
Type 1 and type 2 teacher training studentsN.I.
67.—(1) This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is —
(a)for a student in category A, £3,750;
(b)for a student in category B, £6,780;
(c)for a student in category C, £5,770;
(d)for a student in category D, £4,840.
(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—
(a)for a student in category A, £3,390;
(b)for a student in category B, £6,170;
(c)for a student in category C, £5,015;
(d)for a student in category D, £4,480.
Commencement Information
I67Reg. 67 in operation at 17.12.2009, see reg. 1(1)
Old system students with full entitlementN.I.
68.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X – Y where—
X is —
(a)for a student in category A, £3,750;
(b)for a student in category B, £6,780;
(c)for a student in category C, £5,770;
(d)for a student in category D, £4,840.
Y is the reduction.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X – Y where—
X is —
(a)for a student in category A, £3,390;
(b)for a student in category B, £6,170;
(c)for a student in category C, £5,015;
(d)for a student in category D, £4,480.
Y is the reduction.
(3) In this regulation, “the reduction” is—
(a)for students eligible for the maximum bursary of £2,000 under regulation 61, £1,500; and
(b)in all other cases the amount of bursary for which the student is eligible under regulation 61, subject to paragraph (4).
(4) Where the maximum amount of loans set out in paragraphs (1) and (2) are reduced under paragraph (3), such reductions shall not have effect so as to reduce the amount of loan below the amount applicable to the student under regulation 69(1)(d) or (2)(d).
Commencement Information
I68Reg. 68 in operation at 17.12.2009, see reg. 1(1)
Students with reduced entitlementN.I.
69.—(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—
(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—
(i)for a student in category A, £1,780;
(ii)for a student in category B, £3,330;
(iii)for a student in category C or D, £2,370.
(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—
(i)for a student in category A, £1,780
(ii)for a student in category B, £3,330;
(iii)for a student in category C, £2,835;
(iv)for a student in category D, £2,370.
(c)where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—
X is—
(i)for a student in category A, £2,812;
(ii)for a student in category B, £5,085;
(iii)for a student in category C, £4,330;
(iv)for a student in category D, £3,630;
Y is the amount specified in paragraph (3).
(d)Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—
(i)for a student in category A, £2,150;
(ii)for a student in category B, £5,180;
(iii)for a student in category C, £4,170;
(iv)for a student in category D, £3,240.
(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—
(a)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—
(i)for a student in category A, £1,350;
(ii)for a student in category B, £2,550;
(iii)for a student in category C or D, £1,850;
(b)where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—
(i)for a student in category A, £1,350;
(ii)for a student in category B, £2,550;
(iii)for a student in category C, £2,070;
(iv)for a student in category D, £1,850;
(c)where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to where—
X is—
(i)for a student in category A, £2,540;
(ii)for a student in category B, £4,630;
(iii)for a student in category C, £3,760;
(iv)for a student in category D, £3,360;
Y is the amount specified in paragraph (3).
(d)Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—
(i)for a student in category A, £1,785;
(ii)for a student in category B, £4,570;
(iii)for a student in category C, £3,415;
(iv)for a student in category D, £2,880.
(3) The specified amount is—
(a)£659 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £659;
(b)£1,318 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,318;
(c)nil where the student is not a type 1 or type 2 teacher training student.
Commencement Information
I69Reg. 69 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 3N.I.LONG COURSES LOAN
Long courses loanN.I.
70.—(1) An eligible student qualifies for a long courses loan in connection with the student’s attendance on a designated course if the student—
(a)qualifies for a loan for living costs under this Part;
(b)is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and
(c)is not a student with reduced entitlement.
(2) The maximum amount of long courses loan is where—
X is calculated in accordance with paragraph (3),
Y is calculated in accordance with paragraph (4);
(3) Where an eligible student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5);
(4) Where an eligible student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5);
(5) The amount is—
(i)for a student in category A, £55;
(ii)for a student in category B, £108;
(iii)for a student in category C, £117;
(iv)for a student in category D, £84.
(6) 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 maximum amount of long courses loan for each week or part week of such attendance is—
(a)for a student in Category A, by £55; or
(b)for a student in Category D, by £84
(7) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.
Commencement Information
I70Reg. 70 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 4N.I.MISCELLANEOUS
Quarters in respect of which the loan for living costs is payableN.I.
71.—(1) Subject to regulation 74, the loan for living costs and the long courses loan are payable in respect of three quarters of the academic year.
(2) The loan for living costs is not payable—
(a)in the case of a compressed degree student, in respect of the quarter nominated by the Department;
(b)in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs.
(3) The long courses loan is not payable in respect of the quarter nominated by the Department.
Commencement Information
I71Reg. 71 in operation at 17.12.2009, see reg. 1(1)
Students falling into more than one categoryN.I.
72. Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year—
(a)the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;
(b)the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;
(c)the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;
(d)the maximum amount of long courses loan for each such quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and
(e)the category which applies to a quarter is—
(i)the category into which the student falls for the longer or longest period in that quarter; or
(ii)if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.
Commencement Information
I72Reg. 72 in operation at 17.12.2009, see reg. 1(1)
Students residing with parentsN.I.
73.—(1) Where an eligible student (“X”) resides at X’s parents’ home and the Department is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part.
Commencement Information
I73Reg. 73 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible in the course of an academic yearN.I.
74.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.
(2) The events are—
(a)the student’s course becomes a designated course;
(b)the student, or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person with leave to enter or remain;
(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d)the student acquires the right of permanent residence;
(e)the student becomes the child of a Turkish worker;
(f)the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2; or
(g)the student becomes the child of a Swiss national.
(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.
(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.
(7) The maximum amount of long courses loan for each quarter is one third of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.
Commencement Information
I74Reg. 74 in operation at 17.12.2009, see reg. 1(1)
Students who are treated as in attendance on a courseN.I.
75.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan.
(2) This regulation applies to—
(a)a compressed degree student;
[F98(aa)a student on a period of study or period of overseas work placement in an Erasmus year;]
(b)a disabled student who—
(i)is not a compressed degree student; and
(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.
Textual Amendments
F98Reg. 75(2)(aa) inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 17
Commencement Information
I75Reg. 75 in operation at 17.12.2009, see reg. 1(1)
Deductions from loans for living costsN.I.
76.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 8.
(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.
Commencement Information
I76Reg. 76 in operation at 17.12.2009, see reg. 1(1)
Applying for an additional amount of loan for living costs or long courses loanN.I.
77.—(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—
(a)the Department determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and
(b)the Department considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—
(i)failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or
(ii)providing information that is inaccurate in any material particular.
(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.
(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the student’s case.
Commencement Information
I77Reg. 77 in operation at 17.12.2009, see reg. 1(1)
Categories of studentN.I.
78. In this Part—
(a)a student (“X”) is in category A if—
(i)X resides at X’s parents’ home while attending the designated course; or
(ii)X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;
(b)a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—
(i)a course at the University of London;
(ii)a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or
(iii)a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that “Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;
(c)a student is in category C if the student is not in category A and—
(i)attends an overseas institution as part of the student’s course; F99...
(ii)attends the Institute; [F100or
(iii)attends an overseas work placement in an Erasmus year;]
(d)a student is in category D if the student is not in categories A to C.
Textual Amendments
F99Word in reg. 78(c)(i) omitted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 18
F100Reg. 78(c)(iii) and word inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 19
Commencement Information
I78Reg. 78 in operation at 17.12.2009, see reg. 1(1)
PART 7N.I.COLLEGE FEE LOANS
GeneralN.I.
79. An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course in accordance with this Part.
Commencement Information
I79Reg. 79 in operation at 17.12.2009, see reg. 1(1)
Qualifying conditionsN.I.
80.—(1) An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with the student’s attendance on a qualifying course if the student—
(a)has an honours degree from an institution in the United Kingdom;
(b)is taking a qualifying course which the student—
(i)began on or after 1st September 2006 and on which the student is continuing after 31st August 2010; or
(ii)begins on or after 1st September 2010;
(c)is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and
(d)was under the age of 60 on the first day of the first academic year of the qualifying course.
Commencement Information
I80Reg. 80 in operation at 17.12.2009, see reg. 1(1)
Persons to be treated as eligible studentsN.I.
81. A person is a “person treated as an eligible student” if—
(a)none of the circumstances in regulation 5(3) applies to that person; and
(b)either—
(i)that person would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 2 if any requirement in those paragraphs to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland; or
(ii)that person is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 2 if the requirement in that paragraph to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland.
Commencement Information
I81Reg. 81 in operation at 17.12.2009, see reg. 1(1)
Disabled studentsN.I.
82. A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because the student is unable to attend for a reason which relates to that student’s disability is treated as being in attendance on the qualifying course for the purpose of qualifying for the college fee loan.
Commencement Information
I82Reg. 82 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible during the course of an academic yearN.I.
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 or becomes a person with leave to enter or remain;
(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 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;
(d)the student acquires the right of permanent residence;
(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.
Commencement Information
I83Reg. 83 in operation at 17.12.2009, see reg. 1(1)
Availability of college fee loansN.I.
84.—(1) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.
(2) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.
(3) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.
Commencement Information
I84Reg. 84 in operation at 17.12.2009, see reg. 1(1)
Amount of college fee loanN.I.
85.—(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to the college or permanent private hall in connection with that year.
(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.
Commencement Information
I85Reg. 85 in operation at 17.12.2009, see reg. 1(1)
TransfersN.I.
86. Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—
(a)the Department must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;
(b)subject to paragraph (c), if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 100 are met and the student cannot qualify for another college fee loan in respect of that academic year;
(c)if the student transfers after the college fee loan is paid and before the end of the academic year, the student cannot apply for another college fee loan in connection with the academic year of the qualifying course to which the student transfers.
Commencement Information
I86Reg. 86 in operation at 17.12.2009, see reg. 1(1)
PART 8N.I.FINANCIAL ASSESSMENT
Calculation of contributionN.I.
87.—(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.
(2) For the purposes of the exercise of the Department’s functions under the Order and regulations made under it the Department may require an eligible student to provide from time to time such information as the Department considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.
Commencement Information
I87Reg. 87 in operation at 17.12.2009, see reg. 1(1)
Application of contribution – current system studentsN.I.
88. In the case of a current system student, the Department must apply the contribution in accordance with regulation 91.
Commencement Information
I88Reg. 88 in operation at 17.12.2009, see reg. 1(1)
Application of contribution – old system studentsN.I.
89.—(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 32(1) or 33(1), to determine the actual amount of grant for fees that is payable, the Department must first apply the contribution to reduce the basic amount of the grant for fees.
(2) If the contribution is not extinguished under paragraph (1), the Department must apply the remainder in accordance with regulation 90.
(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 90.
(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 32(2) or regulation 33(2) and one of the cases set out in regulation 25(3)(b) or (d) applies, to determine the actual amount of the grant for fees that is payable, the Department must—
(a)first, apply the contribution to reduce the basic amount of the grant for fees;
(b)second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and
(c)third, if the contribution is still not extinguished, apply the remainder in accordance with regulation 90.
(5) In the case of an Erasmus year, the Department must apply the amount by which the contribution exceeds [F101£1,510] in accordance with regulation 90.
(6) Where none of the circumstances in paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 90.
Textual Amendments
F101Sum in reg. 89(5) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 7, Sch.
Commencement Information
I89Reg. 89 in operation at 17.12.2009, see reg. 1(1)
Order of applicationN.I.
90. The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—
(a)first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 48;
(b)second, to reduce the childcare grant calculated in accordance with regulation 48;
(c)third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (except the first £50 of the allowance);
(d)fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 91;
(e)fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.
Commencement Information
I90Reg. 90 in operation at 17.12.2009, see reg. 1(1)
Minimum level of loan for living costsN.I.
91.—(1) Subject to paragraphs (2) and (5), for a current system student, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,812, in the case of a student in category A;
(b)£5,085, in the case of a student in category B;
(c)£4,330, in the case of a student in category C;
(d)£3,630, in the case of a student in category D.
(2) Subject to paragraph (5), for a current system student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,540, in the case of a student in category A;
(b)£4,630, in the case of a student in category B;
(c)£3,760, in the case of a student in category C;
(d)£3,360, in the case of a student in category D.
(3) Subject to paragraphs (4) and (5), for an old system student, the “minimum level for the academic year” in regulation 90(d) is—
(a)£2,150, in the case of a student in category A;
(b)£5,180, in the case of a student in category B;
(c)£4,170, in the case of a student in category C;
(d)£3,240, in the case of a student in category D.
(4) Subject to paragraph (5), for an old system student, where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is—
(a)£1,785 in the case of a student in category A;
(b)£4,570, in the case of a student in category B;
(c)£3,415, in the case of a student in category C;
(d)£2,880, in the case of a student in category D.
(5) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) to (4) are the aggregate of the amounts determined under paragraph (6) for each of the quarters in respect of which a loan is payable.
(6) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3) or (4) which corresponds to the rate applicable for the quarter.
(7) The rate applicable for a quarter is determined in accordance with regulation 72.
(8) Categories A to D have the meaning given in regulation 78.
Commencement Information
I91Reg. 91 in operation at 17.12.2009, see reg. 1(1)
Amount of loan for living costs payable to certain type 1 and type 2 teacher training studentsN.I.
92.—(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.
(2) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—
where
A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and
B is the amount of maintenance grant payable to the student.
