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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)[F1A 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.

[F2(10A) Where—

(a)the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with–

(i)an application for support for an earlier year of the current part-time course; or

[F3(ii)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 student, eligible part-time student or eligible distance learning student has been transferred to the current 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 granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

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.]

[F4(10B) Where—

(a)the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible part-time student in connection with–

(i)an application for support for an earlier year of the current part-time course; or

(ii)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 student, eligible part-time student or eligible distance learning student has been transferred to the current 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 granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F5(10C) Where—

(a)the Department determined that, by virtue of being a person granted humanitarian protection 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–

(i)an application for support for an earlier year of the current part-time course; or

(ii)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 student, eligible part-time student or eligible distance learning student has been transferred to the current 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 granted humanitarian protection 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 student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F6(10D) Where—

(a)the Department determined that, by virtue of being a person granted stateless leave 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–

(i)an application for support for an earlier year of the current part-time course; or

(ii)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 student, eligible part-time student or eligible distance learning student has been transferred to the current 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 granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted,

A’s status as an eligible 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 [F7on the grounds of discretionary leave] 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 [F8on the grounds of discretionary leave] 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 [F9;]

[F10(e)a designated part-time course and a designated Master’s, etc. course.]

Textual Amendments

F3Words in reg. 122(10A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(c)(i)

Commencement Information

I1Reg. 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 [F11and was not an event mentioned in sub-paragraph (a) of that paragraph]; 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.

[F12(1A) Where one of the events listed in sub-paragraphs (a), (b), (c), (d), (f), (g), (h) [F13(i), (j), (k), (l) or (m)] of paragraph (3) occurs in the course of an academic year—

(a)a student may qualify for a part-time fee loan 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 part-time fee loan 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) [F14(i), (j), (k), (l) or (m)] 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 [F15or becomes a person granted humanitarian protection] [F16or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F17on the grounds of discretionary leave] ;

(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 [F18or of a person who is eligible under paragraph 9 of Part 2 of Schedule 2 by virtue of paragraph 9(4) of Part 2 of that Schedule other than as a family member];

(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;

[F19(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]

(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; F20...

(i)the student becomes the child of a Swiss national ; F21...

[F22(j)the student becomes a person granted section 67 leave [F23;]]

[F24(k)the student becomes a person granted Calais leave;]

[F25(l)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]

[F26(m)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]

Textual Amendments

F11Words in reg. 123(1)(a) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 12

F13Words in reg. 123(1A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(i)

F14Words in reg. 123(2) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(ii)

F15Words in reg. 123(3)(j) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(i)

F16Words in reg. 123(3)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(i)

F20Word in reg. 123(3)(h) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 25(a)

F21Word in reg. 123(3)(i) omitted (with effect in accordance with reg.1(4))(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(iii)(aa)

F23Word in reg. 123(3) substituted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(i)(iii)(bb)

Commencement Information

I2Reg. 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 [F27four times] the period ordinarily required to complete the full-time equivalent;

[F28(d)it is either—

(i)wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii)provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii)wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv)provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v)provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom; or

(vi)provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom.]

[F29(da)it is substantially provided in 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 [F30authority-funded] if either the university or the constituent college or institution is [F30authority-funded]; F31...

(c)an institution is not to be regarded as publicly funded [F32or 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(1) [F33; and]

[F34(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 [F35in Northern Ireland, Scotland, or Wales, or by a private institution which is [F36an approved provider or] an unregistered provider in England] [F37;]]

[F38(e)a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom.]

(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).

[F39(8) In designating a part-time course studied through distance learning, 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, from time to time during the week 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.]

[F40(9) The Department may revoke or suspend the designation of a course which is designated under this regulation.]

Textual Amendments

F35Words in reg. 124(5)(d) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 13(b)

Commencement Information

I3Reg. 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 [F41or 138A].

(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.

Textual Amendments

Commencement Information

I4Reg. 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; F42...

[F43(aa)a part-time fee loan, where—

(i)the fees charged by the academic authority in respect of an academic year of the designated part-time course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 127; or

(ii)it has been determined in accordance with regulation 127 that no grant is payable under sub-paragraph (a); or

(iii)the eligible part-time student does not apply for the grant mentioned in sub-paragraph (a); and]

(b)a grant not exceeding £265 for books, travel and other expenditure in connection with the designated part-time course.

