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The Education (Student Support) Regulations (Northern Ireland) 2007

Type Ni-Statutory-Rule

Publication 2007-03-22

Last updated 2008-07-17

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Y is the reduction.

(3) In this regulation, “the reduction” is—

(a) for students eligible for the maximum bursary of £2,000, £1,500; and

(b) in all other cases the amount of bursary for which the student is eligible, subject to paragraph (4).

(4) Where the maximum amount of loans set out in paragraphs (1) and (2) are reduced under paragraph (3), such reductions shall not have effect so as to reduce the amount of loan below the amount applicable to the student under regulation 69(1)(e) or (2)(e).

Students with reduced entitlement

69

(1) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—

(i) for a student in category A, £1,660;

(ii) for a student in category B, £3,100;

(iii) for a student in category C or D, £2,210.

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—

(i) for a student in category A, £1,660;

(ii) for a student in category B, £3,100;

(iii) for a student in category C, £2,645;

(iv) for a student in category D, £2,210;

(c) where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—for a student in category A, £2,620;for a student in category B, £4,735;for a student in category C, £4,030;for a student in category D, £3,385;

Y is the amount specified in sub-paragraph (d);

(d) the specified amount is—

(i) £615 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £615;

(ii) £1,230 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,230;

(iii) nil where the student is not a type 1 or type 2 teacher training student.

(e) Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—

(i) for a student in category A, £2,005;

(ii) for a student in category B, £4,825;

(iii) for a student in category C ..., £3,885;

(iv) for a student in category D, £3,020.

(2) Subject to Chapter 3 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)—

(i) for a student in category A, £1,260;

(ii) for a student in category B, £2,375;

(iii) for a student in category C or D, £1,720;

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—

(i) for a student in category A, £1,260;

(ii) for a student in category B, £2,375;

(iii) for a student in category C, £1,930;

(iv) for a student in category D, £1,720;

(c) where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—for a student in category A, £2,365;for a student in category B, £4,315;for a student in category C, £3,505;for a student in category D, £3,130;

Y is the amount specified in sub-paragraph (d);

(d) the specified amount is—

(i) £615 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £615;

(ii) £1,230 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,230;

(iii) nil where the student is not a type 1 or type 2 teacher training student;

(e) Where an old system student applies for a loan for living costs and opts not to provide information needed to calculate the household income—

(i) for a student in category A, £1,665;

(ii) for a student in category B, £4,260;

(iii) for a student in category C ..., £3,185;

(iv) for a student in category D, £2,685.

CHAPTER 3 — MISCELLANEOUS

Quarters in respect of which the loan for living costs is payable

70

(1) Subject to regulation 71, the loan for living costs is payable in respect of three quarters of the academic year.

(2) The loan for living costs is not payable—

(a) in the case of a compressed degree student, in respect of the quarter nominated by the Secretary of State for Education and Skills;

(b) in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs.

Students falling into more than one category

71

(1) Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(i) the category into which the student falls for the longer or longest period in that quarter; or

(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students residing with parents

72

Where an eligible student resides at his parents’ home and the Department is satisfied that in all the circumstances his parents by reason of age, incapacity or otherwise cannot reasonably be expected to support him and that it would be appropriate for the amount of loan for living costs payable to a student in a category other than category A to apply in his case, the student must be treated as if he were not residing at his parents’ home for the purposes of this Part.

Students becoming eligible in the course of an academic year

73

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

(2) The events are—

(a) the student’s course becomes a designated course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(d) the student acquires the right of permanent residence;

(da) the student becomes the child of a Turkish worker;

(e) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2; or

(f) the student becomes the child of a Swiss national.

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Students who are treated as in attendance on a course

74

(1) A student to whom this regulation applies is treated as if he were in attendance on the designated course for the purpose of qualifying for the loan for living costs.

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom or the Republic of Ireland but is not in attendance because he is unable to attend for a reason which relates to his disability.

