39.—(1) An eligible student qualifies for a grant under this Part provided that the student—
(a)is not excluded from qualification by any of the following paragraphs; and
(b)satisfies the qualifying conditions for the particular grant for which the student is applying.
[F1(2) An eligible student does not qualify for a bursary or grant under this Part if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D.]
(3) An eligible student does not qualify for a grant under this Part in respect of—
(a)an academic year which is a bursary year;
(b)an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or
(c)a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.
(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.
(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.
(6) For the purposes of paragraph (5), “unpaid service” means—
(a)unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland;
(b)unpaid service with a local authority in the United Kingdom or any equivalent body in the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or Republic of Ireland;
(c)unpaid service in the prison or probation and aftercare service in the United Kingdom or the Republic of Ireland;
(d)unpaid research in an institution in the United Kingdom or the Republic of Ireland or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or
(e)unpaid service with—
(i)the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(1);
(ii)a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(2);
(iii)a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(3);
(iv)an NHS body within the meaning of [F2 given by section 275(1) ] of the National Health Service Act 2006(4); or
(v)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(5).
[F3(7) Where a protected category event which results in a student becoming an eligible student occurs—
(a)in the course of the first academic year of a course; and
(b)on or before the course start date,
the student may qualify for a particular grant in accordance with this Part in respect of that academic year.
(7A) Subject to paragraph (7B), where—
(a)a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or
(b)an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,
the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year.
(7B) student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.]
F4(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.
(10) Paragraph (9) does not apply in respect of disabled students’ allowance.
Textual Amendments
F1Reg. 39(2) substituted (26.2.2024) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 66
F2Words in reg. 39(6)(e)(iv) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 140
F3Reg. 39(7)-(7B) substituted for reg. 39(7) (with application in accordance with reg. 1(3)(4)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 40
F4Reg. 39(8) omitted (with application in accordance with reg. 1(2)(3) of the amending Rule) by virtue of The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 6(a)(iii)
Commencement Information
I1Reg. 39 in operation at 17.12.2009, see reg. 1(1)
S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8); Health and Social Services trusts were renamed under section 32 and Schedule 6 paragraph 1(1)(c) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.