[F44(1A) A part-time fee loan is administered in accordance with regulation 127A.]

(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.

[F45(2A) An eligible part-time student does not qualify for assistance under paragraph (1)(a) or (b) unless it is ordinarily possible to complete the designated part-time course in no more than twice the period ordinarily required to complete the full-time equivalent.]

[F46(3) An eligible part-time student qualifies for assistance under paragraph (1) in respect of a course (other than a distance learning course) if the Department considers that the student is undertaking the designated part-time course in the United Kingdom.]

[F47(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.]

[F48(3C) Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

[F49(3D) For the purposes of paragraph (3A), a person (“A”) is to be treated as undertaking the designated part-time distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year 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 in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.]

(4) An eligible part-time student does not qualify for support [F50under paragraphs (1)(a) or (b)] 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.

[F51(5A) An eligible part-time student does not qualify for a part-time fee loan under paragraph (1)(aa) if—

(a)the student has undertaken one or more part-time courses for sixteen years in aggregate; and

(b)the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5B) An eligible part-time student does not qualify for a part-time fee loan if the intensity of study during the academic year for which support is claimed is less than 25% of a full-time equivalent course.]

(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.

[F52(9) For the purposes of this regulation “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6).]

Textual Amendments

F48Reg. 126(3C) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 9

F49Reg. 126(3D) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 7

Commencement Information

I5Reg. 126 in operation at 17.12.2009, see reg. 1(1)

[F53Amount of grant under regulation 126(1)(a) and (b)]N.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; F54...

(iii)under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance; [F55or

(iv)to universal credit;]

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).

Textual Amendments

Commencement Information

I6Reg. 127 in operation at 17.12.2009, see reg. 1(1)

[F56Amount of the part-time fee loan under regulation 126(1)(aa)N.I.

127A.—(1) The maximum amount of part-time fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—

(a)[F57£3,397.50;] and

(b)the fees payable by the student in connection with that year.

(2) Subject to paragraphs (3) and (6), the part-time fee loan to which an eligible part-time student is entitled is calculated as follows—

where

  • FC is the amount determined in accordance with paragraph (1);

  • FG is the grant paid under regulation 126(1)(a), if any.

(3) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of part-time fee loan in respect of the academic year of the course to which that student transfers.

(4) The circumstances are—

(a)the fees payable in respect of the academic year of the course to which the eligible part-time student transfers exceed the fees 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 eligible part time student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible part-time student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is determined by deducting the amount of any part-time fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of—

(a)the amount specified in paragraph (1)(a); and

(b)the fees payable by the student in respect of the academic year to which the student is transferring,

minus any grant paid under regulation 126(1)(a) in respect of the academic year from which the student is transferring.

(6) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a part-time 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 student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where paragraph (7) applies, the maximum amount of part-time fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is the lesser of—

(a)the amount specified in paragraph (1)(a); and

(b)the fees payable by the student in connection with that year,

minus any grant paid under regulation 126(1)(a) in connection with that year.

(9) Where an eligible part-time student has applied for a part-time 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 maximum amount calculated in accordance with paragraph (2), or determined in accordance with paragraphs (5) or (8), whichever is applicable.]

Textual Amendments

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

I7Reg. 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.

F58129.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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.

[F59(3A) Paragraph (3) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.]

[F60(3A) An eligible part-time student does not qualify for a grant under this regulation unless it is ordinarily possible to complete the designated part-time course in no more than four times the period ordinarily required to complete the full-time equivalent.]

(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.

[F61(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.]

[F62(8) For the purposes of paragraph (3A) “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6).]

Textual Amendments

F59Reg. 130(3A) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 10

Commencement Information

I8Reg. 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 [F63ninth] 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 [F64ninth] month beginning with the day on which the relevant event occurred;

[F65(aa)the applicant is applying for an additional amount of the part-time fee loan under regulation 127A(3) or (9), 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;]

(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

Commencement Information

I9Reg. 131 in operation at 17.12.2009, see reg. 1(1)

[F66Requirement to enter into a contract for a part-time fee loanN.I.