Increases in maximum amount

75

(1) Where an eligible student is required to attend his course for a period exceeding 30 weeks and 3 days in an academic year, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week or part week of attendance in the academic year beyond 30 weeks and 3 days by the relevant amount in paragraph (3).

(2) Where an eligible student attends his course for a period of not less than 45 weeks in any continuous period of 52 weeks, the maximum amount of loan for living costs specified in Chapter 2 of this Part is increased for each week in the 52-week period during which he did not attend by the relevant amount in paragraph (3).

(3) The amount is—

(a) for a student in category A, £52;

(b) for a student in category B, £100;

(d) for a student in category D, £79.

(4) Where an eligible student attends a course at the University of Ulster for a period not exceeding 6 weeks during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the amounts shall be increased for each week or part week of such attendance—

(a) for a student in Category A, by £52; or

(b) for a student in Category D, by £79.

(5) This regulation does not apply in the case of a student with reduced entitlement.

Deductions from loans for living costs

76

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 9.

(2) There is no deduction under Part 9 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.

Applying for an additional amount of loan for living costs

77

(1) An eligible student may apply to borrow an additional amount of loan for living costs where—

(a) the Department determines that the maximum amount of loan for living costs in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b) the Department considers that the increase in the maximum amount does not result from the eligible student—

(i) failing to provide information promptly which might affect his ability to qualify for a loan for living costs or the amount of loan for living costs for which he qualifies; or

(ii) providing information that is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs of less than the maximum amount to which he is entitled in relation to the academic year, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his case.

Categories of student

78

In this Part—

(a) a student is in category A if he resides at his parents’ home while attending the designated course or if he is a member of a religious order who resides in a house of that order;

(b) a student is in category B if he is not in category A and he attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that he undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(i) he attends as part of his course an overseas institution; or

(ii) he attends the Institute;

(d) a student is in category D if he is not in categories A to C.

Interpretation of Part 6

79

In this Part—

(a) a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b) an “old system student with full entitlement” is an old system student other than a student with reduced entitlement;

(d) a “student with reduced entitlement” is an eligible student who—

(i) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(a);

(ii) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(b) or (5); or

(iii) opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(e) where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

PART 7 — COLLEGE FEE LOANS

General

80

An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course in accordance with this Part.

Qualifying conditions

81

(1) Subject to paragraphs (2) and (3), an eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course if he—

(a) has an honours degree from an institution in the United Kingdom;

(b) is taking a qualifying course which he—

(i) began on or after 1st September 2006 and on which he is continuing after 31st August 2007; or

(ii) begins on or after 1 September 2007;

(c) is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and

(d) was under the age of 60 on the first day of the first academic year of the qualifying course.

(2) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 does not qualify for a college fee loan under this Part if he is ordinarily resident in England or Wales.

(3) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 and who is ordinarily resident in Scotland does not qualify for a college fee loan if he is settled in the United Kingdom other than by reason of having acquired the right of permanent residence or if he is the family member of such a person.

Persons to be treated as eligible students

82

A person is “a person treated as an eligible student” if—

(a) none of the circumstances in regulation 5(3) applies to him; and

(b) either—

(i) he would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 2 if any requirement in those paragraphs to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland; or

(ii) he is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 2 if the requirement in that paragraph to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland.

Disabled students

83

A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because he is unable to attend for a reason which relates to his disability is treated as if he were in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year

84

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

(a) a student may qualify for a college fee loan in accordance with this Part in respect of that academic year provided that the relevant event occurred within the first three months of the academic year; and

(b) a college fee loan is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The relevant events are—

(a) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(b) a state accedes to the European Community and the student is a national of that state or is the family member (as defined in Part 1 of Schedule 2) of a national of that state or would have been a family member of a national of that state if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;

(c) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national or would have become a family member of an EC national if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;

(d) the student acquires the right of permanent residence;

(da) the student becomes the child of a Turkish worker;

(e) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2 or would have become such a person if the requirement to be ordinarily resident in Northern Ireland and the requirement to be working or self-employed in Northern Ireland in paragraph 6 of Part 2 of Schedule 2 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

(f) the student becomes the child of a Swiss national.

