The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

Conversion of statusN.I.

This section has no associated Explanatory Memorandum

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 [F1four 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.

[F2(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)[F3£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 [F4four 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) [F5into 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) [F6into 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 [F7;] [F8and]

[F9(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) [F10into 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).

[F11(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)[F12£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.

[F13(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) [F14into 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) [F15into 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 [F16;] [F17and]

[F18(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) [F19into 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).

[F20(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)[F21£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

F1Words in reg. 135(2) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(a)

F2Reg. 135(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(b)

F3Sum in Reg. 135(4A)(d)(i) substituted (with effect in accordance with reg.1(3)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), reg. 1(3)(b), Sch. reg. 23

F4Words in reg. 135(6) substituted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(c)

F5Words in reg. 135(7) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(d)

F6Words in reg. 135(9) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 37(e)(i)