Commencement Information
I92Reg. 92 in operation at 17.12.2009, see reg. 1(1)
PART 9N.I.PAYMENTS
CHAPTER 1N.I.INTERPRETATION OF PART 9
InterpretationN.I.
93. In this Part—
(a)“attendance confirmation” means—
(i)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student has a disability; and
(cc)the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);
(ii)confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—
(aa)the student is applying for support in connection with a designated course for the first time;
(bb)the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and
(cc)sub-paragraph (i)(cc) does not apply;
(iii)confirmation from the academic authority that the student has enrolled for the academic year where—
(aa)the student is applying for support in connection with a designated course other than for the first time; or
(bb)the student is applying for support in connection with a designated course for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution;
(b)“payment period” means a period in respect of which the Department pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.
Commencement Information
I93Reg. 93 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 2N.I.PAYMENT OF GRANTS FOR FEES
Payment of grants for feesN.I.
94.—(1) The Department must not pay the grant for fees for which a student qualifies until the Department has received a request for payment from the academic authority.
(2) Payment must be made to the academic authority—
(a)not before the expiry of a period of three months beginning with the first day of the academic year; and
(b)not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later.
(3) Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Department may make a provisional assessment and payment.
(4) No payment of the grant for fees can be made in respect of a designated course if—
(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 19, undertake the course; and
(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.
Commencement Information
I94Reg. 94 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 3N.I.PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS
Payment of grants for living and other costsN.I.
95.—(1) The Department may pay support under Part 5 in instalments.
(2) Subject to paragraph (3), the Department may pay support under Part 5 at such times as the Department considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Department.
(4) The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Department has received the attendance confirmation unless an exception applies.
(5) An exception applies if—
(a)a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5.
(8) Subject to paragraph (9), 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.
(9) Paragraph (8) does not apply in respect of disabled student’s allowance.
(10) In deciding whether it would be appropriate for support to be due under paragraph (8) 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.
(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.
(12) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine—
(a)the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and
(b)how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).
(13) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(14) If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—
(a)the Department may treat the excess as an overpayment of that grant; or
(b)if the Department considers that it is appropriate to do so the Department may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.
(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.
(16) Paragraph (15) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment.
(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.
(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.
(20) Where, after the Department has made any payment of support under Part 5 or Part 6, the Department makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—
(a)if the determination increases the amount of that grant for which the student qualifies the Department must pay the additional amount in such instalments (if any) and at such times as the Department considers appropriate;
(b)if the determination decreases the amount of that grant for which the student qualifies the Department must subtract the amount of the decrease from the amount of that grant which remains to be paid;
(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year;
(d)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Commencement Information
I95Reg. 95 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 4N.I.PAYMENT OF LOANS
GeneralN.I.
96.—(1) Subject to paragraph (2) —
[F102(a)fee loans and relevant institution charge loans are payable in accordance with regulation 99;
(ab)fee contribution loans are payable in accordance with regulation 99A;]
(b)college fee loans are payable in accordance with regulation 100;
(c)loans for living costs and long courses loans are payable in accordance with regulation 101;
(2) Regulations 97 and 98 apply in respect of the payment of all loans.
Textual Amendments
F102Reg. 96(1)(a)(ab) substituted for reg. 96(1)(a) (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 13
Commencement Information
I96Reg. 96 in operation at 17.12.2009, see reg. 1(1)
Provision of United Kingdom national insurance numberN.I.
97.—(1) The Department may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide the Department with the student’s United Kingdom national insurance number.
(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the loan to the eligible or qualifying student before it is satisfied that the student has complied with that condition.
(3) Despite paragraph (2), the Department may make a payment of loan to an eligible or qualifying student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).
Commencement Information
I97Reg. 97 in operation at 17.12.2009, see reg. 1(1)
Information requirementsN.I.
98.—(1) The Department may at any time request from an applicant, eligible student or qualifying student information that the Department considers is required to recover a loan.
(2) The Department may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.
(3) The Department may at any time request from an applicant, eligible student or qualifying student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.
(4) Where the Department has requested information under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.
(5) Where the Department has requested an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested.
Commencement Information
I98Reg. 98 in operation at 17.12.2009, see reg. 1(1)
Payment of fee loans and fee contribution loansN.I.
[F10399.—(1) The Department must pay the fee loan [F104or relevant institution charge loan] for which an eligible student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the fee loan [F104or relevant institution charge loan] in instalments.
(3) The Department must not pay the fee loan [F104or relevant institution charge loan] or instalment of fee loan [F104or relevant institution charge loan] until the Department has received from the academic authority—
(a)a request for payment; and
(b)confirmation (in such form as may be required by the Department) of the student’s attendance on the course for the period to which the instalment relates.
(4) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–
(a)has enrolled for the academic year and has begun to attend the course for that academic year, where the confirmation relates to payment of the fee loan [F104or relevant institution charge loan] or the first instalment of the fee loan [F104or relevant institution charge loan] for the academic year; or
(b)remains enrolled and continues to attend the course, where the confirmation relates to payment of an instalment of the fee loan [F104or relevant institution charge loan] other than the first instalment.
(5) The academic authority must inform the Department if a student ceases to attend the designated course during the academic year.]
Textual Amendments
F103Reg. 99 substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 5
F104Words in reg. 99 inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 14
[F105Payment of fee contribution loansN.I.
99A.—(1) The Department must pay the fee contribution loan for which an eligible student qualifies to an institution to which the student is liable to make payment.
(2) The Department may pay the fee contribution loan in instalments.
(3) The Department must not pay the fee contribution loan before—
(a)the Department has received a request for payment from the academic authority; and
(b)a period of three months beginning with the first day of the academic year has expired.
(4) Where assessment of an old system student’s contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the Department may make a provisional assessment and payment.
(5) No payment of fee contribution loan can be made in respect of a designated course if–
(a)before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 19, undertake the course; and
(b)the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom or the Republic of Ireland the course again during the academic year in respect of which the fees are payable or at all.]
Textual Amendments
Payment of college fee loansN.I.
100.—(1) The Department must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.
(2) The Department must pay the college fee loan in a single instalment.
(3) The Department must not pay the college fee loan before—
(a)the Department has received a request for payment from the college or permanent private hall; and
(b)a period of three months beginning with the first day of the academic year has expired.
(4) A college or permanent private hall is required to send an attendance confirmation to the Department.
(5) The Department must not pay the college fee loan until the Department has received an attendance confirmation from the relevant college or permanent private hall unless the Department determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving that confirmation.
(6) The Department must not make a payment of college fee loan in respect of a qualifying course if—
(a)before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend or, in the case of a student who is treated as in attendance under regulation 82, undertake the course; and
(b)the college or permanent private hall has determined or agreed that the student will not begin attending or, as the case may be, undertaking the course in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.
Commencement Information
I99Reg. 100 in operation at 17.12.2009, see reg. 1(1)
Payment of loans for living costs and long courses loansN.I.
101.—(1) The Department may pay support under Part 6 in instalments.
(2) Subject to paragraph (4), the Department may pay support under Part 6 at such times as the Department considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Department.
(4) The Department must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Department has received an attendance confirmation from the relevant academic authority unless an exception applies.
(5) An exception applies if the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 6.
(7) Payments of support under Part 6 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(8) Where the Department has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Department may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Department considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.
(9) Subject to paragraph (10), 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.
(10) In deciding whether it would be appropriate for support to be due under paragraph (9) 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.
(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.
(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.
(14) An eligible student is not to be considered absent from the student’s course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.
(15) Where, after the Department has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Department makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—
[F106(a)the Department must subtract from any amount of loan which remains to be paid under Part 6 such an amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;
(b)if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;]
(c)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Textual Amendments
F106Reg. 101(15)(a)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 10
Commencement Information
I100Reg. 101 in operation at 17.12.2009, see reg. 1(1)
CHAPTER 5N.I.OVERPAYMENTS
Overpayments of fee supportN.I.
[F107102.—(1) Any overpayment of fee support is recoverable by the Department from—
(a)the academic authority; or
(b)the student in respect of whom the payment of fee support was made.
(2) An overpayment of a fee loan [F108or relevant institution charge loan] may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances,—
(a)by subtracting the overpayment from any amount on the fee loan [F108or relevant institution charge loan] which remains to be paid;
(b)by requiring the student to repay the fee loan [F108or relevant institution charge loan] in accordance with regulations made under Article 3 of the Order;
(c)by taking such other action for the recovery of an overpayment as is available to the Department.]
Textual Amendments
F107Reg. 102 substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 7
F108Words in reg. 102(2) inserted (6.6.2013 with application in accordance with reg. 1(2)) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/128), regs. 1(1), 15
Overpayments of college fee loanN.I.
[F109103.—(1) Any overpayment of college fee loan is recoverable by the Department from—
(a)the college or permanent private hall; or
(b)the student in respect of whom the payment of college fee loan was made.
(2) An overpayment of college fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances,—
(a)by subtracting the overpayment from any amount of college fee loan which remains to be paid;
(b)by requiring the student to repay the college fee loan in accordance with regulations made under Article 3 of the Order;
(c)by taking such other action for the recovery of an overpayment is available to the Department.]
Textual Amendments
Overpayments of support payable under Part 5 or Part 6N.I.
104.—(1) An eligible student must, if so required by the Department, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.
(2) The Department must recover an overpayment of any bursary or grant for living and other costs unless the Department considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of bursary or grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(4) A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise.
(7) The circumstances are—
(a)the Department applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the eligible student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the student’s period of eligibility terminates.
(8) The circumstances are—
(a)the eligible student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.
(9) Where there is an overpayment of the disabled students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
(10) Any overpayment of a loan for living costs or long courses loan in respect of any academic year may be recovered if in the opinion of the Department—
(a)the overpayment is a result of a failure of the student to provide promptly information which might affect whether the student qualifies for the loan in question or the amount of the loan in question for which the student qualifies;
(b)any information which the student has provided is inaccurate in a material particular; or
(c)the student has failed to provide information which the Department considers to be material in the context of the recovery of the loan.
(11) Where an overpayment of a loan for living costs or long courses loan is recoverable under paragraph (10), it may be recovered in whichever one or more of the following ways the Department considers appropriate in all the circumstances—
(a)by subtracting the overpayment from [F110any amount of loan payable to the student from time to time under Part 6];
(b)by taking such other action for the recovery of an overpayment as is available to the Department.
(12) Where there has been an overpayment of a loan for living costs or long courses loan which is not recoverable under paragraph (10), the Department may subtract the overpayment from [F111any amount of loan payable to the student from time to time under Part 6].
Textual Amendments
F110Words in reg. 104(11)(a) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 11(a)
F111Words in reg. 104(12) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 11(b)
Commencement Information
I101Reg. 104 in operation at 17.12.2009, see reg. 1(1)
PART 10N.I.SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES
Eligible distance learning studentsN.I.
105.—(1) An eligible distance learning student qualifies for support in connection with the student undertaking a designated distance learning course subject to and in accordance with this Part.
(2) Subject to paragraph (3), a person is an eligible distance learning student in connection with a designated distance learning course if in assessing the person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”) is not an eligible distance learning student if—
(a)[F112A is eligible to apply for,] in connection with the distance learning course—
(i)a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007(51);
(b)A is in breach of any obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(e)subject to paragraph (5), A is a prisoner.
F113(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies 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 the borrower had no curator.
(8) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (9) or (10)—
(a)paragraphs (2) and (3) do not apply to that person; and
(b)that person is an eligible distance learning student for the purposes of this Part.
(9) The conditions in this paragraph are—
(a)the person qualified as an eligible distance learning student in connection with an earlier academic year of the current designated distance learning course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible distance learning student has not terminated.
(10) The conditions in this paragraph are—
(a)the Department has previously determined that the person is—
(i)an eligible student in connection with a designated course;
(ii)an eligible distance learning student in connection with a designated distance learning course other than the current distance learning course; or
(iii)an eligible part-time student in connection with a designated part-time course;
(b)the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible distance learning student has not terminated.
(11) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002(52)),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(12) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Department determined that the person was an eligible student or eligible part-time student, as the case may be, before 21st September 2007.
(14) An eligible distance learning student may not, at any one time, qualify for support for—
(a)more than one designated distance learning course;
(b)a designated distance learning course and a designated course;
(c)a designated distance learning course and a designated part-time course;
(d)a designated distance learning course and a designated postgraduate course.
Textual Amendments
F112Reg. 105(3)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 20
F113Reg. 105(4) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
Commencement Information
I102Reg. 105 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible during the course of the academic yearN.I.
106.—(1) Where one of the events listed in paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and
(b)a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(3) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (4) occurs in the course of an academic year—
(a)a student may qualify for disabled distance learning students’ allowance in respect of that academic year in accordance with this Part; and
(b)disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(4) The events are—
(a)the student’s course becomes a designated distance learning course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person with leave to enter or remain;
(c)a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
(e)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(f)the student acquires the right of permanent residence;
(g)the student becomes a person described in paragraph 6(1)(a) of Schedule 2;
(h)the student becomes the child of a Swiss national; or
(i)the student becomes the child of a Turkish worker.
Commencement Information
I103Reg. 106 in operation at 17.12.2009, see reg. 1(1)
Designated distance learning coursesN.I.
107.—(1) A course is designated for the purposes of Article 3(1) of the Order and regulation 105 if it is designated by the Department under this regulation.