Availability of college fee loans

85

(1) To receive a college fee loan, a qualifying student must enter into a contract with the Department.

(2) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

(3) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.

(4) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of college fee loan

86

(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to his college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available in relation to the academic year, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

Transfers

87

Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the Department must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 102 are met and he cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, he cannot apply for another college fee loan in connection with the academic year of the qualifying course to which he transfers.

PART 8 — INTEREST AND INSOLVENCY

Interest

88

(1) Subject to paragraph (2), loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980[^f00053] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2006 and that index so published for March 2007.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974[^f00054] loans bear interest at the rate so specified.

(3) Interest is calculated on the principal outstanding daily and is added to the principal monthly.

(4) The index of prices to which the Department is required by Article 3(8) of the Order to have regard in prescribing the rate of interest which loans bear is the retail prices all items index mentioned in paragraph (1).

Insolvency

89

(1) In Northern Ireland—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989[^f00055] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of loan and which he receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 15th January 2005, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 15th January 2005, before or after the commencement of the bankruptcy.

(2) In England and Wales—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986[^f00056] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

(b) there shall not be included in a person’s bankruptcy debts any debt or liability to which he is or may become subject in respect of any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive—

(i) in the case of a bankruptcy commencing before 15th January 2005, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 15th January 2005, before or after the commencement of the bankruptcy.

(3) In this regulation, “loan” means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest on the loan and any penalties or charges incurred in connection with it.

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

90

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

(2) For the purposes of the exercise of the Department’s functions under the Order and regulations made under it, it may require an eligible student to provide from time to time such information as it considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Application of contribution – current system students

91

In the case of a current system student, the Department must apply the contribution in accordance with regulation 93 until it is extinguished.

Application of contribution – old system students

92

(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 30(1) or 31(1), to determine the actual amount of grant for fees that is payable, the Department must first apply the contribution to reduce the basic amount of the grant for fees.

(2) If the contribution is not extinguished under paragraph (1), the Department must apply the remainder in accordance with regulation 93.

(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 93.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 30(2) or regulation 31(2) and one of the cases set out in regulation 23(3)(b), (d) or (e) applies, to determine the actual amount of the grant for fees that is payable, the Department must—

(a) first, apply the contribution to reduce the basic amount of the grant for fees;

(b) second, if the contribution is not extinguished, deduct an amount equal to the basic amount of the grant for fees from what is left of the contribution reducing the remainder of the contribution to no less than nil; and

(5) In the case of an Erasmus year, the Department must apply the amount by which the contribution exceeds £1,225 in accordance with regulation 93.

(6) Where none of the circumstances in the paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 93.

Order of application

93

The contribution or the remainder of the contribution, as the case may be, is to be applied as follows until it is extinguished—

(a) first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 48;

(b) second, to reduce the childcare grant calculated in accordance with regulation 48;

(c) third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (except the first £50 of the allowance);

(d) fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 94;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Application of contribution to loan for living costs

94

(1) Subject to paragraphs (2) and (5), the “minimum level for the academic year” in regulation 93(d) for a current system student is—

(a) £2,620, in the case of a student in category A;

(b) £4,735, in the case of a student in category B;

(d) £3,385, in the case of a student in category D.

(2) Subject to paragraph (5), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” is—

(a) £2,365, in the case of a student in category A;

(b) £4,315, in the case of a student in category B;

(d) £3,130, in the case of a student in category D.

(3) Subject to paragraphs (4) and (5), the “minimum level for the academic year” for an old system student is—

(a) £2,005, in the case of a student in category A;

(b) £4,825, in the case of a student in category B;

(d) £3,020, in the case of a student in category D.

