2018 No. 35
Education
The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018
Made 27th February 2018
Coming into operation 23rd March 2018

The Department for the Economy 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.
Formerly the Department for Employment and Learning; see Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)
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 Student Loans (Amendment) Act (Northern Ireland) 2001, (c.2 (N.I.)), s.1(1), the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6, the Finance Act 2003, (c.14), s. 147(4), the Higher Education (Northern Ireland) Order 2005, (S.I. 2005/1116 (N.I. 5)), Articles 11 and 12 and the Schedule, and by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, (S.I. 2013/1881), Schedule 1

1 Citation and commencement
1 These Regulations may be cited as the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 23rd March 2018.
2 These Regulations, apart from this regulation and regulations 3 and 6, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2018 whether anything done under these Regulations is done before, on or after 1st September 2018.

Amendment of Education (Student Support) (No.2) Regulations (Northern Ireland) 2009
2 The Education (Student Support) (No.2) Regulations (Northern Ireland) 2009 shall be amended as provided by regulations 3 to 9.
S.R. 2009 No. 373, amended by S.R. 2010 No. 383, S.R. 2012 Nos. 62 and 398, S.R. 2013 Nos. 128 and 223, S.R. 2014 Nos. 97 and 309, S.R. 2016 No. 21, S.R. 2017 No. 7 and S.R. 2017 No.43
3 In regulation 107 (Designated distance learning courses), at paragraph (3)(b) after “weekend” insert “, from time to time during the week”.
4 In regulation 109 (Support for distance learning courses) after paragraph (4B) insert—

“4C For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.”

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5 In regulation 112 (Disabled distance learning students’ allowance) after paragraph (4B) insert—

“4C For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.”

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6 In regulation 124 (Designated part-time courses), after paragraph (7) insert-

“8 In designating a part-time course studied through distance learning, the Department may disregard-
(a) any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of-
(i) registration or enrolment;
(ii) an examination;
(b) any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend, from time to time during the week or during any vacation;
(c) any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.”

7 In regulation 126 (Assistance for part-time courses) after paragraph (3C) insert—

“3D For the purposes of paragraph (3A), a person (“A”) is to be treated as undertaking the designated part-time distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-
(a) A,
(b) A’s spouse or civil partner,
(c) A’s parent, or
(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.”

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8 In regulation 149 (Eligible Master’s, etc. Students)-
(a) After paragraph (3)(f) insert-

“(g) Subject to paragraph (15), A has previously received a Postgraduate Master’s Degree loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.”

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(b) After paragraph (14A) insert—

“14B For the purposes of paragraph (13), a person (“A”) is to be treated as undertaking the designated Master’s, etc. distance learning course in Northern Ireland on the first day if on the first day A would have been so resident but for the fact that-
(c) A,
(d) A’s spouse or civil partner,
(e) A’s parent, or
(f) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,
is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.”

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(c) For paragraph (15), substitute-

“15 The Department may deem a person who has previously received a-
(i) Master’s, etc. fee loan under these Regulations in relation to a designated Master’s, etc. course, or
(ii) Postgraduate Master’s Degree loan other than under these Regulations, in relation to a designated Postgraduate Master’s Degree course, where that loan was paid out of funds provided by a government authority within the United Kingdom
to be an eligible Master’s, etc. student where the Department is of the view that the person had not been able to complete the previous Master’s, etc. course or Postgraduate Master’s Degree course due to compelling personal reasons.”

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9 The Schedule to these Regulations has effect to substitute the figure in the third column of the table for the figure in the second column where that figure appears in the regulation 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 the Economy on 27th February 2018.
Mr Trevor Cooper A senior officer of the Department for the Economy
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(2A)(a)	£4,030	£4,160
25(2B)(a)	£2,005	£2,070
Regulation 32		
32(1)(a)	£1,595	£1,645
32(2)(a)	£780	£805
Regulation 33		
33(1)	£1,595	£1,645
33(2)	£780	£805
Regulation 36		
36(2)(a)	£1,595	£1,645
36(2)(a)	£780	£805
Regulation 89		
89(5)	£1,595	£1,645
Regulation 110A		
110A(1)(a)	£3,022.50	£3,120
Regulation 117		
117(4)(d)(i)	£3,022.50	£3,120
Regulation 127A		
127A(1)(a)	£3,022.50	£3,120
Regulation 135		
135(4A)(d)(i)	£3,022.50	£3,120
135(10B)(a)(i)	£3,022.50	£3,120
135(19)(a)(i)	£3,022.50	£3,120
Regulation 9

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations further amend the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (S.R. 2009 No.373) (“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 9 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 2018. They also set out the increased payment rates for fee loans for part-time and distance learning courses from 1st September 2018.
Regulation 3 amends regulation 107 of the 2009 Regulations to provide further clarification on the designation of full-time distance learning courses for the purpose of student financial support.
Regulations 4 and 5 amend regulations 109 and 112 of the 2009 Regulations so that a person in the armed forces or a family member of such a person may still qualify for support for a full-time distance learning course if on the first day of the first academic year of the course they are undertaking it outside Northern Ireland but within the United Kingdom.
Regulation 6 amends regulation 124 of the 2009 Regulations to provide further clarification on the designation of part-time distance learning courses for the purpose of student financial support.
Regulation 7 amends regulation 126 of the 2009 Regulations so that a person in the armed forces or a family member of such a person may still qualify for support for a part-time distance learning course if on the first day of the first academic year of the course they are undertaking it outside Northern Ireland but within the United Kingdom.
Regulation 8 amends regulation 149 of the 2009 Regulations. Firstly it amends previous study rules to prevent a student who has already had a postgraduate loan paid from public funds in the United Kingdom obtaining another loan under these Regulations, unless that student has compelling personal reasons. The second amendment to Regulation 149 ensures a person in the armed forces or a family member of such a person may still qualify for support for a postgraduate distance learning course if on the first day of the course they are undertaking it outside Northern Ireland but within the United Kingdom.