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The Education (Student Support) Regulations (Northern Ireland) 2009

Type Ni-Statutory-Rule

Publication 2009-02-05

Last updated 2009-09-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Coming into operation-: 12th March 2009

The Department for Employment and Learning[^f00001] 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[^f00002] and now vested in it[^f00003].

PART 1 — GENERAL

Citation and commencement

1

(1) These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 2009.

(2) Subject to paragraph (3), regulation 3 and Schedule 1 come into operation on the 22nd day after these Regulations are laid before the Assembly.

(3) The remaining provisions of these Regulations come into operation on 12th March2009.

(4) These Regulations, except regulation 3 and Schedule 1, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 whether anything done under these Regulations is done before, on or after 1st September 2009.

Interpretation

2

(1) In these Regulations—

“the Order” means the Education (Student Support) (Northern Ireland) Order 1998;

“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986[^f00004];

“the 2005 Order” means the Higher Education (Northern Ireland) Order 2005[^f00005];

“the 1998 Act” means the Teaching and Higher Education Act 1998[^f00006];

“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998[^f00007];

“the 1999 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1999[^f00008];

“the 2000 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2000[^f00009];

“the 2001 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2001[^f00010];

“the 2002 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2002[^f00011];

“the 2003 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2003[^f00012];

“the 2004 Regulations” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004[^f00013], the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004[^f00014], the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005[^f00015] and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005[^f00016];

“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005[^f00017];

“the 2006 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006[^f00018];

“the 2007 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2007[^f00019]

“the 2008 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2008[^f00020]

“academic authority” means, in relation to an institution, the governing body or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” means the period of twelve months beginning on 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 that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years’ duration;

“additional amount of loan for living costs” means a additional amount of loan for living costs pursuant to regulation 71;

“borrower” means a person to whom a loan has been made;

“bursary year” means an academic year of a course—in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to that student’s income; orin relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to that student’s income;

“college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Department under Article 3 of the Order;

“compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;

“compressed degree student” means an eligible student who—is undertaking a compressed degree course in the United Kingdom (the “course”);either—began the course on or after 1st September 2006 and is continuing on that course after 31st August 2009; orbegins the course on or after 1st September 2009; andeither—is required to be in attendance on the course for part of the academic year for which the student is applying for support; oris a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability;

“contribution” means an eligible student’s contribution calculated pursuant to regulation 90 and Schedule 5;

“course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme;

“current course” means the designated course in respect of which a person is applying for support;

“current distance learning course” means the designated distance learning course in respect of which a person is applying for support;

“current part-time course” means the designated part-time course in respect of which a person is applying for support;

“current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support;

“current system student” means an eligible student who—is not an old system student; andeither—began the current course on or after 1st September 2006 and is continuing on that course after 31st August 2009; orbegins the current course on or after 1st September 2009;

“Department” means the Department for Employment and Learning;

“designated course” means a course designated by regulation 6 or by the Department under regulation 6;

“designated distance learning course” means a course designated by the Department under regulation 110;

“designated part-time course” means a course designated by regulation 127 or by the Department under regulation 127;

“designated postgraduate course” means a course designated by regulation 144 or by the Department under regulation 144;

“disabled distance learning students’ allowance” means the grant payable under regulation 115;

“disabled part-time students’ allowance” means the grant payable under regulation 133;

“disabled students’ allowance” means the grant payable under regulation 41;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004[^f00021] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

“EC national” means a national of a Member State of the European Community;

“electronic signature” is so much of anything in electronic form as—is incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

“eligible distance learning student” has the meaning given in regulation 108;

“eligible part-time student” has the meaning given in regulation 125;

“eligible postgraduate student” has the meaning given in regulation 142;

“eligible student” has the meaning given in paragraph (3);

“employment-based teacher training scheme” means—a scheme established by the Secretary of State for Innovation, Universities and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; ora scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

“end-on course” means—a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;a full-time first degree course beginning on or after 1st September 2009, (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course.

“equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

“Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00022] and where the student’s course is a course referred to in regulation 6(1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

“European Community” means the territory comprised by the Member States of the European Community as constituted from time to time;

“fee contribution loan” means a loan for fees made to an old system student pursuant to regulations made by the Department under Article 3 of the Order;

“fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Department under Article 3 of the Order;

“fees” has the meaning given in Article 3(1) of the 2005 Order except in references to college fees;

“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, a fee contribution loan or a fee loan;

“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools[^f00023];

“former Metropolitan Police District” means—Greater London, excluding the City of London, the Inner Temple and the Middle Temple;in the county of Essex, in the district of Epping Forest—the area of the former urban district of Chigwell,the parish of Waltham Abbey;in the county of Hertfordshire—in the borough of Broxbourne, the area of the former urban district of Cheshunt,the district of Hertsmere,in the district of Welwyn Hatfield, the parish of Northaw; andin the county of Surrey—in the borough of Elmbridge, the area of the former urban district of Esher,the boroughs of Epsom and Ewell and Spelthorne,in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“gap year student” has the meaning given in paragraph (6);

“grant for living and other costs” means a grant payable under Part 5;

“healthcare bursary” means a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00024] or section 63 of the Health Services and Public Health Act 1968[^f00025];

“higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“household income” has the meaning given in Schedule 5;

“information” includes documents;

“Institute” means the University of London Institute in Paris;

“intensive course” means an accelerated course or a compressed degree course;

“Islands” means the Channel Islands and the Isle of Man;

“loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest accrued on the loan and any penalties or charges incurred in connection with it;

“loan for living costs” means a loan for living costs pursuant to regulations made by the Department under Article 3 of the Order;

“old award” is an award within the meaning of the Education (Students Awards) Regulations (Northern Ireland) 2003[^f00026];

“old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;

“old system student” means an eligible student who—began the current course before 1st September 2006 and is continuing on that course after 31st August 2009;began the current course at the College of Agriculture, Food and Rural Enterprise[^f00027] before 1st September 2007 and who is continuing on that course after 31st August 2008;is a gap year student in relation to the current course;began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—a course that the student began before 1st September 2006; ora course that the student began before 1st September 2007 and in relation to which the student was a gap year student; orbegan the current course on or after 1st September 2006 having had their status as an eligible student transferred to that course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course in connection with which the Department determined the student to be an eligible student and which the student began—before 1st September 2006; orbefore 1st September 2007 and in relation to which the student was a gap year student;

“ordinary duration” means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

“period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 111 in relation to an eligible distance learning student, in regulation 128 in relation to an eligible part-time student and in regulation 145 in relation to an eligible postgraduate student;

“periods of work experience” means—periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

“person with leave to enter or remain” means a person—who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;who has been granted leave to enter or remain accordingly;whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00028]); andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted leave to enter or remain;

“preliminary course” means a course mentioned in paragraph 2 or 3 of Schedule 3 that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course that is taken before a full-time honours degree course, as the case may be;

“previous course” has the meaning given in regulation 13;

“previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;

“private institution” means an institution which is not publicly funded;

“publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly;

“qualifying course” means a full-time designated course which is provided by the University of Oxford or the University of Cambridge and—leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;where it began before 1st September 2009, leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; orany academic year of which is a bursary year;

“qualifying student” means a person who satisfies the criteria in regulation 81;

“qualifying year of study” means an academic year of a designated course—in respect of which the student qualified for fee support (even if the amount was nil);that was a bursary year; orin respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year;

“quarter” in relation to an academic year means a period in that year—beginning on 1st January and ending on 31st March;beginning on 1st April and ending on 30th June;beginning on 1st July and ending on 31st August; orbeginning on 1st September and ending on 31st December;

“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951[^f00029] as extended by the Protocol thereto which entered into force on 4th October 1967[^f00030];

“relevant institution of higher education in the Republic of Ireland” means an institution listed in Schedule 6;