(4) Subject to paragraph (5), where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” for an old system student is—

(a) £1,665 in the case of a student in category A;

(b) £4,260, in the case of a student in category B;

(d) £2,685, in the case of a student in category D.

(5) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) and (2) are the aggregate of the amounts determined under paragraph (4) for each of the quarters in respect of which a loan is payable.

(6) The amount determined for each quarter is one third of the amount in paragraph (1), (2), (3) or (4) which corresponds to the rate applicable for the quarter.

(7) The rate applicable for a quarter is determined in accordance with regulation 71.

(8) Categories A to D have the meaning given in regulation 78.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students

95

(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(2) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—

$$A−B$ where A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and B is the amount of maintenance grant payable to the student.$

PART 10 — PAYMENTS

CHAPTER 1 — PAYMENT OF GRANTS FOR FEES

Payment of grants for fees

96

(1) The Department must not pay the grant for fees for which a student qualifies until it has received a valid request for payment from the academic authority.

(2) Payment must be made to the academic authority—

(a) not before the expiry of a period of three months beginning with the first day of the academic year; and

(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later.

(3) Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Department may make a provisional assessment and payment.

(4) No payment of the grant for fees can be made in respect of a designated course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 17, undertake the course; and

(b) the academic authority has determined or agreed that the student will not commence attending in the United Kingdom or the Republic of Ireland or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.

CHAPTER 2 — PAYMENT OF GRANTS FOR LIVING COSTS AND OTHER COSTS

Payment of grants for living and other costs

97

(1) The Department may pay support under Part 5 in instalments.

(2) Subject to paragraph (3), the Department may pay support under Part 5 at such times as it considers appropriate.

(3) An institution is required to send an attendance confirmation to the Department.

(4) The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before it has received the confirmation unless an exception applies.

(5) An exception applies if—

(a) a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or

(b) the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and it may make it a condition of entitlement to payment that the eligible student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5.

(8) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(9) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine—

(a) the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and

(b) how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).

(10) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(11) If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) it may treat the excess as an overpayment of that grant; or

(b) if it considers that it is appropriate to do so it may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.

(12) Subject to paragraph (13), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(13) Paragraph (12) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment.

(14) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from his course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(15) In deciding whether it would be appropriate for support to be due under paragraph (14) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(16) An eligible student is not to be considered absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.

(17) Where, after the Department has made any payment of support under Part 5 or 6, it makes a determination of the amount of a bursary or grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the student qualifies it must pay the additional amount in such instalments (if any) and at such times as it considers appropriate;

(b) if the determination decreases the amount of that grant for which the student qualifies it must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with Chapter 4 of this Part.

CHAPTER 3 — PAYMENT OF LOANS

General

98

(1) Subject to paragraph (2) —

(a) fee loans and fee contribution loans are payable in accordance with regulation 101;

(b) college fee loans are payable in accordance with regulation 102;

(2) Regulations 99 and 100 apply in respect of the payment of all loans.

Provision of United Kingdom national insurance number

99

(1) The Department may make it a condition of entitlement to payment of any loan that the eligible or qualifying student must provide it with his United Kingdom national insurance number.

(2) Where the Department has imposed a condition under paragraph (1), it must not make any payment of the loan to the eligible or qualifying student before it is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Department may make a payment of loan to the eligible or qualifying student if it is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible or qualifying student having complied with the condition imposed under paragraph (1).

Information requirements

100

(1) The Department may at any time request from an applicant, eligible student or qualifying student information that it considers is required to recover a loan.

(2) The Department may at any time require an applicant, eligible student or qualifying student to enter into an agreement to repay a loan by a particular method.

(3) The Department may at any time request from an applicant, eligible student or qualifying student sight of his valid national identity card, his valid passport issued by the state of which he is a national or his birth certificate.

(4) Where the Department has requested information under this regulation, it may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request.

(5) Where the Department has requested an agreement as to the method of repayment under this regulation, it may withhold any payment of a loan until the person provides what has been requested.

