The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012

Citation and commencement N.I.

1.  These Regulations may be cited as the Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2012 and shall come into operation on 1st September 2012.

Commencement Information

I1 Reg. 1 in operation at 1.9.2012, see reg. 1

Interpretation N.I.

2.  In these Regulations—

“the Order” means the Education (Student Support) (Northern Ireland) Order 1998;

“the 1997 Order” means the Further Education (Northern Ireland) Order 1997(1);

“the Department” means the Department for Employment and Learning;

“designated course” means a course designated by regulation 5;

“further education” has the meaning assigned by Article 3 of the 1997 Order;

“further education course” means a course other than a higher education course provided at an institution of further education;

“higher education” has the meaning assigned by Article 2(2) of the 1997 Order;

“institution of further education” means an educational establishment which is recognised by the Department as an institution of further education under Article 8 of the 1997 Order;

“support” means grants in respect of fees payable in connection with attendance on courses at an institution of further education.

Commencement Information

I2 Reg. 2 in operation at 1.9.2012, see reg. 1

Application N.I.

3.  These Regulations apply to institutions of further education.

Commencement Information

I3 Reg. 3 in operation at 1.9.2012, see reg. 1

Eligible students N.I.

4.— [F1 (1) Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 2B, 3, 3A, 3B, 3C, 3D, 3E, 3F, 4, , 5A, 5B, 5D, 5F, 6A, 6B, 6C, 6D, 7A, 9 and 10 of the Schedule; or

(b) in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule where paragraph (1A) applies.

(1A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Department—

(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 5, 5C, 5E, 6, 6E, 7 and 8 of the Schedule in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(1B) In connection with a designated course beginning on or after 1st January 2028, paragraph (1)(a) has effect as if paragraphs 5F, 6B and 6D were omitted.]

(2) A person ceases to be an eligible student if he abandons or is expelled from a designated course.

Textual Amendments

F1 Reg. 4(1)-(1B) substituted for reg. 4(1) (1.8.2021) by The Further Education (Student Support) (Eligibility) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2021 (S.R. 2021/202), regs. 1(1), 3

Commencement Information

I4 Reg. 4 in operation at 1.9.2012, see reg. 1

Designated courses N.I.

5.  A course is a designated course for the purposes of Article 3(1) of the Order and these Regulations if it is—

(a) a further education course or a higher education course; and

(b) wholly provided by an institution of further education in Northern Ireland.

Commencement Information

I5 Reg. 5 in operation at 1.9.2012, see reg. 1

Applying for support and provision of information N.I.

6.—(1) An institution of further education shall apply for support in respect of each eligible student on a designated course by completing and submitting to the Department such documentation as the Department may require.

(2) The Department may take such steps and make such inquiries as it considers necessary to determine whether an application for support is in respect of an eligible student.

(3) If the Department is satisfied that an institution of further education has failed to comply with any requirement to provide information under these Regulations or has provided information which is incomplete or inaccurate in a material particular, the Department may—

(a) determine that the institution no longer qualifies for any particular support or particular amount of support; and

(b) treat any support paid to the institution as an overpayment which may be recovered by such means as the Department considers appropriate.

Commencement Information

I6 Reg. 6 in operation at 1.9.2012, see reg. 1

Payments N.I.

7.—(1) Support shall not be paid to an institution of further education until the Department has received a valid request for payment from the institution.

(2) If the Department is satisfied that an application for support is valid for an eligible student on a designated course, then the Department will provide support to the institution of such amounts as it considers appropriate.

(3) Any amount payable under paragraph (2) may be paid in such instalments as the Department considers appropriate.

Commencement Information

I7 Reg. 7 in operation at 1.9.2012, see reg. 1

Revocation N.I.

8.  The Further Education (Student Support) (Eligibility) Regulations (Northern Ireland) 2011(2) are revoked.

Commencement Information

I8 Reg. 8 in operation at 1.9.2012, see reg. 1

Sealed with the Official Seal of the Department for Employment and Learning on 30 July 2012.

Dr. Stephen Farry

Minister for Employment and Learning