(2) Subject to paragraph (4), the Department may designate a course under this regulation if in the Department’s opinion—
(a)the course is mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)the course is a full-time course;
(c)the course is of at least one academic year’s duration; and
(d)students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.
(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Department may disregard—
(a)any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—
(i)registration or enrolment;
(ii)an examination;
(b)any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend or during any vacation;
(c)any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.
(4) The Department may not designate a course as a designated distance learning course if—
(a)it falls within paragraph 7 or 8 of Schedule 3; and
(b)the governing body of a school has arranged for the provision of the course to a pupil of the school.
(5) A first degree course is not a designated course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
Commencement Information
I104Reg. 107 in operation at 17.12.2009, see reg. 1(1)
Period of eligibilityN.I.
108.—(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 105.
(2) The period for which an eligible distance learning student retains that status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 107, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.
(4) The period of eligibility terminates when the eligible distance learning student (“A”)—
(a)withdraws from A’s designated distance learning course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status under regulation 116, 117, 118 or 135; or
(b)abandons or is expelled from A’s designated distance learning course.
(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.
(6) If the Department is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 121.
(7) Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Commencement Information
I105Reg. 108 in operation at 17.12.2009, see reg. 1(1)
Support for distance learning coursesN.I.
109.—(1) For the purposes of this regulation, the support available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)£1,230; and
(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; and
(b)a grant not exceeding £265 for books, travel and other expenditure in connection with the designated distance learning course.
(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
F114(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F115(4) An eligible distance learning student does not qualify for support under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year. ]
[F116(4A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Department considers that the student is undertaking the course outside the United Kingdom.]
(5) An eligible distance learning student does not qualify for support under this regulation if the student has undertaken one or more distance learning courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).
(6) The loans and grants are—
(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under Article 3 of the Order;
(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act(53); or
(c)a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(54).
(7) Subject to paragraphs (8) and (9), an eligible distance learning student does not qualify for support under this regulation if—
(a)the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or
(b)the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current distance learning course before 1st September 2009.
(8) Where paragraph (9) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(9) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 116 from a course which began before 1st September 2009.
Textual Amendments
F114Reg. 109(3) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
F115Reg. 109(4) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 14(a)
F116Reg. 109(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 14(b)
Commencement Information
I106Reg. 109 in operation at 17.12.2009, see reg. 1(1)
Amount of supportN.I.
110.—(1) Subject to paragraph (2) and regulation 116(6), the amount of support payable in respect of an academic year is determined as follows—
(a)if at the date of the eligible distance learning student’s application the student or the student’s partner is entitled—
(i)under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(55) to income support or housing benefit;
(ii)under Part II of the Jobseekers (Northern Ireland) Order 1995(56) to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950(57) to training allowance or training premium; or
(iii)under Part 1 of the Welfare Reform Act (Northern Ireland) 2007(58) to an income-related employment and support allowance;
the maximum amount of support available under regulation 109(1) is payable;
(b)where the relevant income is less than £16,843, the maximum amount of support available under regulation 109(1) is payable;
(c)where the relevant income is £16,843, the maximum amount of support available under regulation 109(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109(1)(a);
(d)where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is the amount determined in accordance with paragraph (2);
(e)where the relevant income is £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is £50;
(f)where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 109(1)(b) is payable and no support is payable under regulation 109(1)(a);
(g)where the relevant income is £26,030 or more but less than £28,067, the amount of support payable under regulation 109(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no support is payable under regulation 109(1)(a);
(h)where the relevant income is £28,067, the amount of support payable under regulation 109(1)(b) is £50, and no support is payable under regulation 109(1)(a);
(i)where the relevant income exceeds £28,067, no support is payable under regulation 109(1).
(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 109(1)(a) is determined by deducting from the maximum amount of support available under regulation 109(1)(a) one of the following amounts—
(a)£50 plus a further £1 for each complete £7.59 by which the relevant income exceeds £16,843; or
(b)where the actual fees are less than £1,230, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,230 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109(1)(a) is payable).
Commencement Information
I107Reg. 110 in operation at 17.12.2009, see reg. 1(1)
Interpretation of regulation 110N.I.
111.—(1) For the purposes of regulation 110—
(a)subject to sub-paragraph (b), “partner” means any of the following—
(i)the spouse of an eligible distance learning student;
(ii)the civil partner of an eligible distance learning student;
(iii)a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for support and where that student began the specified designated distance learning course before 1st September 2005;
(iv)a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse or civil partner where an eligible distance learning student begins the specified designated distance learning course on or after 1st September 2005;
(b)a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible distance learning student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student;
(c)“relevant income” has the meaning given in paragraph (2).
(2) Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to the student’s financial resources in the preceding financial year less—
(i)£2,000 in respect of the student’s partner;
(ii)£2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and
(iii)£1,000 in respect of each other child who is dependent on the student or the student’s partner.
(3) Where the Department is satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year.
(4) In this regulation—
(a)“child” in relation to an eligible distance learning student includes any child of the student’s partner and any child for whom the student has parental responsibility;
(b)“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support;
(c)“dependent” means wholly or mainly financially dependent;
(d)“financial year” means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it;
(e)“financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner.
(f)“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002(59);
(g)“preceding financial year” means the financial year immediately preceding the current financial year;
(h)“specified designated distance learning course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Department from a distance learning course (the “initial course”) in connection with which the Department determined the student to be an eligible distance learning student pursuant to regulations made under Article 3 of the Order, the specified designated distance learning course means the initial course.
Commencement Information
I108Reg. 111 in operation at 17.12.2009, see reg. 1(1)
Disabled distance learning students’ allowanceN.I.
112.—(1) An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated distance learning course.
(2) An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
F117(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland [F118on the first day of the first academic year] .
[F119(4A) A student qualifying for a grant under this regulation will no longer qualify for the grant if the Department considers that the student is undertaking the course outside the United Kingdom.]
(5) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(6) The amount of the grant under this regulation must not exceed—
(a)£20,938 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,759 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.
[F120(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year, except where it is used for expenditure on major items of specialist equipment.
(8) Where regulation 106(3) applies, a student may qualify for the grant under this regulation for the purposes specified in paragraph (6)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]
Textual Amendments
F117Reg. 112(3) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21
F118Words in reg. 112(4) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(a)
F119Reg. 112(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(b)
F120Reg. 112(7)(8) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(c)
Commencement Information
I109Reg. 112 in operation at 17.12.2009, see reg. 1(1)
Applications for supportN.I.
113.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Department an application in such form as the Department may require.
(2) The application must be accompanied by—
(a)a declaration under regulation 114 completed by the academic authority; and
(b)such additional documentation as the Department may require.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible distance learning student, whether the applicant qualifies for support and the amount of support payable, if any.
(4) The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
(5) The general rule is that the application must reach the Department within a period of [F121nine] months beginning with the first day of the academic year of the course in respect of which it is submitted.
(6) The general rule does not apply where—
(a)one of the events listed in paragraph (4) of regulation 106 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the [F122ninth] month beginning with the day on which the relevant event occurred;
(b)the applicant is applying for the disabled distance learning students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(c)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F121Word in reg. 113(5) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 9
F122Word in reg. 113(6) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 10
Commencement Information
I110Reg. 113 in operation at 17.12.2009, see reg. 1(1)
Declarations provided by academic authoritiesN.I.
114.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” means—
(a)where the applicant is applying for support in connection with the designated distance learning course for the first time, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated distance learning course;
(b)in any other case, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support.
(4) In this regulation, “course information” means—
(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
(b)certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Northern Ireland; and
(c)in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability.
Commencement Information
I111Reg. 114 in operation at 17.12.2009, see reg. 1(1)
InformationN.I.
115. Schedule 4 deals with the provision of information.
Commencement Information
I112Reg. 115 in operation at 17.12.2009, see reg. 1(1)
Transfer of statusN.I.
116.—(1) Where an eligible distance learning student transfers to another distance learning course, the Department must transfer the student’s status as an eligible distance learning student to that course where—
(a)the Department receives a request from the eligible distance learning student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)the eligible distance learning student starts to undertake another designated distance learning course at the institution;
(b)the eligible distance learning student starts to undertake a designated distance learning course at another institution; or
(c)after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 109(1)(b) or regulation 112 in connection with the academic year of the course to which the student transfers.
(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 109(1)(a) in respect of the academic years to and from which the student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109.
Commencement Information
I113Reg. 116 in operation at 17.12.2009, see reg. 1(1)
Conversion of status – eligible students transferring to designated distance learning coursesN.I.
117.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible distance learning student in connection with the course to which eligible student is transferring where—
(a)the Department receives a request from the eligible student to do so; and
(b)the period of eligibility has not terminated.
(2) The following applies to a student who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student;
(b)the maximum amount of disabled distance learning students’ allowance to which the student would, apart from this regulation, be entitled in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where the student became an eligible distance learning student in the second quarter of the academic year and by two thirds where the student became such a student in a later quarter of that year;
(c)where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to the student for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and
(d)where immediately before the student became an eligible distance learning student the student was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which the student was entitled, the student may apply for such a loan or such additional amount of loan as if the student had continued to be an eligible student; and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(3) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
Commencement Information
I114Reg. 117 in operation at 17.12.2009, see reg. 1(1)
Conversion of status – eligible distance learning students transferring to designated coursesN.I.
118.—(1) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible distance learning student to do so; and
(b)the period of eligibility has not terminated.
(2) The following applies to a student who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled distance learning students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
(b)any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;
(c)the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and
(d)where an amount of disabled distance learning students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled distance learning students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
Commencement Information
I115Reg. 118 in operation at 17.12.2009, see reg. 1(1)
Payment of grants for feesN.I.
119.—(1) Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
(2) The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit.
(3) The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate.
Commencement Information
I116Reg. 119 in operation at 17.12.2009, see reg. 1(1)
Payment of grants for books, travel and other expenditure and disabled distance learning students’ allowanceN.I.
120.—(1) Payments of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible distance learning student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(2) Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance.
(3) The Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance in instalments.
(4) Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance at such times as the Department considers appropriate.
(5) The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students’ allowance before the Department has received a declaration under regulation 114 unless an exception applies.
(6) An exception applies if—
(a)a disabled distance learning students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration;
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
Commencement Information
I117Reg. 120 in operation at 17.12.2009, see reg. 1(1)
OverpaymentsN.I.
121.—(1) Any overpayment of a grant in respect of fees is recoverable by the Department from the academic authority.
(2) An eligible distance learning student must, if so required by the Department, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(3) The Department must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students’ allowance unless the Department considers that it is not appropriate to do so.
(4) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(5) A payment of the disabled distance learning students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(6) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students’ allowance unless the Department decides otherwise.
(8) The circumstances are—
(a)the Department applies all or part of the disabled distance learning students’ allowance to the purchase of specialist equipment on behalf of the eligible distance learning student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(9) The circumstances are—
(a)the eligible distance learning student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled distance learning students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
(10) Where there is an overpayment of the disabled distance learning students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Commencement Information
I118Reg. 121 in operation at 17.12.2009, see reg. 1(1)
PART 11N.I.SUPPORT FOR PART-TIME COURSES
Eligible part-time studentsN.I.
122.—(1) An eligible part-time student qualifies for support in connection with the student’s undertaking a designated part-time course subject to and in accordance with this Part.
(2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if in assessing the person’s application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.
(3) A person (“A”)is not an eligible part-time student if—
(a)[F123A is eligible to apply for,] in connection with the part-time course—
(i)a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income; or
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;
(b)A is in breach of any obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18;
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or
(e)subject to paragraph (4), A is a prisoner.
(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.
(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies 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 the borrower had no curator.
(7) Subject to paragraphs (10) to (12), if a person satisfies the conditions in paragraph (8) or (9)—
(a)paragraphs (2) and (3) do not apply to that person; and
(b)the person is an eligible part-time student for the purposes of this Part.
(8) The conditions in this paragraph are—
(a)the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible part-time student has not terminated.
(9) The conditions in this paragraph are—
(a)the Department has previously determined that the person is—
(i)an eligible student in connection with a designated course;
(ii)an eligible distance learning student in connection with a designated distance learning course; or
(iii)an eligible part-time student in connection with a designated part-time course other than the current designated part-time course;
(b)the person’s status as an eligible student, as an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible part-time student has not terminated.
(10) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(11) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(12) Paragraphs (10) and (11) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.
(13) An eligible part-time student may not, at any one time, qualify for support for—
(a)more than one designated part-time course;
(b)a designated part-time course and a designated course;
(c)a designated part-time course and a designated distance learning course;
(d)a designated part-time course and a designated postgraduate course.
Textual Amendments
F123Reg. 122(3)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 22
Commencement Information
I119Reg. 122 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible during the course of the academic yearN.I.
123.—(1) Where one of the events listed in paragraph (3) occurs in the course of an academic year—
(a)a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and
(b)a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (g), (h) or (i) of paragraph (3) occurs in the course of an academic year—
(a)a student may qualify for a grant for books, travel and other expenditure or for disabled part-time students’ allowance (or both) in respect of that academic year in accordance with this Part; and
(b)neither a grant for books, travel and other expenditure nor disabled part-time students’ allowance is available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(3) The events are—
(a)the student’s course becomes a designated part-time course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person with leave to enter or remain;
(c)a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;
(d)the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;
(e)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(f)the student acquires the right of permanent residence;
(g)the student becomes the child of a Turkish worker;
(h)the student becomes a person described in paragraph 6(1)(a) of Schedule 2; or
(i)the student becomes the child of a Swiss national.