Payment of fee loans and fee contribution loans

101

(1) The Department must pay the fee loan or fee contribution loan for which an eligible student qualifies to an institution to which the student is liable to make payment.

(2) The Department may pay the fee loan or fee contribution loan in instalments.

(3) The Department must not pay the fee loan or fee contribution loan before—

(a) it has received a request for payment from the academic authority; and

(b) a period of three months beginning with the first day of the academic year has expired.

(4) Where assessment of an old system student’s contribution or other matters have delayed the final calculation of the amount of fee contribution loan for which the student qualifies, the Department may make a provisional assessment and payment.

(5) No payment of fee loan or fee contribution loan can be made in respect of a designated course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 17, undertake the course; and

(b) the academic authority has determined or agreed that the student will not commence attending in the United Kingdom or the Republic of Ireland or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.

Payment of college fee loans

102

(1) The Department must pay the college fee loan for which a qualifying student qualifies to the college or permanent private hall to which the student is liable to make payment.

(2) The Department must pay the college fee loan in a single instalment.

(3) The Department must not pay the college fee loan before—

(a) it has received a request for payment from the college or permanent private hall; and

(b) a period of three months beginning with the first day of the academic year has expired.

(4) A college or permanent private hall is required to send an attendance confirmation to the Department.

(5) The Department must not pay the college fee loan until it has received an attendance confirmation from the relevant college or permanent private hall unless it determines that owing to exceptional circumstances, it would be appropriate to make a payment without receiving that confirmation.

(6) The Department must not make a payment of college fee loan in respect of a qualifying course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the qualifying student ceases to attend or, in the case of a student who is treated as in attendance under regulation 83, undertake the course; and

(b) the college or permanent private hall has determined or agreed that the student will not commence attending or, as the case may be, undertaking in the United Kingdom again during the academic year in respect of which the college fees are payable or at all.

Payment of loans for living costs

103

(1) The Department may pay support under Part 6 in instalments.

(2) Subject to paragraph (4), the Department may pay support under Part 6 at such times as it considers appropriate.

(3) An institution is required to send an attendance confirmation to the Department.

(4) The Department must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before it has received an attendance confirmation from the relevant institution unless an exception applies.

(5) An exception applies if the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to be made in such manner as the Department considers appropriate and it may make it a condition of entitlement to payment that the eligible student must provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Department has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs under Part 6 applies for such a loan or applies for an additional amount of loan for living costs in respect of an academic year, the Department may pay that loan or that additional amount of loan in such instalments (if any) and at such times as it considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) No support under Part 6 in respect of the current course is payable in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(10) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from his course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(11) In deciding whether it would be appropriate for support to be due under paragraph (10) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(12) An eligible student is not to be considered absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.

(13) Where, after the Department has made any payment of loan for living costs for which a student qualifies in respect of an academic year under Part 6, it makes a determination that the amount of loan for living costs for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

(a) it must subtract such amount as is necessary to ensure that the student does not borrow an amount of loan for living costs which is greater than that for which he qualifies from any amount of loan for living costs which remains to be paid;

(b) if the amount to be subtracted is greater than the amount of loan for living costs remaining to be paid, the latter is reduced to nil;

CHAPTER 4 — OVERPAYMENTS

Overpayments of fee support

104

Any overpayment of fee support is recoverable by the Department from the academic authority.

Overpayments of college fee loan

105

Any overpayment of college fee loan is recoverable by the Department from the college or permanent private hall.

Overpayments of support payable under Part 5 or 6

106

(1) An eligible student must, if so required by the Department, repay any amount paid to him under Part 5 or 6 which for whatever reason exceeds the amount of support to which he is entitled under Part 5 or 6.

(2) The Department must recover an overpayment of any bursary or grant for living and other costs unless it considers it is not appropriate to do so.

(3) The methods of recovery are—

(a) subtracting the overpayment from any kind of bursary or grant payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order;

(b) taking such other action for the recovery of an overpayment as is available to the Department.

