- Latest available (Revised)
- Point in Time (01/04/2019)
- Original (As made)
Point in time view as at 01/04/2019.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
95.—(1) The Department may pay support under Part 5 in instalments.
(2) Subject to paragraph (3), the Department may pay support under Part 5 at such times as the Department considers appropriate.
(3) An academic authority is required to send an attendance confirmation to the Department.
(4) The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Department has received the attendance confirmation unless an exception applies.
(5) An exception applies if—
(a)a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or
(b)the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.
(6) Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5.
(8) Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.
(9) Paragraph (8) does not apply in respect of disabled student’s allowance.
(10) In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.
(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.
(12) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine—
(a)the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and
(b)how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).
(13) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.
(14) If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—
(a)the Department may treat the excess as an overpayment of that grant; or
(b)if the Department considers that it is appropriate to do so the Department may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.
(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.
(16) Paragraph (15) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment.
(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.
(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.
(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.
(20) Where, after the Department has made any payment of support under Part 5 or Part 6, the Department makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—
(a)if the determination increases the amount of that grant for which the student qualifies the Department must pay the additional amount in such instalments (if any) and at such times as the Department considers appropriate;
(b)if the determination decreases the amount of that grant for which the student qualifies the Department must subtract the amount of the decrease from the amount of that grant which remains to be paid;
(c)if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year;
(d)any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.
Commencement Information
I1Reg. 95 in operation at 17.12.2009, see reg. 1(1)
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: