The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010

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.