131A.—(1) To receive a part-time fee loan, a student must enter into a contract with the Department.

(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.]

Textual Amendments

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 [F67assistance under regulation 126(1)(a) or (b)] 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)[F68where the applicant is applying for assistance under regulation 126(1)(a) or (b) other than for the first time], 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 [F69;]

[F70(c)where the applicant is applying for a part-time fee loan in connection with any academic year of the designated part-time course, 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.]

(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).

[F71(4A) “The intensity of study” in paragraph (4)(b) means—

(a)confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25% of an equivalent full time course; and

(b)the actual intensity to be undertaken by the eligible part-time student.]

(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.

Textual Amendments

Commencement Information

I10Reg. 132 in operation at 17.12.2009, see reg. 1(1)

InformationN.I.

133.  Schedule 4 deals with the provision of information.

Commencement Information

I11Reg. 133 in operation at 17.12.2009, see reg. 1(1)

[F72Information requirementsN.I.

133A.—(1) The Department may at any time request from an applicant or eligible part-time student information that the Department considers is required to recover a part-time fee loan.

(2) The Department may at any time require an applicant or eligible part-time student to enter into an agreement to repay a part-time fee loan by a particular method.

(3) The Department may at any time request from an applicant or eligible part-time 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 part-time fee 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 required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been required.]

Textual Amendments

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 [F73part-time] 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 [F74an eligible part-time 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.

[F75(7) Where an eligible part-time student transfers under paragraph (1) after the Department has assessed the student’s part-time fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, the eligible part-time student may not, in connection with the academic year of the course to which A transfers, apply for another part-time fee loan of a kind already applied for under this Part in connection with the academic year of the course from which A is transferring, unless otherwise provided.]

Textual Amendments

Commencement Information

I12Reg. 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 [F76four times] 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.

[F77(4A) This paragraph makes provision for fee loan and part-time fee loan where a student (“A”) transfers under paragraph (1) –

(a)no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible part-time student;

(b)any fee loan to which A was entitled under Part 4 immediately before A became an eligible part-time student is ignored in determining the amount of part-time fee loan to which A may be entitled in respect of that year under this Part;

(c)where the designated part-time course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of part-time fee loan to which A would, apart from this regulation, be entitled to borrow in connection with 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 in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and

(d)where the academic year of the designated part-time course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of –

(i)[F78£3,397.50;] and

(ii)the fees payable by the student in connection with that year,

minus any grant paid under regulation 126(1)(a) in connection with that year.]

(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 [F79four times] 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) [F80into the same academic year] 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) [F81into the same academic year] 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 [F82;] [F83and]

[F84(c)may not apply for a part-time fee loan under regulation 126(1)(aa) if the student has already applied for a distance learning fee loan under regulation 109(1)(aa) in respect of the academic year from which the student transfers.]

(10) Where a student transfers under paragraph (5) [F85into the same academic year], 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).

[F86(10A) Paragraphs (7), (9) and (10) do not apply where the academic year of the designated part-time course into which the student (“A”) transfers under paragraph (5) begins on a later date than the academic year of the course from which A is transferring.

(10B) Where paragraph (10A) applies—

(a)the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of—

(i)[F87£3,397.50;] and

(ii)the fees payable by the student in connection with that year,

minus any grant paid under regulation 126(1)(a) in connection with that year;

(b)A may apply for a grant under regulation 126(1)(b) in respect of that year; and

(c)A may apply for a grant under regulation 130 in respect of that year.]

(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.

[F88(12A) This paragraph makes provision for part-time fee loan and fee loan where a student (“A”) transfers under paragraph (11)—

(a)no payment in respect of any part-time fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible student;

(b)where the designated course into which A transfers continues in the same quarter of the same academic year of the designated part-time course from which A transferred, the maximum amount of fee loan to which A would, apart from this regulation, be entitled to borrow in connection with that academic year of the designated course is reduced by one third where A became an eligible student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year;

(c)where the academic year of the designated course into which A transfers begins on a later date than the academic year of the designated part-time course from which A is transferring, the maximum amount of fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a fee loan in respect of that year, is the lesser of—

(i)the amount specified in regulation 25(1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and

(ii)the fees payable by the student in connection with that year.]

