The Education (Student Support, etc.) (Amendment) (No.3) Regulations (Northern Ireland) 2022

Statutory Rules of Northern Ireland

2022 No. 263

Education

The Education (Student Support, etc.) (Amendment) (No.3) Regulations (Northern Ireland) 2022

Made

25th October 2022

Coming into operation-

16th November 2022

The Department for the Economy(1) in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998(2) and Articles 4(8) and 14(4) of the Higher Education (Northern Ireland) Order 2005(3) makes the following Regulations.

In accordance with Article 4(11)(a)(i) and (b)(i) of the Higher Education (Northern Ireland) Order 2005 the Department is satisfied that the increases to the basic and higher amounts are no greater than are required to maintain the value of those amounts in real terms

PART 1 N.I.

Introductory N.I.

Citation, commencement and application N.I.

1.—(1) These Regulations may be cited as The Education (Student Support, etc.) (Amendment) (No.3) Regulations (Northern Ireland) 2022.

(2) These Regulations come into operation on 16th November 2022.

(3) The following provisions apply in relation to the provision of support to a student in relation to an academic year which begins on or after 1st August 2023, whether or not anything done under these Regulations is done before, on or after that date—

(a) regulations 3 and 4;

(b) regulation 7, 8 and the Schedule.

(4) In paragraph (3) an “academic year” is the period of twelve months beginning with 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins, according to whether the academic year of the course in question begins—

(a) on or after 1st January and before 1st April;

(b) on or after 1st April and before 1st July;

(c) on or after 1st July and before 1st August; or

(d) on or after 1st August and on or before 31st December.

Commencement Information

I1 Reg. 1 in operation at 16.11.2022, see reg. 1(2)

Interpretation N.I.

2.  In these Regulations —

(a) “the 2009 Regulations” means the Education (Student Support) (No.2) Regulations (Northern Ireland) 2009(4).

(b) “the 2007 Regulations” means The Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007(5).

(c) “the 2005 Regulations” means The Student Fees (Amounts) Regulations (Northern Ireland) 2005 (6)

Commencement Information

I2 Reg. 2 in operation at 16.11.2022, see reg. 1(2)

PART 2 N.I.

CHAPTER 1 N.I. Amendment of the Student Fees (Amounts) Regulations (Northern Ireland) 2005

Amendment to the 2005 Regulations N.I.

3.  In regulation 3 (Prescribed basic and higher amounts)—

(a) for “£1,825” substitute “£1,855”; and

(b) for “£4,630” substitute “£4,710”.

Commencement Information

I3 Reg. 3 in operation at 16.11.2022, see reg. 1(2)

4.  In regulation 4 (Prescribed basic and higher amounts for specified courses)—

(a) for “£890” substitute “£905”; and

(b) for “£2,300” substitute “£2,340”.

Commencement Information

I4 Reg. 4 in operation at 16.11.2022, see reg. 1(2)

CHAPTER 2 N.I. Graduate Entry Courses

Amendments to the 2007 Regulations N.I.

5.  In regulation 2(7), in the appropriate place insert—

““graduate entry course” means a “graduate entry dentistry course”, “graduate entry medicine course”, “graduate entry social work course” or a “graduate entry veterinary course”.

“graduate entry dentistry course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a dentist, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry medicine course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a medical doctor, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry social work course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a social worker, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry veterinary course” means a course—

(a)

the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, and

(b)

where a first degree or equivalent qualification would normally be required for entry to the course;”.

Commencement Information

I5 Reg. 5 in operation at 16.11.2022, see reg. 1(2)

6.  In regulation 5(8) (prescribed description of a qualifying person) after paragraph 3 insert—

“(3A) Paragraph (2) does not apply where the qualifying course is a graduate entry course.”

Commencement Information

I6 Reg. 6 in operation at 16.11.2022, see reg. 1(2)

CHAPTER 3 N.I. Amendments to Loan Amounts

Amendments to the 2009 Regulations N.I.