“Research Council” means any of the following research councils—Arts and Humanities Research Council,Biotechnology and Biological Sciences Research Council,Economic and Social Research Council,Engineering and Physical Sciences Research Council,Medical Research Council,Natural Environment Research Council,Particle Physics and Astronomy Research Council;

“right of permanent residence” means a right arising under Directive 2004/38 to reside in the United Kingdom permanently without restriction;

“sandwich course” has the meaning given in paragraph (10);

“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980[^f00031] granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (11);

“standard academic year”, unless otherwise indicated, means an academic year of a designated course (other than an academic year that is a bursary year or an Erasmus year) that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student;

“standard student” is a student who is to be taken—to have begun the designated course on the same date as the eligible student in question;not to be excused any part of the course;not to repeat any part of the course; andnot to be absent from the course other than during vacations;

“statutory award” means any award bestowed, grant paid or other support provided by virtue of the Order or the 1986 Order, or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds;

“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990[^f00032], the Education (Student Loans) Act 1990[^f00033], the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Order and regulations made thereunder and the 1998 Act and regulations made thereunder;

“support” means financial support by way of grant or loan made by the Department pursuant to regulations made by the Department under Article 3 of the Order;

“transitional award” means an award made under the Students Awards Regulations (Northern Ireland) 1998[^f00034] other than an old award;

“Turkish worker” means a Turkish national who—is ordinarily resident in the United Kingdom and Islands; andis, or has been, lawfully employed in the United Kingdom;

“type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;

“type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more; and

“type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks;

(2) The Department may determine that a course is a compressed degree course if, in its opinion that course is—

(a) a course for a first degree (other than a foundation degree);

(b) a full-time course designated under regulation 6(1); and

(3) Subject to paragraph (4), “eligible student” has the meaning given in regulation 5.

(4) For the purposes of the college fee loan, references to an eligible student in regulations 7, 8, 9 and 89 and Schedule 4 include a person treated as an eligible student by virtue of regulation 82.

(5) The Department may determine that a qualification is an equivalent or lower qualification if—

(a) an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and

(b) the qualification referred to in sub-paragraph (a) is of an academic level which is equivalent to or higher than a qualification to which the current course leads.

(6) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if the person meets the conditions in paragraph (7) or (9).

(7) The conditions are—

(a) the person had on or before 1st August 2005 received an offer, whether conditional on obtaining specified qualifications or not, of a place on the current course or a similar course; and

(b) the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(8) In paragraph (7), a course (the “original course”) is similar to the current course if—

(a) it appears to the academic authority of the institution providing the current course that the subject-matter of the course is in whole or in part the same as the subject-matter of the original course; and

(b) except where the original course is no longer being provided, the current course is provided by the institution which was to have provided the original course.

(9) The conditions are—

(a) the person had received an offer of a place on a designated course (whether or not at the same institution as the current course) the first academic year of which began before 1st September 2006;

(b) the person was unable to take up the offer because a specified qualification or grade was not awarded to them;

(d) the appeal was allowed after the last date on which they could have taken up the offer;

(e) as a result, the person was offered a place on the current course; and

(f) the first academic year of the current course began on or after 1st September 2006 but before 1st September 2007.

(10) In these Regulations—

(a) a course is a “sandwich course” if—

(i) it is not a course for the initial training of teachers;

(ii) it consists of alternate periods of full-time study in an institution and periods of work experience; and

(iii) taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year;

(b) in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and

(c) for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year.

(11) In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13).

(12) Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department from a course (the “initial course”) in connection with which the Department determined the student to be an eligible student pursuant to regulations made by the Department under Article 3 of the Order, the specified designated course is the initial course.

(13) Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course.

Amendment of the Education (Student Support) Regulations (Northern Ireland) 2008

3

The Education (Student Support) Regulations (Northern Ireland) 2008 are amended in accordance with Schedule 1.

Revocation, savings and transitional provisions

4

(1) Subject to paragraphs (2) and (3), the 2008 Regulations are revoked on 1st September 2009.

(2) Paragraph (3) of regulation 4 of the 2008 Regulations continues to apply.

