2010 No. 383
Education
The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010
Made 25th November 2010
Coming into operation- 23rd December 2010

The Department for Employment and Learning makes the following Regulations in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 and now vested in it.
Formerly known as the Department of Higher and Further Education, Training and Employment; see the Department for Employment and Learning Act (Northern Ireland) 2001 c.15
S.I. 1998/1760 (N.I. 14). Article 3 was amended by the Learning and Skills Act 2000 (c.21). section 147(3)(a) and (b), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4) and by the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12
S.R. 1999 No. 481see Article 5(b) and Schedule 3 Part II

1 Citation and commencement
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 and come into operation on 23rd December 2010.

Amendment of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009
2 The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 are amended as provided by regulations 3 to 28 and the Schedule.
S.R. 2009 No. 373
3 In regulation 2(1), for the definition of ““bursary year”” substitute—

““bursary year” means an academic year of a course in relation to which the student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;”

.
4 In regulation 2(1), within sub-paragraph (d) of the definition of ““end-on course””, for “lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course” substitute—

“full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification”

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5 In regulation 2(1) within the definition of ““Erasmus year””, for “and all the periods of study during the academic year are at an institution outside the United Kingdom” substitute—

“and—
(a) all the periods of study during the academic year are attended at an institution outside the United Kingdom; or
(b) all the periods of work placement during the academic year are attended at a workplace outside the United Kingdom”

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6 In regulation 2(1), for the definition of ““preliminary course””, substitute—

““preliminary course” means a course mentioned in paragraph 2, 3 or 4 of Schedule 3, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be;”

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7 In regulation 2(5)(b), after “sub-paragraph (a)” insert “is an honours degree from an institution in the United Kingdom or”.
8 In regulation 2(10)(a)(i), after “teachers” insert “or an academic year of a designated course that is an Erasmus year”.
9 In regulation 5(3)(c), for “there has been made to, or paid to, A” substitute “A is eligible to apply for”.
10 For regulation 24(2)(b)(i), substitute—

“(i) has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;”

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11 In regulation 40(2) after sub-paragraph (a), insert—

“(aa) a student on a period of study or period of overseas work placement in an Erasmus year; or”

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12 In regulation 49(a), after “period of study” insert “or period of overseas work placement in an Erasmus year”.
13 In regulation 49(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
14 In regulation 50(b), after “Institute” insert “or overseas workplace in an Erasmus year”.
15 In regulation 53, after “Institute” add “or overseas workplace in an Erasmus year”.
16 For regulation 63(2)(c), substitute—

“(c) the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount in respect of any academic year of the course; or”

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17 In regulation 75(2) after sub-paragraph (a), insert—

“(aa) a student on a period of study or period of overseas work placement in an Erasmus year;”

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18 In regulation 78(c)(i), omit “or”.
19 In regulation 78(c)(ii), after “Institute;” insert—

“or
(iii) attends an overseas work placement in an Erasmus year;”

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20 In regulation 105(3)(a), for “subject to paragraph (4), there has been made to, or paid to, A” substitute “A is eligible to apply for,”.
21 Regulations 105(4), 109(3) and 112(3) are omitted.
22 In regulation 122(3)(a), for “there has been made to, or paid to, A” substitute “A is eligible to apply for,”.
23 In regulation 139(4)(a), for “there has been made to, or paid to, A” substitute “A is eligible to apply for,”.
24 In regulation 146(2) for “£10,260 substitute “£10,469”.
25 In paragraph 1(1) of Schedule 2, within the definition of ““family member””, for (a)(ii) substitute—

“(ii) direct descendants of the person or of the person’s spouse or civil partner who are—
(aa) under the age of 21; or
(bb) dependants of the person or the person’s spouse or civil partner; or”

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26 After paragraph 5(3) of Schedule 5, insert—

“3A In the event that sub-paragraph (3) or this sub-paragraph was applied in the previous academic year of the current course and the Department is satisfied that the residual income of A in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent. of the sterling value of A’s residual income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain A’s residual income for the current financial year.”

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27 In paragraph 5(4) of Schedule 5, after “sub-paragraph (3)” insert “and, where applicable under sub-paragraph (3A)”.