Commencement Information
I120Reg. 123 in operation at 17.12.2009, see reg. 1(1)
Designated part-time coursesN.I.
124.—(1) Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 122 if—
(a)it is a course mentioned in Schedule 3 other than a course for the initial training of teachers;
(b)it is of at least one academic year’s duration;
(c)it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;
[F124(d)it is either—
(i)wholly provided by an authority-funded educational institution;
(ii)provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or
(iii)provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom;]
(e)it is not designated by or under regulation 6; and
(f)it is not designated under regulation 107.
(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated part-time course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.
(3) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.
(4) A first degree course is not a designated part-time course where—
(a)it leads to the award of a professional qualification;
(b)a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and
(c)the current course begins on or after 1st September 2009.
(5) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F125authority-funded] if either the university or the constituent college or institution is [F125authority-funded]; F126...
(c)an institution is not to be regarded as publicly funded [F127or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(60) [F128; and]
[F129(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]
(6) For the purposes of paragraph (1)(c)—
(a)“full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;
(b)“period ordinarily required to complete the full-time equivalent” means—
(i)where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year;
(ii)where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;
(c)“standard full-time student” is a student who is to be taken—
(i)to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;
(ii)not to have been excused any part of the full-time equivalent;
(iii)not to have repeated any part of the full-time equivalent; and
(iv)not to be absent from the full-time equivalent other than during vacations.
(7) For the purposes of Article 3 of the Order and regulation 122(1) the Department may designate courses of higher education which are not designated by paragraph (1).
Textual Amendments
F124Reg. 124(1)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(a)
F125Words in reg. 124(5)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(i)
F126Word in reg. 124(5)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(ii)
F127Words in reg. 124(5)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iii)
F128Word in reg. 124(5)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(iv)
F129Reg. 124(5)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 12(b)(v)
Commencement Information
I121Reg. 124 in operation at 17.12.2009, see reg. 1(1)
Period of eligibilityN.I.
125.—(1) A student’s status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 122.
(2) The period for which an eligible part-time student’s status is retained is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 122, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.
(4) The period of eligibility terminates when the eligible part-time student—
(a)withdraws from the designated part-time course in circumstances where the Department has not transferred or converted or will not transfer or convert the student’s status under regulation 134 or 135; or
(b)abandons or is expelled from the designated part-time course.
(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 124(1)(c).
(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 124(1)(c) even if the student increases the intensity of the student’s study.
(7) The Department may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A’s conduct that A is unfitted to receive support.
(8) If the Department is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for any particular support or particular amount of support;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 138.
(9) Where the period of eligibility terminates—
(a)before the end of the academic year in which the eligible part-time student completes the designated part-time course; and
(b)otherwise than under paragraph (5),
the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Commencement Information
I122Reg. 125 in operation at 17.12.2009, see reg. 1(1)
Assistance for part-time coursesN.I.
126.—(1) For the purposes of this regulation, the assistance available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)the basic grant, and
(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and
(b)a grant not exceeding £265 for books, travel and other expenditure in connection with the designated part-time course.
(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
(3) An eligible part-time student qualifies for assistance [F130 in respect of a course (other than a distance learning course)] —
(a)under paragraph (1)(a) if the Department considers that the student is undertaking the designated part-time course in Northern Ireland; and
(b)under paragraph (1)(b) if the Department considers that the student is undertaking the designated part-time course in the United Kingdom.
[F131(3A) Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the first academic year.
(3B) A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Department considers that the student is undertaking the course outside the United Kingdom.]
(4) An eligible part-time student does not qualify for support under this regulation if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).
(5) The loans and grants are—
(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order;
(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act; or
(c)a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.
(6) Subject to paragraphs (7) and (8), an eligible part-time student does not qualify for support under this regulation if —
(a)the current part time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or
(b)the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current part-time course before 1st September 2009.
(7) Where paragraph (8) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(8) This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 134 from a course which began before 1st September 2009.
Textual Amendments
F130Words in reg. 126(3) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 16(a)
F131Reg. 126(3A)(3B) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 16(b)
Commencement Information
I123Reg. 126 in operation at 17.12.2009, see reg. 1(1)
Amount of assistanceN.I.
127.—(1) The basic grant varies according to the intensity of study.
(2) The intensity of study is calculated as follows and expressed as a percentage—
where
PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;
FT is—
(a)where the course is provided by or on behalf of the Open University, 120;
(b)where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.
(3) For the purposes of paragraph (2) —
(a)“full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 124; and
(b)the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 124.
(4) The “basic grant” is—
(a)£820 where the intensity of study is less than 60 per cent. (“level 1”);
(b)£985 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);
(c)£1,230 where the intensity of study is 75 per cent. or more (“level 3”).
(5) Subject to paragraph (6) and regulation 134(6), the amount of assistance payable in respect of an academic year is determined as follows—
(a)if at the date of the application the eligible part-time student or the student’s partner is entitled—
(i)under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to income support or housing benefit;
(ii)under Part II of the Jobseekers (Northern Ireland) Order 1995 to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950 to training allowance or training premium; or
(iii)under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance;
the maximum amount of assistance available under regulation 126(1) is payable.
(b)where the relevant income is less than £16,843, the maximum amount of assistance available under regulation 126(1) is payable;
(c)where the relevant income is £16,843, the maximum amount of assistance available under regulation 126(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 126(1)(a);
(d)where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is the amount determined in accordance with paragraph (6);
(e)where the relevant income is £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is £50;
(f)where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of assistance available under regulation 126(1)(b) is payable and no assistance is payable under regulation 126(1)(a);
(g)where the relevant income is £26,030 or more but less than £28,067, the amount of assistance payable under regulation 126(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 126(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no assistance is payable under regulation 126(1)(a);
(h)where the relevant income is £28,067, the amount of assistance payable under regulation 126(1)(b) is £50, and no assistance is payable under regulation 126(1)(a);
(i)where the relevant income exceeds £28,067, no assistance is payable under regulation 126(1).
(6) Where paragraph (5)(d) applies, the amount of assistance payable under regulation 126(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 126(1)(a) one of the following amounts—
(a)£50 plus a further £1 for each complete £11.91, £9.69 or £7.59 by which the relevant income exceeds £16,843 according to whether the intensity of study is level 1, 2 or 3, respectively; or
(b)where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 126(1)(a) is payable).
Commencement Information
I124Reg. 127 in operation at 17.12.2009, see reg. 1(1)
Interpretation of regulation 127N.I.
128.—(1) For the purposes of regulation 127—
(a)subject to sub-paragraph (b), “partner” means any of the following—
(i)the spouse of an eligible part-time student;
(ii)the civil partner of an eligible part-time student;
(iii)a person ordinarily living with an eligible part-time student as if the person were the student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005;
(iv)a person ordinarily living with an eligible part-time student as if the person were the student’s spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005;
(b)a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—
(i)in the opinion of the Department, that person and the eligible part-time student are separated; or
(ii)the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student;
(c)“relevant income” has the meaning given in paragraph (2).
(2) Subject to paragraph (3), an eligible part-time student’s relevant income is equal to the student’s financial resources in the preceding financial year less—
(i)£2,000 in respect of the student’s partner;
(ii)£2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and
(iii)£1,000 in respect of each other child who is dependent on the student or the student’s partner.
(3) Where the Department is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year.
(4) In this regulation—
(a)“child” in relation to an eligible part-time student includes any child of the student’s partner and any child for whom the student has parental responsibility;
(b)“current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;
(c)“dependent” means wholly or mainly financially dependent;
(d)“financial year” means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;
(e)“financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner;
(f)“income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;
(g)“preceding financial year” means the financial year immediately preceding the current financial year;
(h)“specified designated part-time course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Department from a part-time course (the “initial course”) in connection with which the Department determined the student to be an eligible part-time student pursuant to regulations made under Article 3 of the Order, the specified designated part-time course means the initial course.
Commencement Information
I125Reg. 128 in operation at 17.12.2009, see reg. 1(1)
Assistance with fees in respect of attendance on a course in England, Wales or ScotlandN.I.
129.—(1) The Department may pay support to assist with fees to an eligible part-time student in connection with the student’s attendance on a designated part-time course in England, Wales or Scotland.
(2) The assistance paid under paragraph (1) must not exceed the lesser of—
(a)the maximum amount of assistance that would have been payable to the eligible part-time student under regulation 126(1)(a) had the student been undertaking the course in Northern Ireland; and
(b)the maximum amount of support to assist with fees that in the opinion of the Department would have been payable according to whether the student attends the designated part-time course in England, Wales or Scotland—
(i)pursuant to regulations made by the Secretary of State under section 22 of the 1998 Act had he been ordinarily resident in England and undertaking the part-time course in England;
(ii)pursuant to regulations made by the Welsh Ministers or the National Assembly for Wales under section 22 of the 1998 Act had the student been ordinarily resident in Wales and undertaking the part-time course in Wales; or
(iii)from funds of the Scottish Further and Higher Education Funding Council(61) had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.
Commencement Information
I126Reg. 129 in operation at 17.12.2009, see reg. 1(1)
Disabled part-time students’ allowanceN.I.
130.—(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated part-time course.
(2) An eligible part-time student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
(3) An eligible part-time student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated part-time course in the United Kingdom.
(4) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.
(5) The amount of the grant under this regulation must not exceed—
(a)£15,703 in respect of an academic year for expenditure on a non-medical personal helper;
(b)£5,266 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;
(c)the additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as a part of the course, any period of study at an overseas institution or for the purpose of attending the Institute;
(d)£1,319 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.
[F132(6) Subject to paragraph (7), the grant under this regulation is payable in respect of the four quarters of the academic year, except where the allowance is used for expenditure on major items of specialist equipment.
(7) Where one of the events listed in regulation 123(3)(a), (b), (e), (f), (g), (h) or (i) occurs in the course of an academic year, a student may qualify for the grant under this regulation for the purposes specified in paragraph (5)(a), (c) or (d) in respect of such quarters as begin after the relevant event occurs.]
Textual Amendments
F132Reg. 130(6)(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 17
Commencement Information
I127Reg. 130 in operation at 17.12.2009, see reg. 1(1)
Applications for supportN.I.
131.—(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Department an application in such form as the Department may require.
(2) The application must be accompanied by—
(a)a declaration under regulation 132 completed by the academic authority; and
(b)such additional documentation as the Department may require.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any.
(4) The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any.
(5) The general rule is that the application must reach the Department not later than the end of the [F133ninth] month beginning with the first day of the academic year of the course in respect of which it is submitted.
(6) The general rule does not apply where—
(a)one of the events listed in paragraph (3) of regulation 123 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the [F134ninth] month beginning with the day on which the relevant event occurred;
(b)the applicant is applying for the disabled part-time students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or
(c)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.
Textual Amendments
F133Word in reg. 131(5) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 11
F134Word in reg. 131(6) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 12
Commencement Information
I128Reg. 131 in operation at 17.12.2009, see reg. 1(1)
Declarations provided by academic authoritiesN.I.
132.—(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support.
(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.
(3) In this Part, “declaration” means—
(a)where the applicant is applying for support in connection with the designated part-time course for the first time, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has undertaken at least two weeks of the designated part-time course;
(b)in any other case, a statement that—
(i)provides the course information; and
(ii)confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support.
(4) In this regulation, “course information” means—
(a)the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;
(b)the intensity of study;
(c)certification by the academic authority that it considers—
(i)the course to be a designated part-time course;
(ii)that it will be possible for the applicant to complete the course within the period specified in regulation 124(1)(c).
(5) For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to—
(a)any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 124(1)(c);
(b)any parts of the course which the applicant has been required to repeat.
Commencement Information
I129Reg. 132 in operation at 17.12.2009, see reg. 1(1)
InformationN.I.
133. Schedule 4 deals with the provision of information.
Commencement Information
I130Reg. 133 in operation at 17.12.2009, see reg. 1(1)
Transfer of statusN.I.
134.—(1) Where an eligible part-time student transfers to another part-time course, the Department must transfer the student’s status as an eligible part-time student to that course where—
(a)the Department receives a request from the eligible part-time student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)the eligible part-time student starts to undertake another designated part-time course at the institution;
(b)the eligible part-time student starts to undertake a designated part-time course at another institution; or
(c)after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.
(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 126(1)(b) or regulation 130 in connection with the academic year of the course to which the student transfers.
(6) Where a student transfers under paragraph (1), the maximum amount of assistance under regulation 126(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 127.
Commencement Information
I131Reg. 134 in operation at 17.12.2009, see reg. 1(1)
Conversion of statusN.I.
135.—(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible student to do so; and
(b)the period of eligibility has not terminated.
(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated course from which the student transfers.
(3) The following applies to a student (“A”) who transfers under paragraph (1)—
(a)where the Department has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;
(b)the maximum amount of disabled part-time students’ allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;
(c)where an amount of disabled students’ allowance for any purpose has been paid to A under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to A for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and
(d)where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which A was entitled, A may apply for such a loan or such additional amount of loan as if A had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.
(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.
(5) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible distance learning student to do so; and
(b)the period of eligibility has not terminated.
(6) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.