7.  In Regulation 66 (current system students with full entitlement) for paragraph (4) substitute—

“(4) “the maintenance grant amount” is, unless otherwise stated,—

(i) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,318, the amount of maintenance grant payable;

(ii) where the student qualifies under regulation 58(2) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,625 less £1 in every complete £12.32 by which the household exceeds £19,203;

(iii) where the student qualifies under regulation 58(2) for an amount of maintenance grant of £1,738, £1,625;

(iv) where the student qualifies under regulation 58(3) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £2,642 less £1 in every complete £7.42 by which the household income exceeds £19,203;

(v) where the student qualifies under regulation 58(4) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,550 less £1 in every complete £16.45 by which the household exceeds £19,203;

(vi) where the student qualifies under regulation 58(5) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £2,115 less £1 in every complete £12.32 by which the household income exceeds £19,203;

(vii) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,475, £2,115; and

(viii) where no maintenance grant is payable, nil.”

Commencement Information

I7 Reg. 7 in operation at 16.11.2022, see reg. 1(2)

8.  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 provision of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 set out in the first column.

Commencement Information

I8 Reg. 8 in operation at 16.11.2022, see reg. 1(2)

CHAPTER 5 N.I. Miscellaneous

9.  In Schedule 6(9) to the 2009 Regulations (Relevant Institutions of Higher Education in the Republic of Ireland)— N.I.

(a) add “Atlantic Technological University”;

(b) after “Maynooth University” add “South East Technological University”;

Commencement Information

I9 Reg. 9 in operation at 16.11.2022, see reg. 1(2)

Sealed with the Official Seal of the Department for the Economy on 25th October 2022.

Mr Trevor Cooper

A senior officer of the Department for the Economy

Regulation 8

SCHEDULE N.I.

Commencement Information

I10 Sch. in operation at 16.11.2022, see reg. 1(2)

NEW SUPPORT RATES

Provision in the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009	Existing figure	New figure
Regulation 25
25(2A)(a)	£4,630	£4,710
25(2B)(a)	£2,300	£2,340
25(14)(b)	£4,630	£4,710
Regulation 66
66(2)(i)	£3,750	£5,250
66(2)(ii)	£6,780	£9,492
66(2)(iii)	£5,770	£8,078
66 (2)(iv)	£4,840	£6,776
66(3)(i)	£3,390	£4,746
66(3)(ii)	£6,170	£8,638
66(3)(iii)	£5,015	£7,021
66(3)(iv)	£4,480	£6,272
Regulation 67
67(2)(a)	£3,750	£5,250
67(2)(b)	£6,780	£9,492
67(2)(c)	£5,770	£8,078
67(2)(d)	£4,840	£6,776
67(3)(a)	£3,390	£4,746
67(3)(b)	£6,170	£8,638
67(3)(c)	£5,015	£7,021
67(3)(d)	£4,480	£6,272
Regulation 69
69(1)(a)(i)	£1,780	£2,492
69(1)(a)(ii)	£3,330	£4,662
69(1)(a)(iii)	£2,370	£3,318
69(1)(b)(i)	£1,780	£2,492
69(1)(b)(ii)	£3,330	£4,662
69(1)(b)(iii)	£2,835	£3,969
69(1)(b)(iv)	£2,370	£3,318
69(1)(c)(i)	£2,812	£3,925
69(1)(c)(ii)	£5,085	£7,119
69(1)(c)(iii)	£4,330	£6,062
69(1)(c)(iv)	£3,630	£5,082
69(2)(a)(i)	£1,350	£1,890
69(2)(a)(ii)	£2,550	£3,570
69(2)(a)(iii)	£1,850	£2,590
69(2)(b)(i)	£1,350	£1,890
69(2)(b)(ii)	£2,550	£3,570
69(2)(b)(iii)	£2,070	£2,898
69(2)(b)(iv)	£1,850	£2,590
69(2)(c)(i)	£2,540	£3,560
69(2)(c)(ii)	£4,630	£6,479
69(2)(c)(iii)	£3,760	£5,266
69(2)(c)(iv)	£3,360	£4,704
Regulation 70
70(5)(i)	£55	£77
70(5)(ii)	£108	£152
70(5)(iii)	£117	£164
70(5)(iv)	£84	£118
Regulation 91
91(1)(a)	£2,812	£3,925
91(1)(b)	£5,085	£7,119
91(1)(c)	£4,330	£6,062
91(1)(d)	£3,630	£5,082
91(2)(a)	£2,540	£3,560
91(2)(b)	£4,630	£6,479
91(2)(c)	£3,760	£5,266
91(2)(d)	£3,360	£4,704
Regulation 110A
110A(1)(a)	£3,472.50	£3,532.50
Regulation 117
117(4)(d)(i)	£3,472.50	£3,532.50
Regulation 127A
127A(1)(a)	£3,472.50	£3,532.50
Regulation 135
135(4A)(d)(i)	£3,472.50	£3,532.50
135(10B)(a)(i)	£3,472.50	£3,532.50
135(19)(a)(i)	£3,472.50	£3,532.50
Regulation 156
156(1)(a)	£5,500	£6,500
156(4)(a)	£5,500	£6,500
Schedule 5
9(1)(a)	£9.50	£6.79