(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) [F89into the same academic year] 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) [F90into the same academic year] 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 [F91;] [F92and]

[F93(c)may not apply for a distance learning fee loan under regulation 109(1)(aa) if the student has already applied for a part-time fee loan under regulation 126(1)(aa) in respect of the academic year from which the student transfers.]

(17) Where a student transfers under paragraph (13) [F94into the same academic year], 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).

[F95(18) Paragraphs (14), (16) and (17) do not apply where the academic year of the designated distance learning course into which the student (“A”) transfers under paragraph (13) begins on a later date than the academic year of the course from which A is transferring.

(19) Where paragraph (18) applies—

(a)the maximum amount of distance learning fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a distance learning fee loan in respect of that year is the lesser of—

(i)[F96£3,397.50;] and

(ii)the fees payable by the student in connection with that year,

minus any grant paid under regulation 109(1)(a) in connection with that year;

(b)A may apply for a grant under regulation 109(1)(b) in respect of that year; and

(c)A may apply for a grant under regulation 112 in respect of that year.]

Textual Amendments

Commencement Information

I13Reg. 135 in operation at 17.12.2009, see reg. 1(1)

[F97Provision of United Kingdom national insurance numberN.I.

135A.—(1) The Department may make it a condition of entitlement to payment of the part-time fee loan or any instalment of the part-time fee loan that the eligible part-time 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 part-time fee loan or any instalment of the part-time fee loan to the eligible part-time student before the Department is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Department may make a payment of part-time fee loan to an eligible part-time student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible part-time student having complied with the condition imposed under paragraph (1).]

Textual Amendments

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

I14Reg. 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

I15Reg. 137 in operation at 17.12.2009, see reg. 1(1)

[F98Payment of Part-time fee loanN.I.

137A.—(1) The Department must pay the part-time fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment.

(2) The Department may pay the part-time fee loan in instalments.

(3) The Department must not pay the part-time fee loan or first instalment of the part-time fee loan before the Department has received from the academic authority—

(a)a request for payment; and

(b)confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated part-time course for the period to which the instalment relates.

(4) The academic authority must inform the Department when a student’s intensity of study drops below 25% or where the student ceases to attend or undertake the designated part-time course during the academic year.

(5) No payment of part-time fee loan or instalment of part-time fee loan can be made in respect of a designated part time course once the academic authority has informed the Department that the student has ceased to attend or undertake the course during the academic year.

(6) 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 (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the part-time fee loan or the first instalment of the part-time fee loan for the academic year; or

(b)remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the part-time fee loan other than the first instalment. ]

Textual Amendments

[F99Overpayment of grants and allowances] N.I.

138.—[F100(1) Any overpayment of a grant in respect of fees is recoverable by the Department from—

(a)the academic authority; or

(b)the student in respect of whom the payment of a grant in respect of fees was made.]

(2) [F101A] part-time student must, if so required by the Department, repay any amount paid to the student [F102, or in respect of 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 [F103or loan] payable to the student [F104, or in respect of 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 F105... 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 F106... 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.

Textual Amendments

Commencement Information

I16Reg. 138 in operation at 17.12.2009, see reg. 1(1)

[F107Overpayment of Part-time fee loanN.I.

138A.—(1) Any overpayment of part-time fee loan is recoverable by the Department from—

(a)the academic authority; or

(b)the student in respect of whom the payment of part-time fee loan was made.

(2) A student must, if so required by the Department, repay any amount of part-time fee loan paid in respect of the student which for whatever reason exceeds the amount of part-time fee loan to which the student is entitled.

(3) An overpayment of a part-time 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 on the part-time fee loan which remains to be paid;

(b)by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;

(c)by requiring the student to repay the part-time fee loan in accordance with regulations made by the Department under Article 3 of the Order;

(d)by taking such other action for the recovery of an overpayment as is available to the Department.]

Textual Amendments

(1)

1992 c. 13; section 65(3A) was inserted by the Teaching and Higher Education Act 1998 (c. 30), section 27