28 New payment rates for fee loans, grants for fees and fee contribution loans for the academic year beginning on or after 1st September 2011.
The Schedule—
(a) applies in relation to an academic year which begins on or after 1st September 2011; and
(b) has effect to substitute the figures in the third column of the table for the figures in the second column where they appear in the regulations of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 set out in the first column.
Sealed with the Official Seal of the Department for Employment and Learning on 25th November 2010.
Mr Danny Kennedy MLA Minister for Employment and Learning
SCHEDULE NEW PAYMENT RATES FOR FEE LOANS, GRANTS FOR FEES AND FEE CONTRIBUTION LOANS
Provision in the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009	Existing figure	New figure
Regulation 25		
25(1)(a)	£3,290	£3,375
25(2)(a)	£1,640	£1,680
25(8)(a)	£3,290	£3,375
25(8)(a)	£1,640	£1,680
25(9)(a)	£3,290	£3,375
25(9)(a)	£1,640	£1,680
Regulation 32		
32(1)(a)	£1,310	£1,345
32(2)(a)	£650	£665
32(5)(a)	£2,345	£2,405
32(6)(a)	£4,775	£4,900
Regulation 33		
33(1)	£1,310	£1,345
33(2)	£650	£665
Regulation 34		
34(1)(a)	£1,225	£1,255
34(2)	£3,110	£3,190
Regulation 36		
36(2)(a)	£1,310	£1,345
36(2)(a)	£650	£665
Regulation 89		
89(5)	£1,310	£1,345
Regulations 2 and 28

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (“the 2009 Regulations”). The 2009 Regulations provide for financial support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2010.
These Regulations make minor policy and technical changes to the 2009 Regulations and these changes are set out in the paragraphs below. These Regulations also, by regulation 28 and the Schedule, set out the increased payment rates for fee loans, grants for fees and fee contribution loans for full-time courses and sandwich courses which apply from 1st September 2011.
Regulation 3 makes a technical change to the definition of “bursary year” which clarifies that a “bursary year” covers all students eligible to apply for a means-tested healthcare or Scottish healthcare bursary whether or not they receive a payment. Regulation 9 clarifies that students who are eligible to apply for a non means-tested healthcare bursary or any allowance under the Nursing and Midwifery Student Allowance (Scotland) Regulations 2007 do not qualify for full-time fee loans and grants and loans for living costs. Regulation 16 clarifies that students eligible to apply for a means-tested healthcare bursary or Scottish healthcare allowance qualify for a loan for living costs. Regulations 20, 22 and 23 clarify that students who are eligible to apply for a means-tested or non means-tested healthcare bursary or allowance under the Nursing and Midwifery Student Allowance (Scotland) Regulations 2007 or certain other allowances, bursaries or awards, do not qualify for part-time and full-time distance learning fee grants, course grants and disabled students’ allowances or postgraduate disabled students’ allowances. Regulation 21 removes regulations 105(4), 109(3) and 112(3) of the 2009 Regulations in regard to disabled students.
Regulation 4 amends the definition of “end-on course”. The definition applies where a student attended or undertook certain courses where a qualification was achieved immediately before that student begins a full-time first degree course. Regulation 6 amends the definition of “preliminary course” to include only certain specified courses. Regulation 10 only includes certain courses where a qualification was achieved before a student begins their current course.
Regulation 5 makes a technical change to the definition of “Erasmus year” to include students undertaking work placements. Regulation 8 excludes an academic year of a designated course that is an Erasmus year from the definition of “sandwich course”. Regulations 11, 12, 13, 14, 15, 17, 18 and 19 make consequential amendments whereby students undertaking a work placement as part of an Erasmus year are eligible to apply for certain support.
Regulation 7 amends regulation 2(5) of the 2009 Regulations in regard to the Department’s determination that a higher education qualification is an equivalent or lower qualification.
Regulation 24 amends a typographical error in regulation 146(2) of the 2009 Regulations.
Regulation 25 amends the definition of “family member” within Schedule 2 to the 2009 Regulations. This amendment replaces the reference to “child” with one that refers to direct descendants of the person or of the person’s spouse or civil partner who are under the age of 21 or dependents of the person or person’s spouse or civil partner.
Regulations 26 and 27 amend Schedule 5 to the 2009 Regulations whereby a student’s request for a second or subsequent current year financial assessment in successive academic years is based on ascertaining the previous year’s parental residual income.
An impact assessment has not been prepared in respect of this instrument as it has no impact on the cost of business, charities or voluntary bodies.