(3) The 2008 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2008 but before 1st September 2009.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Despite any other provision in these Regulations where a person—

(a) attends a course in respect of which a transitional award was made to that person; or

(b) had received no award under the 1986 Order in respect of the course but a transitional award would have been made had the person applied for an award under the 1986 Order and the person’s resources had not exceeded the person’s requirements,

the person is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either made or which would have been made under the 1986 Order) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (6) applies the person qualifies for support by way of loan for living costs under Part 6 only if the person is an eligible student under these Regulations and if the person satisfies the qualifying conditions for an old system student in Part 6.

(6) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations the person is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) the person begins immediately after ceasing that course, but unless paragraph (5) applies the person qualifies for fee support under Chapters 4 and 5 of Part 4 and grants for living and other costs under Part 5 only if the person is an eligible student under these Regulations and if the person satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.

PART 2 — ELIGIBILITY

Eligible students

5

(1) An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations.

(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if in assessing that person’s 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 (“A”) is not an eligible student if—

(a) an old award has been made to A in respect of A’s attendance on the course;

(b) A is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;

(i) a healthcare bursary the amount of which is not calculated by reference to A’s income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007[^f00035];

(d) A is in breach of any obligation to repay any loan;

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

(f) A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or

(g) A has, on or after 1st September 2005, commenced a course for a degree in social work at an educational institution in Northern Ireland as a Regional Social Work Degree Trainee under arrangements made by the Department of Health, Social Services and Public Safety under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972.

(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation.

(5) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) 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 the borrower had no curator.

(6) An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for—

(a) more than one designated course;

(b) a designated course and a designated distance learning course;

(d) a designated course and a designated postgraduate course.

(7) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10)—

(a) paragraphs (2) and (3) do not apply to that person and

(b) that person is an eligible student for the purposes of these Regulations.

(8) The conditions are—

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

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

(9) The conditions are—

(a) the current course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) which the person begins on or after 1st September 2006;

(b) the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course; and

(c) the period of eligibility in respect of the course referred to in sub-paragraph (b) ceased only on the grounds that the student had completed the course.

(10) The conditions are—

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

(i) an eligible part-time student in connection with a designated part-time course;

(ii) an eligible distance learning student in connection with a designated distance learning course; or

(iii) an eligible student in connection with a designated course other than the current course;

(b) the person’s status as an eligible part-time student, as an eligible distance learning student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current 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

(11) 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—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; 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 A’s 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 or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(12) 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—

(i) an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; or

(ii) a qualifying student in connection with an application for support for an earlier year of the qualifying course or other qualifying course from which A’s status as a qualifying student has been transferred to the qualifying course in respect of which the student is applying for support; and

(b) 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 or qualifying student terminates immediately before the first day of the academic year in respect of which A is applying for support.

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

Designated courses

6

(1) Subject to paragraphs (2), (3), (4) and (5), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is—

(a) mentioned in Schedule 3;

(b) one of the following—

(i) a full-time course;

(ii) a sandwich course; or

(iii) a part-time course for the initial training of teachers;

(d) of at least—

(i) one academic year’s duration; or

(ii) six weeks’ duration in the case of a flexible postgraduate course for the initial training of teachers; and

(e) wholly provided by a publicly funded educational institution or institutions in the United Kingdom or by a relevant institution of higher education in the Republic of Ireland which (in either case) are maintained or assisted by recurrent grants out of public funds or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2) A course falling within paragraph 7 or 8 of Schedule 3 is not a designated course where the governing body of a school has arranged for the provision of such a course to a pupil of the school.

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

(4) A first degree course is not a designated course where—

(a) it leads to the award of a professional qualification;

(b) a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

(5) Paragraph (1)(c) does not apply where the person applying for support in connection with the course is—

(a) a disabled student; and

(b) undertaking that course in the United Kingdom but not in attendance because the person is unable to attend for a reason which relates to that person’s disability.

(6) 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[^f00036].

(7) Subject to paragraph (4), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if—

(a) the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and

(b) part of the course is optional.