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend legislation which makes provision about, or in connection with, student finance. Three sets of Student Support Regulations are amended. Those Regulations are the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 “the 2009 Regulations”, the Student Fees (Amounts) Regulations (Northern Ireland) 2005 (“the 2005 Regulations”) and the Student Fees (Qualifying Courses and Persons) Regulations (Northern Ireland) 2007 “the 2007 Regulations”.

Regulations 3 and 4 of these regulations amend the 2005 Regulations by increasing the basic and higher amounts prescribed in the 2005 Regulations. In each case the increases are by 1.8%, and will come into operation on 1st September 2023.

The 2005 Regulations prescribe the basic and higher amounts which higher education institutions in Northern Ireland may charge by way of tuition fees. Regulation 3 of the 2005 Regulations sets out the basic and higher amounts which ordinarily apply. Regulation 4 of the 2005 Regulations sets out the lower basic and higher amounts which apply in respect of an academic year of specified courses.

Regulations 5 and 6 amends the 2007 Regulations to correct an omission to ensure that those students studying for graduate entry courses are not discounted from Home Fee Status because of holding a previous honours degree.

Regulation 9 makes amendments to Schedule 6, to update the list of relevant institutions of higher education in the Republic of Ireland.

New payment rates (regulations 7, 8 and the Schedule) N.I.

The 2009 Regulations are amended to update the payment rates for student support for an academic year which begins on or after 1st August 2023 (regulations 7, 8 and the Schedule).

An impact assessment has not been produced for this rule as no, or no significant impact on the private, voluntary or public sectors is foreseen.

(1)

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)

(2)

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

(3)

S.I. 2005/1116 see Article 2(2) for definitions of “the Department”, “prescribed” and “regulations”.

(4)

S.R. 2009 No. 373, amended by S.R.s 2010 No. 383, 2012 Nos. 62 and 398, 2013 Nos. 128 and 223, 2014 Nos. 97 and 309, 2016 No. 21, 2017 Nos. 7 and 43, 2018 No. 35, 2019 Nos.35 and 102, 2020 No. 79, 2021 Nos. 50, 85 and 260 and 2022 No 75 and 201.

(5)

S.R. 2007 No. 328 was amended by Order 2011/1043. S.R.s 2007 No. 375, 2011 Nos. 70 and 376, 2013 No. 37, 2019 No. 35, 2020 No. 79, 2021 Nos. 50, 85 and 260 and 2022 No 75 and 201.

(6)

S.R. 2005 No. 290 as amended by S.R. 2006 No. 455, S.R. 2007 No. 442, S.R. 2008 No. 455, S.R. 2009 No. 400, S.R 2011 Nos. 1 and 369, S.R. 2012 No. 184, S.R. 2013 No. 120, S.R. 2014 No. 116, S.R. 2015 No. 243, S.R. 2016 No. 354, S.R. 2017 No. 104, S.R. 2018 No. 105, S.R. 2019 No. 102, S.R. 2020 No. 98 and S.R. 2022 No. 260.

(7)

Regulation 2 was amended by S.R. 2011 no. 376.

(8)

Regulation 5 was amended by S.R.s 2011 No. 376, 2021 No. 85 and 2022 No.75.

(9)

Schedule 6 was amended by S.R.s 2013 No. 223, 2014 No. 309, 2016 No. 21, 2017 No. 43, 2019 No.35, 2020 No. 79 and S.R. 2021 No. 50.