(4) A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.

(5) In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins.

(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise.

(7) The circumstances are—

(a) the Department applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the eligible student;

(b) the student’s period of eligibility terminates after the relevant date; and

(8) The circumstances are—

(a) the eligible student’s period of eligibility terminates after the relevant date; and

(b) a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated.

(9) Where there is an overpayment of the disabled students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if it considers it is appropriate to do so.

(10) Any overpayment of a loan for living costs in respect of any academic year may be recovered if in the opinion of the Department —

(a) the overpayment is a result of a failure of the student to provide promptly information which might affect whether he qualifies for a loan for living costs or the amount of loan for living costs for which he qualifies;

(b) any information which the student has provided is inaccurate in a material particular; or

(c) the student has failed to provide information which the Department considers to be material in the context of the recovery of the loan.

(11) Where an overpayment of a loan for living costs is recoverable under paragraph (10), it may be recovered in whichever one or more of the following ways the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from the amount of any loan for living costs payable to the student from time to time;

(b) by taking such other action for the recovery of an overpayment as is available to it.

(12) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (10), the Department may subtract the overpayment from the amount of any loan for living costs payable to the student from time to time.

CHAPTER 5 — INTERPRETATION

Interpretation

107

In this Part—

(a) “attendance confirmation” means—

(i) confirmation from the institution that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has a disability; and

(cc) the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to his disability);

(ii) confirmation from the institution that the student has presented himself at the institution and begun to attend the course where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has not had his status as an eligible student transferred to the course from another designated course at the same institution; and

(cc) sub-paragraph (i)(cc) does not apply;

(iii) confirmation from the institution that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course other than for the first time; or

(bb) the student is applying for support in connection with a designated course for the first time after having his status as an eligible student transferred to that course from another course at the same institution;

(b) “payment period” means a period in respect of which the Department pays the relevant support under Part 5 or 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.

PART 11 — SUPPORT FOR PART-TIME COURSES

Eligible part-time students

108

(1) An eligible part-time student qualifies for support in connection with his undertaking a designated part-time course subject to and in accordance with this Part.

(2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if in assessing his application for support the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 2.

(3) A person is not an eligible part-time student if—

(a) there has been made to him or paid to him in connection with the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to his income;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[^f00057]; or

(iii) a Scottish healthcare allowance whether or not the amount of such allowance is calculated by reference to his income;

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

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

(d) he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive support; or

(e) subject to paragraph (4), he is a prisoner serving a custodial sentence.

(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.

(5) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement 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.

(7) Despite paragraphs (2) and (3), and subject to paragraphs (10) to (12), a person is an eligible part-time student for the purposes of this Part if he satisfies the conditions in paragraph (8) or (9).

(8) The conditions in this paragraph are—

(a) the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Department under Article 3 of the Order; and

(b) the person’s status as an eligible part-time student has not terminated.

(9) The conditions in this paragraph are—

(a) the Department has previously determined that the person is—

(i) an eligible student in connection with a designated course; or

(ii) an eligible part-time student in connection with a designated part-time course other than the current designated part-time course;

(b) the person’s status as an eligible student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and

(10) Where—

(a) the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of his spouse, civil partner, parent or step-parent, as the case may be, has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(11) Where—

(a) the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which his status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and

(d) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which he is applying for support.

(12) Paragraphs (10) and (11) do not apply where the student began the course in connection with which the Department determined that he was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

(13) An eligible part-time student may not, at any one time, qualify for support for—

(a) more than one designated part-time course;

(b) a designated part-time course and a designated course;

(bb) a designated part-time course and a designated distance learning course;

Students becoming eligible during the course of the academic year

109

(1) Where one of the events listed in paragraph (3) occurs in the course of an academic year—

(a) a student may qualify for a grant in respect of fees in respect of that academic year in accordance with this Part provided that the relevant event occurred within the first three months of the academic year; and