(8) Paragraph (7) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

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

Period of eligibility

7

(1) A student’s status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 5.

(2) The period for which an eligible student retains that status is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course.

(4) The period of eligibility terminates when the eligible student (“A”)—

(a) withdraws from A’s designated course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status as an eligible student under regulation 8, 120 or 138; or

(b) abandons or is expelled from A’s designated course.

(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.

(6) If the Department is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department 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;

(7) Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Department may, at any time, renew the period of eligibility for such period as it determines.

Transfer of status

8

(1) Where an eligible student “A” transfers to another course, the Department must transfer A’s status as an eligible student to that course where—

(a) the Department receives a request from the eligible student to do so;

(b) the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority A ceases one course and starts to—

(i) attend another designated course at the institution;

(ii) undertake another compressed degree course at the institution; or

(iii) undertake a compressed degree course at the institution;

(b) A starts to—

(i) attend a designated course at another institution; or

(ii) undertake a compressed degree course with another institution;

(c) after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution;

(d) after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or

(e) after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Department in respect of the academic year of the course from which A transfers.

(4) The Department may re-assess the amount of support payable after the transfer.

(5) Where A transfers under paragraph (1) after the Department has assessed A’s support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided.

PART 3 — APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS

Applications for support

9

(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.

(2) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any.

(3) The Department must notify the applicant of whether the applicant qualifies for support and, if so, the amount of support payable in respect of the academic year, if any.

Time limits

10

(1) The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year in respect of which it is submitted.

(2) The general rule does not apply where—

(a) one of the events listed in regulation 18 occurs 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 Department no later than the end of the ninth month beginning with the day on which the relevant event occurred;

(b) the applicant is making a separate application for a fee loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of fee contribution loan under regulation 36(5), an additional amount of loan for living costs under regulation 78(3) or an additional amount of college fee loan under regulation 86(2) in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;

(c) the applicant is applying to borrow an additional amount of fee contribution loan under regulation 36(3), an additional amount of loan for living costs or an additional amount of additional amount of loan for living costs under regulation 78(1), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later;

(d) the applicant is applying for the disabled students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or

(e) the Department 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 Department not later than such date as it specifies.

Information

11

Schedule 4 deals with the provision of information.

Requirement to enter into a contract for a loan

12

To receive a loan a student must enter into a contract with the Department.

PART 4 — FEE SUPPORT

CHAPTER 1 — GENERAL

Previous course

13

(1) Subject to the exceptions in paragraphs (4), (5) and (6), a “previous course” is—

(a) where the current course began before 1st September 2009, any full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course and which meets any of the conditions in paragraph (2).

(b) where the current course begins on or after 1st September 2009—

(i) a lower level qualification achieved following a full-time or part-time higher education course, a part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course; or

(ii) a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended, or in the case of a compressed degree course or a designated distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3).

(c) where the current course begins on or after 1st September 2009, a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course where—

(i) the course meets on or both of the conditions in paragraph (2); and

(ii) the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.

(2) The conditions are—

(a) the course was provided by an institution in the United Kingdom which was publicly funded for some or all of the academic years during which the student attended or undertook the course; or

(b) the course was provided by an institution in the Republic of Ireland and the student was funded under previous regulations for some or all of the academic years during which the student attended or undertook the course; or

(c) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(3) The conditions are—

(a) the course was provided at a publicly funded institution whether or not in the United Kingdom for some or all of the academic years during which the student attended or undertook the course; or

(b) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds.

(4) A course which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(5) A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if—

(a) the current course is a course for the degree (including an honours degree) of Bachelor of Education; and

(b) the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education.

(6) A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if—

(a) the current course is a course for the honours degree of Bachelor of Education; and

(b) the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education.

(7) Subject to paragraphs (8), (9) and (10), for the purpose of determining PC in the formulae in regulations 23 and 30—

(a) each academic year that the student completed on a previous course is counted; and

(b) an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course.

(8) For the purpose of determining PC in the formulae in regulations 23 and 30, where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if—

(a) the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and

(b) the student qualified for fee support for some but not all of the other academic years of that previous course.