(7) Subject to paragraph (8), a student who transfers under paragraph (5) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under Part 10 in respect of the academic year of the designated distance learning course from which the student transfers.
(8) The Department may re-assess the amount of support payable after the transfer.
(9) An eligible student who transfers under paragraph (5) after the Department has determined the student’s support in connection with the academic year of the distance learning course from which the student is transferring but before the student completes that year—
(a)may not apply for a grant under regulation 126(1)(b) if the student has already applied for a grant under regulation 109(1)(b);
(b)may not apply for a grant under regulation 130 if the student has already applied for a grant under regulation 112.
(10) Where a student transfers under paragraph (5), the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of—
(a)the academic year from which the student transfers; and
(b)the academic year to which the student transfers;
must not exceed the amount of support determined to be payable to the student under regulation 111(1)(a).
(11) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible part-time student to do so; and
(b)the period of eligibility has not terminated.
(12) The following applies to a student who transfers under paragraph (11)—
(a)where the Department has determined to pay an amount of disabled part-time students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;
(b)any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;
(c)the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and
(d)where an amount of disabled part-time students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled part-time students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.
(13) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which the student is transferring where—
(a)the Department receives a request from the eligible part-time student to do so; and
(b)the period of eligibility has not terminated.
(14) Subject to paragraph (15), a student who transfers under paragraph (13) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers.
(15) The Department may re-assess the amount of support payable after the transfer.
(16) An eligible student who transfers under paragraph (13) after the Department has determined the student’s support in connection with the academic year of the part-time course from which the student is transferring but before the student completes that year—
(a)may not apply for a grant under regulation 109(1)(b) if the student has already applied for a grant under regulation 126(1)(b);
(b)may not apply for a grant under regulation 112 if the student has already applied for a grant under regulation 130.
(17) Where a student transfers under paragraph (13), the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of—
(a)the academic year from which the student transfers; and
(b)the academic year to which the student transfers;
must not exceed the maximum amount of support determined to be payable to the student under regulation 109(1)(a).
Commencement Information
I132Reg. 135 in operation at 17.12.2009, see reg. 1(1)
Payment of grants for books, travel and other expenditure and disabled part-time students’ allowancesN.I.
136.—(1) Payments of the grant for books, travel and other expenditure and the disabled part-time students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible part-time student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(2) Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled part-time students’ allowance.
(3) The Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance in instalments.
(4) Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance at such times as the Department considers appropriate.
(5) The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students’ allowance before the Department has received a declaration under regulation 132 unless an exception applies.
(6) An exception applies if—
(a)a disabled part-time students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration;
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration.
Commencement Information
I133Reg. 136 in operation at 17.12.2009, see reg. 1(1)
Payment of grants for feesN.I.
137.—(1) Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.
(2) The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit.
(3) The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate.
Commencement Information
I134Reg. 137 in operation at 17.12.2009, see reg. 1(1)
OverpaymentsN.I.
138.—(1) Any overpayment of a grant in respect of fees is recoverable by the Department from the academic authority.
(2) An eligible part-time student must, if so required by the Department, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(3) The Department must recover an overpayment of grant for books, travel and other expenditure and disabled part-time students’ allowance unless the Department considers that it is not appropriate to do so.
(4) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(5) A payment of the disabled part-time students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(6) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students’ allowance unless the Department decides otherwise.
(8) The circumstances are—
(a)the Department applies all or part of the disabled part-time students’ allowance to the purchase of specialist equipment on behalf of the eligible part-time student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(9) The circumstances are—
(a)the eligible part-time student’s period of eligibility terminates after the relevant date; and
(b)a payment of the disabled part-time students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.
(10) Where there is an overpayment of the disabled part-time students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Commencement Information
I135Reg. 138 in operation at 17.12.2009, see reg. 1(1)
PART 12N.I.SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES
Eligible postgraduate studentsN.I.
139.—(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated postgraduate course.
(2) Subject to paragraph (4), a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student’s application for support the Department determines that the student satisfies the conditions in paragraph (3).
(3) The conditions are—
(a)the person falls within one of the categories set out in Part 2 of Schedule 2; and
(b)by reason of a disability to which the student is subject, the student will be obliged to incur additional expenditure in respect of undertaking the course.
(4) A person (“A”) is not an eligible postgraduate student if—
(a)[F135A is eligible to apply for,] in connection with the course—
(i)a healthcare bursary;
(ii)any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;
(iii)any allowance, bursary or award of similar description made by a Research Council;
(iv)any allowance, bursary or award of similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability; or
(v)any allowance, bursary or award of similar description made under section 14(4)(a) of the Health and Personal Social Services Act (Northern Ireland) 2001(62) which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;
(b)A is in breach of an obligation to repay any loan;
(c)A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or
(d)A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support.
(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.
(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies 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 the borrower had no curator.
(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.
(8) An eligible postgraduate student does not qualify for a grant under this Part unless the Department considers that the student is undertaking the course in the United Kingdom.
(9) Subject to paragraphs (12) to (14), if a person satisfies the conditions in paragraph (3)(b) and in paragraph (10) or (11)—
(a)paragraphs (3)(a) and (4) do not apply to that person; and
(b)the person is an eligible postgraduate student for the purposes of this Part.
(10) The conditions are—
(a)the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Department under Article 3 of the Order; and
(b)the person’s status as an eligible postgraduate student has not terminated.
(11) The conditions are—
(a)the Department has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course;
(b)the student’s status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and
(c)the person’s status as an eligible postgraduate student has not terminated.
(12) Where—
(a)the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(13) Where—
(a)the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and
(b)as at the day before the academic year in respect of which A is applying for support, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),
A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.
(14) Paragraphs (12) and (13) do not apply where A began the course in connection with which the Department determined that A was an eligible postgraduate student before 1st September 2007.
(15) An eligible postgraduate student may not, at any one time, qualify for support for—
(a)more than one designated postgraduate course;
(b)a designated postgraduate course and a designated distance learning course;
(c)a designated postgraduate course and a designated course;
(d)a designated postgraduate course and a designated part-time course.
Textual Amendments
F135Reg. 139(4)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 23
Commencement Information
I136Reg. 139 in operation at 17.12.2009, see reg. 1(1)
Students becoming eligible in the course of an academic yearN.I.
140.—(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 grant under this Part in respect of that academic year in accordance with this Part; and
(b)a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.
(2) The events are—
(a)the student’s course becomes a designated postgraduate course;
(b)the student or the student’s spouse, civil partner or parent is recognised as a refugee or becomes a person with leave to enter or remain;
(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;
(d)the student acquires the right of permanent residence;
(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
(g)the student becomes the child of a Swiss national.
Commencement Information
I137Reg. 140 in operation at 17.12.2009, see reg. 1(1)
Designated postgraduate coursesN.I.
141.—(1) A postgraduate course is designated for the purposes of Article 3(1) of the Order and regulation 139 if—
(a)it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;
(b)it is a course—
(i)of at least one academic year’s duration; and
(ii)in the case of a part-time course, it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;
[F136(c)it is either—
(i)wholly provided by an authority-funded educational institution;
(ii)provided by a publicly funded institution in the United Kingdom on behalf of an authority-funded educational institution; or
(iii)provided by an authority-funded educational institution in conjunction with an institution outside the United Kingdom;]
(d)it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.
(2) For the purposes of paragraph (1)—
(a)a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course;
(b)a university and any constituent college or institution in the nature of a college of a university is to be regarded as [F137authority-funded] if either the university or the constituent college or institution is [F137authority-funded]; F138...
(c)an institution is not to be regarded as publicly funded [F139or authority-funded] by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(63) [F140; and]
[F141(d)a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution.]
(3) For the purposes of paragraph (1)(b)(ii)—
(a)“full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;
(b)“period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;
(c)“standard full-time student” means a student who is to be taken—
(i)to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;
(ii)not to have been excused any part of the full-time equivalent;
(iii)not to have repeated any part of the full-time equivalent; and
(iv)not to be absent from the full-time equivalent other than during vacations.
(4) For the purposes of Article 3 of the Order and regulation 139, the Department may designate courses of higher education which are not designated under paragraph (1).
Textual Amendments
F136Reg. 141(1)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(a)
F137Words in reg. 141(2)(b) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(i)
F138Word in reg. 141(2)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(ii)
F139Words in reg. 141(2)(c) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(iii)
F140Word in reg. 141(2)(c) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(iv)
F141Reg. 141(2)(d) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 13(b)(v)
Commencement Information
I138Reg. 141 in operation at 17.12.2009, see reg. 1(1)
Period of eligibilityN.I.
142.—(1) A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until the status is terminated in accordance with this regulation or regulation 139.
(2) The period for which an eligible postgraduate student retains the status is the “period of eligibility”.
(3) Subject to the following paragraphs and regulation 139, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course.
(4) The period of eligibility terminates when the eligible postgraduate student—
(a)withdraws from the designated postgraduate course in circumstances where the Department has not transferred or will not transfer the student’s status as an eligible postgraduate student to another course under regulation 143; or
(b)abandons or is expelled from the designated postgraduate course.
(5) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the relevant academic year where the student cannot complete the course within the period specified in regulation 141(1)(b)(ii).
(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 141(1)(b)(ii).
(7) The Department may terminate the period of eligibility where the eligible postgraduate student (“A”) has shown by A’s conduct that A is unfitted to receive support.
(8) If the Department is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—
(a)terminate the period of eligibility;
(b)determine that the student no longer qualifies for a grant or any particular amount of grant;
(c)treat any support paid to the student as an overpayment which may be recovered under regulation 148.
(9) Where the period of eligibility terminates—
(a)before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and
(b)otherwise than under paragraph (5),
the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.
Commencement Information
I139Reg. 142 in operation at 17.12.2009, see reg. 1(1)
Transfer of statusN.I.
143.—(1) Where an eligible postgraduate student transfers to another postgraduate course, the Department must transfer the student’s status as an eligible postgraduate student to that course where—
(a)the Department receives a request from the eligible postgraduate student to do so;
(b)the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and
(c)the period of eligibility has not terminated.
(2) The grounds for transfer are—
(a)on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or
(b)the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.
(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.
(4) The Department may re-assess the amount of support payable after the transfer.
(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the student transfers.
Commencement Information
I140Reg. 143 in operation at 17.12.2009, see reg. 1(1)
Applications for supportN.I.
144.—(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.
(2) The application must reach the Department as soon as is reasonably practicable.
(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any.
(4) The Department must notify the applicant—
(a)whether the applicant qualifies for a grant;
(b)if the applicant does qualify, the amount payable in respect of the academic year, if any; and
(c)how that amount is allocated between the types of eligible expenditure.
Commencement Information
I141Reg. 144 in operation at 17.12.2009, see reg. 1(1)
InformationN.I.
145. Schedule 4 deals with the provision of information.
Commencement Information
I142Reg. 145 in operation at 17.12.2009, see reg. 1(1)
Amount of grantN.I.
146.—(1) Subject to paragraph (2), the grant under this Part is such amount as the Department considers appropriate to assist with one or more types of eligible expenditure.
(2) The grant must not exceed [F142£10,469] in respect of an academic year.
(3) For the purposes of this Part, the “types of eligible expenditure” are—
(a)expenditure on a non-medical helper;
(b)expenditure on major items of specialist equipment; and
(c)additional expenditure incurred—
(i)within the United Kingdom for the purpose of attending the institution;
(ii)within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.
[F143(4) Subject to paragraph (5), the grant under this Part is payable in respect of the four quarters of the academic year, except where the grant is used for expenditure on major items of specialist equipment as provided for in paragraph (3)(b).
(5) Where one of the events listed in regulation 140(2) occurs in the course of an academic year, a student may qualify for a grant under this Part in respect of such quarters as begin after the relevant event occurs, except where the grant is used for the type of expenditure specified in paragraph 3(b).]
Textual Amendments
F142Reg. 146(2) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 24
F143Reg. 146(4)(5) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 18
Commencement Information
I143Reg. 146 in operation at 17.12.2009, see reg. 1(1)
Payment of grantN.I.
147.—(1) The Department may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as the Department considers appropriate and in the exercise of the Department’s functions under this Part the Department may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.
(2) Payments are made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible postgraduate student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Commencement Information
I144Reg. 147 in operation at 17.12.2009, see reg. 1(1)
OverpaymentsN.I.
148.—(1) An eligible postgraduate student must, if so required by the Department, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.
(2) The Department must recover an overpayment of grant under this Part unless the Department considers it is not appropriate to do so.
(3) The methods of recovery are—
(a)subtracting the overpayment from any kind of grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;
(b)taking such other action for the recovery of an overpayment as is available to the Department.
(4) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.
(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(6) In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Department decides otherwise.
(7) The circumstances are—
(a)the Department applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;
(b)the student’s period of eligibility terminates after the relevant date; and
(c)the equipment has not been delivered to the student before the period of eligibility terminated.
(8) The circumstances are—
(a)the eligible postgraduate student’s period of eligibility terminates; and
(b)a payment of grant under this Part in respect of specialist equipment is made to the student after the period of eligibility terminated.
(9) Where there is an overpayment of the grant under this Part, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.
Commencement Information
I145Reg. 148 in operation at 17.12.2009, see reg. 1(1)
Regulation 3
SCHEDULE 1N.I.AMENDMENT OF THE 2009 REGULATIONS
1. The 2009 Regulations are amended by paragraphs 2 to 4.N.I.
Commencement Information
I146Sch. 1 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. In regulation 112—N.I.
