The Education (Student Support) Regulations 2002

Eligible part-time students

28.—(1) Subject to and in accordance with this Part a person shall be eligible for support in connection with his undertaking a designated part-time course if he is a person mentioned in Schedule 1.

(2) A person shall not be eligible under this regulation if:

(a) he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule;

(b) there has been bestowed on him or paid to him in relation to his undertaking the part-time course—

(i) a bursary or award of similar description under section 63 of the Health Services and Public Health Act 1968(1) or article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(2) whether the amount of which is calculated by reference to his income or not; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(3); or

(iii) any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 where that part-time course leads to a qualification in a healthcare profession, other than as a medical doctor or dentist, whether the amount of which is calculated by reference to his income or not;

(c) he is in breach of any obligation to repay any loan;

(d) he has not ratified any agreement for a loan made with him when he was under the age of 18; or

(e) he has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to receive support.

(3) For the purposes of paragraph 2(c) and (d) “loan” means a loan made under the Education (Student Loans) Act 1990(4), the Education (Student Loans) (Northern Ireland) Order 1990(5) the Education (Scotland) Act 1980(6) and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998(7) and regulations made thereunder, or the Act and regulations made thereunder.

(4) Paragraph 2(d) shall only apply, in a case where the agreement for a loan is subject to the law of Scotland, if it was made—

(a) before 25th September 1991, and

(b) with the concurrence of the borrower’s curator, or at a time when he had no curator.

(5) A person shall not be eligible for support for more than one designated part-time course at any one time.

(6) Where a person who meets the requirements of this regulation is notified of that fact by the Secretary of State under regulation 32(6) he shall thenceforth be an “eligible part-time student” for the purposes of these Regulations.

(1)

1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S. I. 1985/39), article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No. 2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4).

(2)

S.I. 1972/1265 (N. I. 14).

(3)

S.I. 1992/580.

(4)

1990 c. 6, amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67; by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3.

(5)

S.I. 1990/1506 (N. I. 11).

(6)

1980 c. 44, amended by the Teaching and Higher Education Act 1998 (c. 30), section 29.

(7)

S.I. 1998/1760 (N. I. 14).