(9) For the purpose of determining PC in the formulae in regulations 23 and 30, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because the student had failed to complete a previous course for compelling personal reasons.

(10) For the purpose of determining PC in the formulae in regulations 23 and 30, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Department considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course.

(11) A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A’s disability is only treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Miscellaneous

14

(1) Where paragraph (2) applies, an eligible student is not prevented from qualifying for fee support under this Part because—

(a) the student has an honours degree from an institution in the United Kingdom or the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current course before 1st September 2009; or

(b) the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(2) This paragraph applies where—

(a) the current course is a course for the initial training of teachers;

(b) the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and

(3) Where paragraph (4) applies, an eligible student is not prevented from qualifying for fee support under this Part because the current course leads to an equivalent or lower qualification, where the student begins the current course on or after 1st September 2009.

(4) This paragraph applies where the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009.

(5) Where the current course is considered to be a single course because of regulation 6(7) and (8) and it leads to a honours degree from an institution in the United Kingdom or relevant institution of higher education in the Republic of Ireland being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree.

(6) For the purposes of calculating the amount of fee support, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[^f00037] 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[^f00038].

(7) Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons.

CHAPTER 2 — TYPES OF FEE SUPPORT AVAILABLE

Current system students

15

A current system student (“A”) qualifies for a fee loan in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 3 of this Part.

Old system students

16

(1) An old system student (“A”) qualifies for a grant for fees in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 4 of this Part.

(2) A qualifies for a fee contribution loan in respect of the fees payable by A in connection with A’s attendance on a designated course in accordance with Chapter 5 of this Part.

Students becoming eligible in the course of an academic year

17

Where one of the events listed in regulation 18 occurs in the course of an academic year—

(a) a student may qualify for fee support 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) fee support is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

Events

18

The events are—

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

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

(c) a state accedes to the European Community where 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 student acquires the right of permanent residence;

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

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

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

Students to be treated as in attendance on a course

19

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

(2) This regulation applies to—

(a) a compressed degree student; or

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.

CHAPTER 3 — FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general

20

(1) A current system student does not qualify for a fee loan in respect of a designated course if—

(a) the designated course leads to an equivalent or lower qualification, the exemption in regulation 14(1) to (4) does not apply and the student begins the course on or after 1st September 2009;

(b) the student has an honours degree from an institution in the United Kingdom, the exemption in regulation 14(1), (2) or (5) does not apply and the student began the course before 1st September 2009; or

(c) he has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 14(1), (2) or (5) does not apply; or

(d) the designated course is an old flexible postgraduate course for the initial training of teachers.

(2) Notwithstanding paragraph (1)(b) and (c), a current system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.

(3) A current system student does not qualify for a fee loan in respect of—

(a) an academic year of a designated course that is a bursary year or an Erasmus year; or

(b) a year for which he is in receipt of funding from the Department to participate in a management development programme known as the Business Education Initiative.

(4) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.

(5) The standard entitlement is calculated in accordance with regulation 21, 22, 23 or 24.

(6) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan has been allocated to each standard academic year of the course.

(7) A current system student qualifies for a fee loan in respect of a standard academic year of the designated course if the Department allocates a fee loan to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, a current system student who falls within regulation 23 qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year if the student failed to complete the most recent previous course because of compelling personal reasons.

(9) Where a current system student qualifies for a fee loan under paragraph (8), the Department must not allocate a fee loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

(10) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(11) A current system student qualifies for a fee loan in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which the student is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan under paragraph (8)).

(13) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 25 and may be nil.

Standard entitlement of current system students who have not studied on a previous course

21

Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the course.$

22

(1) Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the current course.$

(2) Paragraph (1) also applies where—

(a) the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or

(b) the student has studied on a previous course other than a course mentioned in sub-paragraph (a).

(3) Where this regulation applies, regulations 23 and 24 do not apply.