(a)at the beginning of paragraph (7)(a) insert “Subject to paragraphs (7A) and (7B),”;
(b)in paragraph (7)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (7) insert—
“(7A) Where paragraph (7B) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(7B) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 119 from a course which began before 1st September 2009.”
Commencement Information
I147Sch. 1 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. In regulation 129—N.I.
(a)at the beginning of paragraph (6) insert “Subject to paragraphs (6A) and (6B),”;
(b)in paragraph (6)(a) after “equivalent or lower qualification” insert “, where the student begins the course on or after 1st September 2009”;
(c)after paragraph (6) insert—
“(6A) Where paragraph (6B) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.
(6B) This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 137 from a course which began before 1st September 2009.”
Commencement Information
I148Sch. 1 para. 3 in operation at 17.12.2009, see reg. 1(1)
4. In Schedule 2 (Eligible students), Part 2, paragraph 4(1)(b) substitute “person” for “student”.N.I.
Commencement Information
I149Sch. 1 para. 4 in operation at 17.12.2009, see reg. 1(1)
Regulations 5, 105, 122 and 139
SCHEDULE 2N.I.ELIGIBLE STUDENTS
PART 1N.I.Interpretation
1.—(1) For the purposes of this Schedule—N.I.
“EEA frontier self-employed person” means an EEA national who—
is a self-employed person in Northern Ireland; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA frontier worker” means an EEA national who—
is a worker in Northern Ireland; and
resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;
“EEA national” means a national of an EEA State other than the United Kingdom;
“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;
“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;
“European Economic Area” means the area comprised by the EEA States;
“family member” unless otherwise indicated, means—
in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—
that person’s spouse or civil partner;
[F144direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner; or]
dependent direct relatives in the ascending line of that person or that of the person’s spouse or civil partner;
in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—
that person’s spouse or civil partner; or
that person’s child or the child of that person’s spouse or civil partner;
in relation to an EC national who falls within the meaning of article 7(1)(c) of Directive 2004/38—
that person’s spouse or civil partner; or
direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner;
in relation to an EC national who falls within the meaning of article 7(1)(b) of Directive 2004/38—
that person’s spouse or civil partner;
direct descendants of the person or of the person’s spouse or civil partner who are—
under the age of 21; or
dependents of the person or the person’s spouse or civil partner; or
dependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;
in relation to a United Kingdom national, for the purposes of paragraph 9—
the person’s spouse or civil partner; or
direct descendants of the person or the person’s spouse or civil partner who are—
under the age of 21; or
dependants of the person or the person’s spouse or civil partner;
“self-employed person” means—
in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; or
in relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;
“settled” has the meaning given by section 33(2A) of the Immigration Act 1971(64);
“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999(65) and which came into force on 1st June 2002;
“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;
“Swiss frontier employed person” means a Swiss national who—
is an employed person in Northern Ireland; and
resides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss frontier self-employed person” means a Swiss national who—
is a self-employed person in Northern Ireland; and
resides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;
“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom
“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.
[F145(2) For the purposes of this Schedule, “parent” [F146means a parent, guardian or] and any other person having parental responsibility and “child” is to be construed accordingly.]
[F147(2A) For the purposes of this Schedule, a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place.]
(3) For the purposes of this Schedule, a person who is ordinarily resident in Northern Ireland, England, Wales, Scotland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—
(a)the current course; or
(b)a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course,
is to be considered to be ordinarily resident in the place from which the person moved.
(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—
(a)A;
(b)A’s spouse or civil partner;
(c)A’s parent; or
(d)in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed outside the area in question.
(5) For the purposes of sub-paragraph (4), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—
(a)in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and
(b)in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and
(c)in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.
(6) For the purposes of this Schedule an area which —
(a)was previously not part of the European Community or the European Economic Area; but
(b)at any time before or after these Regulations come into operation has become part of one or other or both of these areas,
is to be considered to have always been a part of the European Economic Area.
Textual Amendments
F144Words in Sch. 2 para. 1(1) substituted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 25
F145Sch. 2 para. 1(2) substituted (21.3.2012) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/62), regs. 1, 13
F146Words in Sch. 2 para. 1(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 19(a)
F147Sch. 2 para. 1(2A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 19(b)
Commencement Information
I150Sch. 2 para. 1 in operation at 17.12.2009, see reg. 1(1)
PART 2N.I.Categories
Persons who are settled in the United KingdomN.I.
2.—(1) A person who on the first day of the first academic year of the course—
(a)is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;
(b)is ordinarily resident in Northern Ireland;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).
Commencement Information
I151Sch. 2 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. A person who—
(a)is settled in the United Kingdom by virtue of having acquired the right of permanent residence;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
Commencement Information
I152Sch. 2 para. 3 in operation at 17.12.2009, see reg. 1(1)
Refugees and their family membersN.I.
4.—(1) A person—
(a)who is a refugee;
(b)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the person was recognised as a refugee; and
(c)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a refugee;
(b)who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;
(c)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
(3) A person—
(a)who is the child of a refugee or the child of the spouse or civil partner of a refugee;
(b)who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;
(c)who was under 18 on the date on which the refugee made the application for asylum;
(d)who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and
(e)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.
Commencement Information
I153Sch. 2 para. 4 in operation at 17.12.2009, see reg. 1(1)
Persons with leave to enter or remain and their family membersN.I.
5.—(1) A person—
(a)with leave to enter or remain;
(b)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
(2) A person—
(a)who is the spouse or civil partner of a person with leave to enter or remain;
(b)who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;
(c)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(d)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
(3) A person—
(a)who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;
(b)who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;
(c)who was under 18 on the date on which the person with leave to enter or remain made the application for asylum;
(d)who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(e)who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.
Commencement Information
I154Sch. 2 para. 5 in operation at 17.12.2009, see reg. 1(1)
Workers, employed persons, self-employed persons and their family membersN.I.
6.—(1) A person who—
(a)is—
(i)an EEA migrant worker or an EEA self-employed person;
(ii)a Swiss employed person or a Swiss self-employed person;
(iii)a family member of a person mentioned in paragraph (i) or (ii);
(iv)an EEA frontier worker or an EEA frontier self-employed person;
(v)a Swiss frontier employed person or a Swiss frontier self-employed person; or
(vi)a family member of a person mentioned in paragraph (iv) or (v);
(b)subject to sub-paragraph (2), is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.
(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).
Commencement Information
I155Sch. 2 para. 6 in operation at 17.12.2009, see reg. 1(1)
7. A person who—
(a)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(b)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(c)is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers(66), as extended by the EEA Agreement.
Commencement Information
I156Sch. 2 para. 7 in operation at 17.12.2009, see reg. 1(1)
Persons who are settled in the United Kingdom and have exercised a right of residence elsewhereN.I.
8.—(1) A person who—
(a)is settled in the United Kingdom;
(b)was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;
(c)is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;
(d)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(e)in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).
(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if the person goes to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.
Commencement Information
I157Sch. 2 para. 8 in operation at 17.12.2009, see reg. 1(1)
EC nationalsN.I.
9.—(1) A person who—
(a)is either—
(i)an EC national on the first day of the first academic year of the course; or
(ii)a family member of a such a person;
(b)is—
(i)attending a designated course in Northern Ireland; or
(ii)undertaking a compressed degree course, designated part-time course or a designated postgraduate course in Northern Ireland;
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)subject to sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.
(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(4).
(3) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the first day of the first academic year of the course is treated as being satisfied.
Commencement Information
I158Sch. 2 para. 9 in operation at 17.12.2009, see reg. 1(1)
10.—(1) A person who—
(a)is an EC national other than a United Kingdom national on the first day of the first academic year of the course;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course; and
(d)in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).
(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.
Commencement Information
I159Sch. 2 para. 10 in operation at 17.12.2009, see reg. 1(1)
Children of Swiss nationalsN.I.
11. A person who—
(a)is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;
(c)has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and
(d)in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).
Commencement Information
I160Sch. 2 para. 11 in operation at 17.12.2009, see reg. 1(1)
Children of Turkish workersN.I.
12. A person who—
(a)is the child of a Turkish worker;
(b)is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and
(c)has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.
Commencement Information
I161Sch. 2 para. 12 in operation at 17.12.2009, see reg. 1(1)
Regulations 6(1), 107(2) and 124(1)
SCHEDULE 3N.I.DESIGNATED COURSES
1. A first degree course.N.I.
Commencement Information
I162Sch. 3 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. A course for the Diploma of Higher Education.N.I.
Commencement Information
I163Sch. 3 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. A course for the Higher National Diploma or Higher National Certificate of—N.I.
(a)the Business & Technician Education Council; or
(b)the Scottish Qualifications Authority.
Commencement Information
I164Sch. 3 para. 3 in operation at 17.12.2009, see reg. 1(1)
4. A course for the Certificate of Higher Education.N.I.
Commencement Information
I165Sch. 3 para. 4 in operation at 17.12.2009, see reg. 1(1)
5. A course for the initial training of teachers.N.I.
Commencement Information
I166Sch. 3 para. 5 in operation at 17.12.2009, see reg. 1(1)
F1486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F148Sch. 3 para. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 14
7. A course in preparation for a professional examination of a standard higher than that of—N.I.
(a)examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or
(b)the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,
not being a course for entry to which a first degree (or equivalent qualification) is normally required.
Commencement Information
I167Sch. 3 para. 7 in operation at 17.12.2009, see reg. 1(1)
8. A course—N.I.
(a)providing education (whether or not in preparation for an examination) the standard of which is higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) but not higher than that of a first degree course; and
(b)for entry to which a first degree (or equivalent qualification) is not normally required.
Commencement Information
I168Sch. 3 para. 8 in operation at 17.12.2009, see reg. 1(1)
Regulations 11, 115, 133 and 145
SCHEDULE 4N.I.INFORMATION
1. Every applicant, eligible student, eligible distance learning student, eligible part-time student and eligible postgraduate student must, as soon as reasonably practicable after being requested to do so, provide the Department with such information as the Department considers the Department requires for the purposes of these Regulations.N.I.
Commencement Information
I169Sch. 4 para. 1 in operation at 17.12.2009, see reg. 1(1)
2. Every applicant, eligible student, eligible distance learning student, eligible part-time student and eligible postgraduate student must forthwith inform the Department and provide the Department with particulars if any of the following occurs—N.I.
(a)the applicant or student withdraws from, abandons or is expelled from the course;
(b)the applicant or student transfers to any other course at the same or at a different institution;
(c)the applicant or student ceases to undertake the course and does not intend to or is not permitted to continue it for the remainder of the academic year;
(d)the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;
(e)the month for the start or completion of the course changes;
(f)the applicant or student’s home or term-time address or telephone number changes.
Commencement Information
I170Sch. 4 para. 2 in operation at 17.12.2009, see reg. 1(1)
3. Information provided to the Department pursuant to these Regulations must be in the format that the Department requires and, if the Department requires the information to be signed by the person providing it, an electronic signature in such form as it may specify satisfies such a requirement.N.I.
Commencement Information
I171Sch. 4 para. 3 in operation at 17.12.2009, see reg. 1(1)
Regulation 87
SCHEDULE 5N.I.FINANCIAL ASSESSMENT
DefinitionsN.I.
1.—(1) In this Schedule:—
(a)“financial year” means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it;
(b)“household income” has the meaning given in paragraph 3;
(c)“independent eligible student” has the meaning given in paragraph 2;
(d)“Member State” means a Member State of the European Union;
(e)“new eligible student” means an eligible student who begins a specified designated course on or after 1st September 2004;
(f)“parent” means a natural or adoptive parent and “child”, “mother” and “father” are to be construed accordingly;
(g)“parent student” means an eligible student who is the parent of an eligible student;
(h)“partner” in relation to an eligible student means any of the following—
(i)the spouse of an eligible student;
(ii)the civil partner of an eligible student;
(iii)a person ordinarily living with an eligible student as if the person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2000;
(iv)a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) and the student begins the specified designated course on or after 1st September 2005;
(i)“partner” in relation to the parent of an eligible student means any of the following other than another parent of the eligible student—
(i)the spouse of an eligible student’s parent;
(ii)the civil partner of an eligible student’s parent;
(iii)a person ordinarily living with the parent of an eligible student as if the person were the parent’s spouse;
(iv)a person ordinarily living with the parent of an eligible student as if the person were the parent’s civil partner;
(j)“preceding financial year” means the financial year immediately preceding the relevant year;
(k)“prior financial year” means the financial year immediately preceding the preceding financial year;
(l)“relevant year” means the academic year of the course in respect of which the household income falls to be assessed;
(m)“residual income” means taxable income after the application of paragraph 4 (in the case of an eligible student), paragraph 5 (in the case of an eligible student’s parent), paragraph 6 (in the case of an eligible student’s partner) or paragraph 7 (in the case of the partner of a new eligible student’s parent) and income referred to in sub-paragraph (2) received net of income tax;
[F149(n)“taxable income” means, in relation to paragraph 4, in respect of the academic year for which an application has been made under regulation 9 and, in relation to paragraph 5, in respect (subject to sub-paragraphs (3), (4) and (5) of paragraph 5) of the prior financial year—
(i)the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;
(ii)A’s total income from all sources as determined for the purposes of the income tax legislation of another Member State which applies to A’s income; or
(iii)where the legislation of more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest (except as otherwise provided in paragraph 5),
except that no account is taken of income referred to in sub-paragraph (2) paid to another party;]
(2) The income referred to in this sub-paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978(67) which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004(68) which includes provision made by virtue of Parts 6 and 7 of that Schedule.