(b) a grant in respect of fees is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (fa), (g) or (h) of paragraph (3) occurs in the course of an academic year—

(a) a student may qualify for a grant for books, travel and other expenditure in respect of that academic year in accordance with this Part; and

(b) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2A) Where one of the events listed in sub-paragraphs (a), (b), (e), (f), (fa), (g) or (h) of paragraph (3) occurs in the course of an academic year—

(a) a student may qualify for disabled part-time students’ allowance in respect of that academic year in accordance with this Part; and

(b) disabled part-time students’ allowance is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(3) The events are—

(a) the student’s course becomes a designated part-time course;

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain;

(c) a state accedes to the European Community and the student is a national of that state or a family member (as defined in Part 1 of Schedule 2) of a national of that state;

(d) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national;

(e) the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

(f) the student acquires the right of permanent residence;

(fa) the student becomes the child of a Turkish worker;

(g) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2; or

(h) the student becomes the child of a Swiss national.

Designated part-time courses

110

(1) Subject to paragraph (2), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 108 if—

(a) it is a course mentioned in Schedule 3 other than a course for the initial training of teachers;

(b) it is of at least one academic year’s duration; and

(c) it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;

(d) it is wholly provided by a publicly-funded educational institution or institutions in the United Kingdom or is provided by such institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(e) it is not designated by or under regulation 6.

(2) A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course.

(3) For the purposes of paragraph (1)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course;

(b) a university and any constituent college or institution in the nature of a college of a university is to be regarded as publicly funded if either the university or the constituent college or institution is publicly funded; and

(c) an institution is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00058].

(4) For the purposes of paragraph (1)(c)—

(a) “full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question;

(b) “period ordinarily required to complete the full-time equivalent” means—

(i) where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if he was awarded 120 credit points in each academic year;

(ii) where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent;

(i) to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

(5) For the purposes of Article 3 of the Order and regulation 108(1) the Department may designate courses of higher education which are not designated by paragraph (1).

Period of eligibility

111

(1) A student retains his status as an eligible part-time student in connection with a designated part-time course until the status terminates in accordance with this regulation and regulation 108.

(2) The period for which an eligible part-time student retains his status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 108, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student—

(a) withdraws from his designated part-time course in circumstances where the Department has not transferred or converted or will not transfer or convert his status under regulation 120 or 121; or

(b) abandons or is expelled from his designated part-time course.

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 110(1)(c)

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 110(1)(c) even if he increases his intensity of study.

(7) The Department may terminate the period of eligibility where the eligible part-time student has shown himself by his conduct to be unfitted to receive support.

(8) If the Department is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as it considers appropriate in the circumstances—

(a) terminate the period of eligibility;

(b) determine that the student no longer qualifies for any particular support or particular amount of support;

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b) otherwise than under paragraph (5)

the Department may, at any time, renew or extend the period of eligibility for such period as it determines.

Assistance for part-time courses

112

(1) For the purposes of this regulation, the assistance available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) the basic grant, and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and

(b) a grant not exceeding £250 for books, travel and other expenditure in connection with the designated part-time course.

(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.

(3) An eligible part-time student qualifies for assistance—

(a) under paragraph (1)(a) if the Department considers that he is undertaking the designated part-time course in Northern Ireland; and

(b) under paragraph (1)(b) if the Department considers that he is undertaking the designated part-time course in the United Kingdom.

(4) An eligible part-time student does not qualify for support under this regulation if he has undertaken one or more part-time courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act; or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[^f00059].

(6) An eligible part-time student does not qualify for support under this regulation if he holds a first degree from—

(a) an educational institution in the United Kingdom; or

(b) an educational institution in the Republic of Ireland for which he received financial support under previous regulations.

(7) For the purposes of paragraph (6), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for his first degree course; and

(b) the eligible part-time student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

Amount of assistance

113

(1) The basic grant varies according to the intensity of study.

(2) The intensity of study is calculated as follows and expressed as a percentage—

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