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

23

(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows—

$$(OD+1)−PC$whereOD is the number of academic years that make up the ordinary duration of the coursePCis the number of academic years that the student has spent on previous courses.$

(2) For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course which—

(a) is a previous course; and

(b) the student began on or after 1st September 2006.

Standard entitlement of current system students on end-on courses and certain degree courses

24

(1) Where the current course began before 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(2) Where the current course begins on or after 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time, part-time, full-time distance learning or compressed degree course and achieved a lower level qualification;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(3) Regulations 21, 22 and 23 do not apply to students to whom this regulation applies.

(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

$$(D+X)−Pr⁡C$whereD is the greater of 3 and the number of academic years that make up the ordinary duration of the courseX is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three yearsPrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(5) The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

$$(D+X)−Pr⁡C$whereD is the greater of 3 and the number of academic years that make up the ordinary duration of the courseXis—where the ordinary duration of the preliminary course was less than three years,where the ordinary duration of the preliminary course was three years,where the ordinary duration of the preliminary course was four years,where the ordinary duration of the preliminary course was five years, andwhere the ordinary duration of the preliminary course was six yearsPrCis the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

Amount of the fee loan

25

(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £3,225; and

(b) the fees payable by the student in connection with that year.

(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course must not exceed the lesser of—

(a) £1,610; and

(b) the fees payable by the student in connection with that year.

(3) The cases are—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b) in respect of a sandwich course, an academic year—

(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks;

(c) in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—

(i) during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or

(ii) if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks.

(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers.

(5) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for another fee loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of—

(a) £3,225 or, where one of the cases set out in paragraph (3) applies, £1,610; and

(b) the fees payable by the student in respect of the academic year to which the student is transferring.

(9) Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of—

(a) £3,225 or, where one of the cases set out in paragraph (3) applies, £1,610; and

(b) the fees payable by the student in connection with that year.

(10) Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students

26

(1) This regulation applies to an old system student who began a designated course before 1st September 2006 and is continuing on that course after 31st August 2009, or began a designated course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland and is continuing on that course after 31st August 2009 in either case (a “continuing student”).

(2) A continuing student does not qualify for a grant for fees in respect of any academic year of the course that begins on or after 1st September 2009 where in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006 the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of the designated course.

(3) A continuing student does not qualify for a grant for fees in respect of a designated course if the designated course is a flexible postgraduate course for the initial training of teachers.

(4) A continuing student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(5) When assessing an application for support in respect of an academic year of the designated course, the Department must determine the “standard entitlement”.

(6) The standard entitlement is calculated as follows—

$$(SAY−X)+1$whereSAY is the number of standard academic years of the designated course that begin after 31st August 2006,Xis the number of academic years of the designated course that begin after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the designated course that began before 1st September 2006.$

(7) When assessing an application for support in respect of an academic year of the designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(8) A continuing student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.

(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.

Old system students who are transferring students

27

(1) Subject to paragraph (2), this regulation applies to an old system student who—

(a) began a designated course on or after 1st September 2006 and is continuing on that course after 31st August 2009; or

(b) begins a designated course on or after 1st September 2009,

and whose status as an eligible student has been transferred to the course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course that the student began before 1st September 2006 (a “transferring student”).

(2) This regulation does not apply where an eligible student has transferred from a course in relation to which that student was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.

(3) Where in the course of assessing an application for support in respect of an academic year of the relevant course, the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for fee support in respect of that course, a transferring student does not qualify for a grant for fees in respect of any academic year of the current course.

(4) In this regulation, the “relevant course” is the designated course that the student was taking as at 31st August 2006.

(5) A transferring student does not qualify for a grant for fees in respect of a designated course if the designated course is an old flexible postgraduate course for the initial training of teachers.

(6) A transferring student does not qualify for a grant for fees in respect of an academic year of a designated course that is a bursary year or an Erasmus year.

(7) When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”.