Textual Amendments
F149Sch. 5 para. 1(1)(n) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(a)
Commencement Information
I172Sch. 5 para. 1 in operation at 17.12.2009, see reg. 1(1)
Independent eligible studentN.I.
2.—(1) An independent eligible student is an eligible student where—
(a)the student is aged 25 or over on the first day of the relevant year;
(b)the student is married or is in a civil partnership before the beginning of the relevant year, whether or not the marriage or civil partnership is still subsisting;
(c)the student has no parent living;
(d)the Department is satisfied that neither of the student’s parents can be found or that it is not reasonably practicable to get in touch with either of them;
(e)the student has communicated with neither of the student’s parents for the period of one year before the beginning of the relevant year or, in the opinion of the Department, the student can demonstrate on other grounds that the student is irreconcilably estranged from the student’s parents;
(f)the student was looked after by an authority (within the meaning of Article 25 of the Children (Northern Ireland) Order 1995(69)) throughout any three-month period ending on or after the date on which the student reached the age of 16 and before the first day of the first academic year of the course (“the relevant period”) provided that the student has not in fact at any time during the relevant period been under the charge or control of the student’s parents;
(g)the student’s parents are residing outside the European Community and the Department is satisfied that either—
(i)the assessment of the household income by reference to their residual income would place those parents in jeopardy; or
(ii)it would not be reasonably practicable for those parents as a result of the calculation of any contribution under paragraph 8 or 9 to send any relevant funds to the United Kingdom;
(h)paragraph 5(9) applies and the parent whom the Department considered the more appropriate for the purposes of that paragraph has died (irrespective of whether the parent in question had a partner);
(i)in the case of a student who began the current course before 1st September 2009, the student is a member of a religious order who resides in a house of that order;
(j)as at the first day of the relevant year, the student has the care of a person under the age of 18; or
(k)the student (“A”) has supported A out of A’s earnings for any period or periods ending before the first academic year of the course which periods together aggregate not less than three years, and for the purposes of this sub-paragraph A is to be treated as supporting A out of A’s earnings during any period in which—
(i)A was participating in arrangements for training for the unemployed under any scheme operated by, sponsored or funded by any state authority or agency, whether national, regional or local (“a relevant authority”);
(ii)A was in receipt of benefit payable by any relevant authority in respect of a person who is available for employment but who is unemployed;
(iii)A was available for employment and had complied with any requirement of registration imposed by a relevant authority as a condition of entitlement for participation in arrangements for training or receipt of benefit;
(iv)A held a state studentship or comparable award; or
(v)A received any pension, allowance or other benefit paid by any person by reason of a disability to which A is subject, or by reason of confinement, injury or sickness.
(2) An eligible student who qualifies as an independent eligible student under sub-paragraph (1)(j) in respect of an academic year of a designated course retains that status for the duration of the period of eligibility.
Commencement Information
I173Sch. 5 para. 2 in operation at 17.12.2009, see reg. 1(1)
Household incomeN.I.
3.—(1) The amount of an eligible student’s contribution depends on the household income.
(2) The household income is—
(a)in the case of an eligible student who is not an independent eligible student, the residual income of the eligible student aggregated with the residual income of the eligible student’s parents (subject to paragraph 5 (9)) and—
(i)in the case of a new eligible student who began the specified designated course before 1st September 2005, the residual income of the partner (other than a partner within the meaning of paragraph 1(j)(iv)) of the student’s parent (provided that the Department has selected that parent under paragraph 5(9); or
(ii)in the case of a new eligible student who began the specified designated course on or after 1st September 2005, the residual income of the partner of the student’s parent (provided that the Department has selected that parent under paragraph 5(9));
(b)in the case of an independent eligible student who has a partner, the residual income of the eligible student aggregated with the residual income of the eligible student’s partner (subject to sub-paragraph (4)); or
(c)in the case of an independent eligible student who does not have a partner, the residual income of the eligible student.
(3) In determining the household income under sub-paragraph (2), there is deducted the sum of £1,153—
(a)for each child wholly or mainly financially dependent on the eligible student or the eligible student’s partner; or
(b)for each child other than the eligible student wholly or mainly financially dependent on the eligible student’s parent or the eligible student’s parent’s partner whose residual income is being taken into account.
(4) For the purpose of calculating the contribution payable in respect of a parent student, the residual income of the parent student’s partner must not be aggregated under paragraph (b) of sub-paragraph (2) in the case of a parent student whose child or whose partner’s child holds an award in respect of which the household income is calculated with reference to the residual income of the parent student or of the parent student’s partner or of both.
Commencement Information
I174Sch. 5 para. 3 in operation at 17.12.2009, see reg. 1(1)
Calculation of eligible student’s residual incomeN.I.
4.—(1) For the purpose of determining the residual income of an eligible student, there is deducted from the student’s taxable income (unless already deducted in determining taxable income) the aggregate of any amounts falling within any of the following sub-paragraphs—
(a)any remuneration for work done during any academic year of the eligible student’s course, provided that such remuneration does not include any sums paid in respect of any period for which the student has leave of absence or is relieved of the student’s normal duties for the purpose of attending that course;
(b)the gross amount of any premium or other sum paid by the eligible student in relation to a pension (not being a pension payable under a policy of life insurance) in respect of which relief is given F150... under section 188 of the Finance Act 2004(70), or where the eligible student’s income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium or sum in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts.
(2) Where the only paragraph in Part 2 of Schedule 2 into which an eligible student falls is paragraph 9 and the student’s income arises from sources or under legislation different from sources or legislation normally relevant to a person referred to in paragraph 9 of Schedule 2, the student’s income is not disregarded in accordance with sub-paragraph (1) but is instead disregarded to the extent necessary to ensure that the student is treated no less favourably than a person who is referred to in any paragraph of Part 2 of Schedule 2 would be treated if in similar circumstances and in receipt of similar income.
(3) Where the eligible student receives income in a currency other than sterling, the value of that income for the purpose of this paragraph is—
(a)if the student purchases sterling with the income, the amount of sterling the student so receives;
(b)otherwise, the value of the sterling which the income would purchase using the rate for the month in which it is received published by the Office for National Statistics(71).
Textual Amendments
F150Words in Sch. 5 para. 4(1)(b) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(b)
Commencement Information
I175Sch. 5 para. 4 in operation at 17.12.2009, see reg. 1(1)
Calculation of parent’s residual incomeN.I.
5.—F151(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) [F152For the purposes of determining the residual income of an eligible student’s parent (“A” in this paragraph) there is deducted from the taxable income of A the aggregate of any amounts falling within any of the following sub-paragraphs (unless already deducted in determining a person’s taxable income)] —
(a)the gross amount of any premium or sum relating to a pension (not being a premium payable under a policy of life assurance) in respect of which relief is given F153... under section 188 of the Finance Act 2004, or where the income is computed for the purposes of the income tax legislation of another Member State, the gross amount of any such premium in respect of which relief would be given if that legislation made provision equivalent to the Income Tax Acts;
(b)in any case where income is computed for the purposes of the Income Tax Acts by virtue of sub-paragraph (6) any sums equivalent to the deduction mentioned in paragraph (a) of this sub-paragraph, provided that any sums so deducted do not exceed the deductions which would be made if the whole of A’s income were in fact income for the purposes of the Income Tax Acts;
(c)where A is a parent student or A holds a statutory award, £1,153.
(3) Where the Department is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent. of the sterling value of A’s residual income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year.
[F154(3A) In the event that sub-paragraph (3) or this sub-paragraph was applied in the previous academic year of the current course and the Department is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent. of the sterling value of A’s residual income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year.]
(4) In an academic year immediately following one in which the Department has ascertained A’s residual income for the current financial year under sub-paragraph (3) [F155and, where applicable under sub-paragraph (3A)] , the Department must ascertain A’s residual income in the preceding financial year.
(5) Where A satisfies the Department that A’s income is wholly or mainly derived from the profits of a business or profession carried on by A, then any reference in this Schedule to a prior financial year means the earliest period of twelve months which ends after the start of the prior financial year and in respect of which accounts are kept relating to that business or profession.
(6) Where A is in receipt of any income which does not form part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State by reason only that—
(a)A is not residentF156... or domiciled in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, not so residentF156... or domiciled in that Member State;
(b)the income does not arise in the United Kingdom, or where A’s income is computed as for the purposes of the income tax legislation of another Member State, does not arise in that Member State; or
(c)the income arises from an office, service or employment, income from which is exempt from tax in pursuance of any legislation,
A’s taxable income for the purposes of this Schedule is computed as though the income under this sub-paragraph were part of A’s income for the purposes of the Income Tax Acts or the income tax legislation of another Member State, as the case may be.
(7) Where A’s income is computed as for the purposes of the income tax legislation of another Member State, it is computed under the provisions of this Schedule in the currency of that Member State and A’s income for the purposes of this Schedule is the sterling value of that income determined in accordance with the rate for the month in which the last day of the financial year in question falls, as published by the Office for National Statistics.
(8) Where one of the eligible student’s parents dies either before or during the relevant year and that parent’s income has been or would be taken into account for the purpose of determining the household income, the household income is—
(a)where the parent dies before the relevant year, determined by reference to the income of the surviving parent; or
(b)where the parent dies during the relevant year, the aggregate of—
(i)the appropriate proportion of the household income determined by reference to the income of both parents, being the proportion in respect of that part of the relevant year during which both parents were alive; and
(ii)the appropriate proportion of the household income determined by reference to the income of the surviving parent, being the proportion in respect of that part of the relevant year remaining after the death of the other parent.
(9) Where the Department determines that the parents are separated for the duration of the relevant year, the household income is determined by reference to the income of whichever parent the Department considers the more appropriate under the circumstances.
(10) Where the Department determines that the parents have separated in the course of the relevant year, the household income is determined by reference to the aggregate of—
(a)the appropriate proportion of the household income determined in accordance with sub-paragraph (9), being the proportion in respect of that part of the relevant year during which the parents are separated; and
(b)the appropriate proportion of the household income determined otherwise in respect of the remainder of the relevant year.
Textual Amendments
F151Sch. 5 para. 5(1) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(c)(i)
F152Words in Sch. 5 para. 5(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(c)(ii)
F153Words in Sch. 5 para. 5(2)(a) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 5(c)(iii)
F154Sch. 5 para. 5(3A) inserted (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 26
F155Sch. 5 para. 5(4) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 27
F156Words in Sch. 5 para. 5(6)(a) omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 15
Commencement Information
I176Sch. 5 para. 5 in operation at 17.12.2009, see reg. 1(1)
Calculation of eligible student’s partner’s residual incomeN.I.
6.—(1) Subject to sub-paragraphs (2), (3) and (4), an eligible student’s partner’s income is determined in accordance with paragraph 5 (other than sub-paragraphs (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s partner.
(2) Where the Department determines that the eligible student and the student’s partner are separated for the duration of the relevant year, the partner’s income is not taken into account in determining the household income.
(3) Where the Department determines that the eligible student and the student’s partner have separated in the course of the relevant year, the partner’s income is determined by reference to the partner’s income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Department determines that the eligible student and the student’s partner are not separated.
(4) Where an eligible student has more than one partner in any one academic year, the provisions of this paragraph apply in relation to each.
Commencement Information
I177Sch. 5 para. 6 in operation at 17.12.2009, see reg. 1(1)
Calculation of parent’s partner’s residual incomeN.I.
7. The income of a new eligible student’s parent’s partner whose income is part of the household income by virtue of paragraph 3(2)(a) is determined in accordance with paragraph 6, references to the eligible student’s partner being construed as references to the new eligible student’s parent’s partner, and references to the eligible student being construed as references to the new eligible student’s parent.
Commencement Information
I178Sch. 5 para. 7 in operation at 17.12.2009, see reg. 1(1)
Calculation of contribution – old system studentsN.I.
8.—(1) The contribution payable in relation to an old system student who is not an independent eligible student is—
(a)in any case where the household income is £24,770 or more, £45 with the addition of £1 for every complete £12.50 by which the household income exceeds £24,770; and
(b)in any case where the household income is less than £24,770, nil.
(2) The contribution payable in relation to an old system student who is an independent eligible student with a partner is—
(a)in any case where the household income is £24,770 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £24,770; and
(b)in any case where the household income is less than £24,770, nil.
(3) The contribution payable in relation to an old system student who is an independent eligible student without a partner is—
(a)in any case where the household income is £11,535 or more, £45 with the addition of £1 for every complete £9.50 by which the household income exceeds £11,535; and
(b)in any case where the household income is less than £11,535, nil.
(4) The amount of the contribution payable under sub-paragraph (1), (2) or (3) must in no case exceed £8,730.
(5) The contribution may be adjusted in accordance with paragraph 10.
(6) Where sub-paragraph (7) applies, the aggregate contributions must not exceed £8,730.
(7) This sub-paragraph applies where—
(a)a contribution is payable in relation to two or more eligible students (other than current system students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or
(b)the household income consists of the residual income of an independent eligible student and the student’s partner where both hold a statutory award.
