The Education (Student Support) Regulations 2005

Applications for support

39.—(1) A person (the “applicant”) shall apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Secretary of State an application in such form and accompanied by such documentation as the Secretary of State may require.

(2) The general rule is that the application must reach the Secretary of State within a period of six months beginning with the first day of the academic year of the course in respect of which it is submitted.

(3) The general rule in paragraph (2) does not apply where—

(a) the course becomes a designated part-time course after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day on which the course was designated;

(b) the applicant, his spouse, his civil partner or his parent is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 2 after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Secretary of State within a period of six months beginning with the day of recognition or the day the leave was granted, respectively; or

(c) the applicant is applying for support under regulation 38, in which case the application must reach the Secretary of State as soon as is reasonably practicable;

(d) the Secretary of State considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Secretary of State not later than such date as she specifies.

(4) The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether the applicant is an eligible part-time student, whether he qualifies for support and the amount of support payable, if any.

(5) The Secretary of State shall notify the applicant of whether or not he qualifies for support and, if he does qualify, the amount of support payable in respect of the academic year, if any.