(8) The standard entitlement is calculated as follows where the course began before 1st September 2007 and is not a course listed in paragraph (11)—

$$(RAY−X)+1$whereRAY is the number of standard academic years of the relevant course that remain after 31st August 2006,X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006.$

(9) The standard entitlement is calculated as follows where the course begins on or after 1st September 2007 and is not a course listed in paragraph (11)—

$$(RAY−X−SS)+1$whereRAY is the number of standard academic years of the relevant course that remain after 31st August 2006,X is the number of academic years of the relevant course that remain after 31st August 2006 in respect of which the Department determined in accordance with regulations made by the Department under Article 3 of the Order that the student did not qualify for a grant for fees in the course of assessing an application for support in respect of an academic year of the relevant course where that year began before 1st September 2006,SS is the number of academic years of study that the student has taken from and including 1st September 2006 in respect of which the student qualified for fee support (excluding any years of repeat study for compelling personal reasons) or which were bursary years or Erasmus years.$

(10) The standard entitlement is calculated as follows where the course is one listed in paragraph (11)—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the designated course.$

(11) The courses are—

(a) a course for the degree (including an honours degree) of Bachelor of Education where the student has transferred to that course from a course for the Certificate in Education on or before the completion of the latter course;

(b) a course for the honours degree of Bachelor of Education where the student has transferred to that course from a course for the degree (other than an honours degree) of Bachelor of Education on or before the completion of the latter course.

(12) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

(13) A transferring student qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.

(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 32, 33 or 34 and may be nil.

Old system students who are on end-on courses

28

(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 26.

(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 26.

(3) Paragraphs (4) to (12) apply to—

(a) an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that the student—

(i) began on or after 1st September 2006 and is continuing on after 31st August 2009; or

(ii) begins on or after 1st September 2009;

(b) an old system student in respect of an end-on course of the kind described in paragraph (b) of the definition of “end-on course” in regulation 2.

(4) An old system student to whom this paragraph applies does not qualify for fee support in respect of a course mentioned in paragraph (3) if—

(a) the student has an honours degree from an institution in the United Kingdom and the exemption in regulation 14(1), (2) or (5) does not apply; or

(b) the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 14(1), (2) or (5) does not apply.

(5) Notwithstanding paragraph (4)(a) and (b) an old system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.

(6) An old system student to whom this paragraph applies does not qualify for a grant for fees in respect of an academic year of a course mentioned in paragraph (3) that is a bursary year or an Erasmus year.

(7) When assessing an application for support in respect of an academic year of a course mentioned in paragraph (3), the Department must determine the “standard entitlement”.

(8) Subject to paragraph (9), the standard entitlement is calculated as follows—

$$(D+X)−Pr⁡C$whereD is the greater of 3 and the number of academic years that make up the ordinary duration of the course,X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years,PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(9) The standard entitlement of an old system student to whom paragraph (3)(a) applies whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the current course.$

(10) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

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The Education (Student Support) Regulations (Northern Ireland) 2009

PART 1 — GENERAL

Citation and commencement

1

Interpretation

2

Amendment of the Education (Student Support) Regulations (Northern Ireland) 2008

3

Revocation, savings and transitional provisions

4

PART 2 — ELIGIBILITY

Eligible students

5

Designated courses

6

Period of eligibility

7

Transfer of status

8

PART 3 — APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS

Applications for support

9

Time limits

10

Information

11

Requirement to enter into a contract for a loan

12

PART 4 — FEE SUPPORT

CHAPTER 1 — GENERAL

Previous course

13

Miscellaneous

14

CHAPTER 2 — TYPES OF FEE SUPPORT AVAILABLE

Current system students

15

Old system students

16

Students becoming eligible in the course of an academic year

17

Events

18

Students to be treated as in attendance on a course

19

CHAPTER 3 — FEE LOANS FOR CURRENT SYSTEM STUDENTS

Availability of fee loans to current system students - general

20

Standard entitlement of current system students who have not studied on a previous course

21

Standard entitlement – course leading to degree in social work

22

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

23

Standard entitlement of current system students on end-on courses and certain degree courses

24

Amount of the fee loan

25

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students

26

Old system students who are transferring students

27

Old system students who are on end-on courses

28