Commencement Information
I179Sch. 5 para. 8 in operation at 17.12.2009, see reg. 1(1)
Calculation of contribution – current system studentsN.I.
9.—(1) In relation to an eligible student who is a current system student, the contribution payable is—
(a)in any case where the household income exceeds £41,540, £1 for every complete £9.50 by which the household income exceeds £41,540; and
(b)in any case where the household income is £41,540 or less, nil.
(2) The contribution must not in any case exceed £6,336.
(3) The contribution may be adjusted in accordance with paragraph 10.
(4) Where sub-paragraph (5) applies, the aggregate contributions must not exceed £6,336.
(5) This sub-paragraph applies where—
(a)a contribution is payable in relation to two or more eligible students (other than old system students) in respect of the same income under paragraph 5 or, where the relevant parent’s partner’s residual income is taken into account, under paragraphs 5 and 7; or
(b)the household income consists of the residual income of an independent eligible student and the student’s partner where both hold a statutory award.
Commencement Information
I180Sch. 5 para. 9 in operation at 17.12.2009, see reg. 1(1)
Split contributionsN.I.
10. Where the same household income is used to assess the amount of a statutory award for which two or more persons qualify, the contribution payable in respect of the eligible student is divided by the number of such persons.
Commencement Information
I181Sch. 5 para. 10 in operation at 17.12.2009, see reg. 1(1)
Regulation 2(1)
SCHEDULE 6N.I.RELEVANT INSTITUTIONS OF HIGHER EDUCATION IN THE REPUBLIC OF IRELAND
Commencement Information
I182Sch. 6 in operation at 17.12.2009, see reg. 1(1)
All Hallows College, Drumcondra
Carlow College (St. Patrick’s)
Church of Ireland College of Education, Dublin
Colaiste Mhuire, Marino, Dublin
Dublin City University
Dublin Institute of Technology
Dun Laoghaire Institute of Art, Design and Technology
Froebel College of Education, Sion Hill, Co Dublin
Institute of Technology, Athlone
Institute of Technology, Blanchardstown
Institute of Technology, Carlow
Institute of Technology, Cork
Institute of Technology, Dundalk
Institute of Technology, Galway/Mayo
Institute of Technology, Letterkenny
Institute of Technology, Limerick
Institute of Technology, Sligo
Institute of Technology, Tallaght
Institute of Technology, Tralee
Kimmage Development Studies Centre, Kimmage Manor, Dublin
Mary Immaculate College, Limerick
Mater Dei Institute of Education
Milltown Institute of Theology and Philosophy, Dublin
F157...
National College of Art and Design, Dublin
National College of Ireland, Dublin
National University of Ireland, Dublin
National University of Ireland, Cork
National University of Ireland, Galway
National University of Ireland, Maynooth
Pontifical University of Maynooth
Royal College of Surgeons in Ireland
St Angela’s College, Lough Gill, Sligo
F158...
F157...
St Patrick’s College, Thurles
St Patrick’s College of Education, Drumcondra, Dublin
Shannon College of Hotel Management
F158...
Trinity College Dublin
University of Limerick
Waterford Institute of Technology
Textual Amendments
F157Words in Sch. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/309), regs. 1(1), 6
F158Words in Sch. 6 omitted (with application in accordance with reg. 1(2) of the amending Rule) by virtue of The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/223), regs. 1(1), 16
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are based on the Education (Student Support) Regulations (Northern Ireland) 2009 (the “2009 Regulations”). Differences of substance between the 2009 Regulations and these Regulations, including increases in rates of grants and loans, are described below.
These Regulations revoke, from 1st September 2010, the 2009 Regulations subject to savings and transitional provisions the extent of which are set out in regulation 4.
Regulations 109 and 126 provide that part-time and full-time distance learning students who transfer to the current course on or after 1st September 2009 from a course beginning before 1st September 2009 will not be prevented from qualifying for support because the course leads to an equivalent or lower qualification.
Regulations 109 and 126 also remove restrictions on part-time and full-time distance learning students who wish to top-up to a higher level qualification. Students who already hold a lower level qualification such as a foundation degree or ordinary degree will be eligible to apply for support to top-up their qualification to an honours degree on a part-time or full-time distance learning course regardless of any break in study or change in course subject and regardless of whether the top-up course is at the same or different institution.
Paragraphs 2 and 3 of Schedule 1 make changes to regulations 112 and 129 of the 2009 Regulations so that part-time or full-time distance learning students who transfer to the current course on or after 1st September 2009 from a part-time or full-time distance learning course which began before 1st September 2009 are not prevented from qualifying for support because the course leads to an equivalent or lower qualification.
Apart from increases to amounts in line with inflation, the income thresholds and assessments of loans for living costs and maintenance grants are not changed.
An impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities or voluntary bodies. The impact on the public sector is minimal.
Formerly known as the Department of Higher and Further Education, Training and Employment; see the Department for Employment and Learning Act (Northern Ireland) 2001 c.15
S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21), section 147(3)(a) and (b), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4) and by the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12
S.R. 1999 No. 481 see Article 5(b) and Schedule 3 Part II
S.R. 1999 No. 192, as amended by S.R. 1999 No. 370 and S.R. 2000 No. 175
S.R. 2000 No. 213, as amended by S.R. 2000 No. 254, S.R. 2000 No. 296 and S.R. 2001 No. 77
S.R. 2002 No. 224, as amended by S.R. 2003 No. 121
S.R. 2003 No. 298, as amended by S.R. 2003 No. 339
S.R. 2005 No. 340, as amended by S.R. 2005 No. 445 and S.R. 2006 No. 252
S.R. 2006 No. 312, as amended by S.R. 2006 No. 383 and S.R. 2007 No. 293
S.R. 2007 No. 195, as amended by S.R. 2007 No. 293 and S.R. 2007 No.363
OJ L158, 30.4.2004, p77-123
S.I. 1972/1265 (N.I. 14), to which there have been amendments not relevant to these Regulations
1968 c. 46; section 63 was amended by the National Health Service (Scotland) Act 1972 (c. 58), Schedule 7, the National Health Service Reorganisation Act 1973 (c. 32), Schedules 4 and 5, the National Health Service Act 1977 (c. 49), Schedules 15 and 16, the National Health Service (Scotland) Act 1978 (c. 29), Schedules 16 and 17, the Local Government Act 1985 (c. 51), Schedule 17, 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, the Health Authorities Act 1995 (c. 17), Schedule 1, S.I. 1996/1008, the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, the Health Act 1999 (c. 8), Schedule 4, the Health and Social Care Act 2001 (c. 15), Schedule 5, the National Health Service Reform and Health Care Professions Act 2002 (c. 17), Schedules 2, 5 and 9, S.I. 2002/2202, article 4, S.I. 2002/2469, Schedule 1, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedules 4, 11 and 14, S.I. 2004/288, article 7, the Children Act 2004 (c. 31), section 55, S.I. 2004/957, the Schedule, the National Health Service (Consequential Provisions) Act 2006 (c. 43), Schedule 1, S.I.2006/1056 and S.I. 2007/961, the Schedule
S.R. 2003 No. 459, as amended by S.R. 2004 No. 395, S.R. 2005 No. 466, S.R. 2006 No. 378, S.R. 2007 No. 336 and S.R. 2008 No. 254
College of Agriculture, Food and Rural Enterprise is an integral part of the Department of Agriculture and Rural Development, and consists of campuses at Enniskillen, Greenmount and Loughry
2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9
Cmnd. 9171
Cmnd. 3906 (out of print, photocopies are available, free of charge, from the Student Finance Division, Department of Business, Innovation and Skills, Mowden Hall, Staindrop Road, Darlington, DL3 9BG)
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 (asp 6), section 3(2). Section 74 was amended by the Self Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 8(17). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)
S.I. 1990/1506 (N.I. 11), amended by S.I. 1996/274 (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 and revoked, with savings, by SR (NI) 1998 No 306
1990 c. 6; repealed by the Teaching and Higher Education Act 1998 (c. 30), Schedule 4
S.S.I. 2007/151, amended by S.S.I. 2007/503
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8); Health and Social Services trusts were renamed under section 32 and Schedule 6 paragraph 1(1)(c) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I.2)
Section 77 was amended by Schedule 6 to the Tax Credits Act 2002 (c. 21), paragraph 88 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and paragraph 30 of Schedule 1 to the Child Benefit Act 2005 (c. 6)
2002 c. 21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24 and there are amendments not relevant to these Regulations
2002 c. 21 to which there are amendments not relevant to these Regulations
Regulation 14 of the Working Tax Credit (Entitlement and Maximum Amount) Regulations 2002 (S.I. 2002/2005; as amended by S.I. 2003/701, S.I. 2003/2815, S.I. 2004/762, S.I. 2004/1276, S.I. 2004/2663, S.I. 2005/681, S.I. 2005/769, S.I. 2005/2919, S.I. 2006/217, S.I. 2006/766, S.I. 2006/963, S.I. 2007/824, S.I. 2007/968, S.I. 2007/2479, S.I. 2008/604, S.I. 2008/1879, S.I.2008/2169, S.I. 2009/679 and S.I. 2009/800) sets out the charges that are prescribed for the purposes of section 12 of the Tax Credits Act 2002
1992 c. 7; section 123(1)(e) was inserted by paragraph 13(5) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and amended by Schedule 3 to, the State Pension Credit Act (Northern Ireland) 2002 (c. 14N.I.)); The relevant provisions is regulation 4ZA and Schedule 1B, as amended, of the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459). Regulation 4ZA was inserted by regulation 4 of S.R. 1996 No. 199 ; relevant amending Rules are the Schedule to S.R. 2000 No. 241, regulation 5(3) of S.R. 2000 No. 71 and paragraph 1 of Schedule 1 to S.R. 2005 No. 319 (c.23)
Section 129(2) was amended by Article 8 (2) of the Housing Support Services (Northern Ireland) Order 2002, S.I. 2002/3154 (N.I. 8). The relevant regulation is regulation 53 of the Housing Benefit Regulations (Northern Ireland) 2006 (S.R. 2006 No. 405)
S.S.I. 2007/151, amended by S.S.I. 2007/503, S.S.I. 2008/206 and S.S.I. 2009/188
2002 c.41. Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19, Schedules 2 and 4 and the Immigration, Asylum and Nationality Act 2006 (c. 13), section 9
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. See section 43(1) of the 1998 Act for the definition of “prescribed”
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 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998 and was amended by section 34(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)
1992 c.7; Part VII was amended by paragraph 4 of Schedule 4 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9) (transitory modifications), paragraph 5 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992 No. 3204 (N.I. 20)), Article 3(2) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993 No. 1579 (N.I. 8)), paragraph 31 of Schedule 1 and 2 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994 No. 1898 (N.I. 12)), paragraphs 13, 14, 15 and 18 of Schedule 2 and Schedule 3 to the Jobseeekers (Northern Ireland) Order 1995 (S.I. 1995 No. 2705 (N.I. 15)), paragraph 26 of Schedule 8 to the Welfare Reform and Pension (Northern Ireland) Order 1999 (S.I. 1999 No. 3147 (N.I. 11)), paragraphs 2, 3 and 4 of Schedule 2 of the State Pension Credit Act (Northern Ireland) 2002 (c. 14), Schedule 6 to the Tax Credit Act 2002 (c. 21), Article 8 of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002 No. 3154 (N.I. 8)), paragraph 200 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraphs 96 to 99 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), Section 30(2) of and, paragraph 3 of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2) and Article 18 of the Social Security Benefits Up-rating Order (Northern Ireland) 2009 (S.R. 2009 No. 89).
S.I. 1995/2705 (N.I. 15); Part II was modified by regulations 159 and 160 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 (S.R. 1996 No. 198) and was amended by Schedule 1 to the Employments Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 N.I. 16)), Schedules 6 and 7 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Schedules 3, 7, 8 and 10 to the Welfare Reform Act (Northern Ireland) 2007 (c. 2), Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c.14), Schedule 1 to the National Insurance Contributions Act 2002 (c.19), Schedule 6 to the Income Tax (Earning and Pensions) Act 2003 (c.1), Schedule 24 to the Civil Partnership Act 2004 (c.33) and paragraph 2 of the Schedule to the Pensions (2004 Act and 2005 Order) (PPF Payments and FAS Payments) (Consequential Provisions) Order (Northern Ireland) 2006 (S.R. 2006 No. 37)
1950 c. 29 (N.I.) Section 1(1) was substituted and sub-sections 1(A), 1(B) and 1(C) inserted by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))
N.I. 2007 (c.2)
2002 c.21; section 3 was amended by the Civil Partnership Act 2004 (c.33), Schedule 24
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
This body was established under section 1 of the Further and Higher Education (Scotland) Act 2005 (2005 asp 6).
1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27
1971 c. 77; section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)
Cm. 4904
OJ No L257, 19.10.1968, p2 (OJ/SE 1968 (II) p475)
S.I. 1978/1045 (N.I. 15); Article 27B was inserted by the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3123 (N.I. 22)), Article 162(1) and was amended by the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), Schedule 4. Article 27E was inserted by the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), Schedule 10, paragraph 1
2004 c.33; paragraph 25 of Schedule 5 was modified by S.I.2006/1934
2004 c.12; section 188 was amended by the Finance Act 2007 (c.11), sections 68, 69 and 114 and Schedules 18, 19 and 27.
“Financial Statistics” (ISSN 0015-203X)