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The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

Type Ni-Statutory-Rule

Publication 2009-11-18

Last updated 2026-04-10

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 18th November 2009

Coming into operation-: 17th December 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, commencement and application

1

(1) These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 and come into operation on 17th December 2009.

(2) 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 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.

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 2017 Act” means the Higher Education and Research Act 2017;

“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];

“the 2009 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2009[^f00021];

the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

“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—where the course begins before 1st August 2019, 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; orwhere the course begins on or after 1st August 2019, a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;

“accredited institution” means an institution accredited by the Secretary of State for Education in England under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;

“approved provider” and “approved (fee cap) provider” mean registered providers in England included in the approved and approved (fee cap) categories of the register respectively;

“authority-funded” means—in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department or the Department for Agriculture and Rural Development;...in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Councils for Wales; andin relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council;

“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 apply for a healthcare bursary ..., the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

“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 2010; orbegins the course on or after 1st September 2010; 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 87 and Schedule 5;

“course designation event” has the meaning given in regulation 2A(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;

“the course start date” means the day on which the first term of the first academic year of a course actually begins;

“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—began the current course on or after 1st September 2006 and continued on that course after 31st August 2010;began the current course on or after 1st September 2010; orwhere the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013 or where the course mentioned in paragraph (iii) is an end-on course following on from a course that the student began before 1st September 2013 at any such institution;

“Department” means the Department for the Economy;

“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 107;

“designated Master’s, etc. course” means a course designated by regulation 152 or by the Department under regulation 152;

“designated part-time course” means a course designated by regulation 124 or by the Department under regulation 124;

“designated postgraduate course” means a course designated by regulation 141 or by the Department under regulation 141;

“disabled distance learning students’ allowance” means the grant payable under regulation 112;

“disabled part-time students’ allowance” means the grant payable under regulation 130;

“disabled postgraduate students’ allowance” means the grant payable under Part 12;

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

“distance learning designation event” has the meaning given in regulation 2A(6);

“distance learning fee loan” means a loan for fees made to an eligible distance learning student pursuant to regulations made by the Department under Article 3 of the Order;

“Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004[^f00022] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

" EU 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 105;

“eligible Master’s, etc. student” has the meaning given in regulation 149;

“eligible part-time student” has the meaning given in regulation 122;

“eligible postgraduate student” has the meaning given in regulation 139;

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

“employment-based teacher training scheme” means—a scheme established by the Secretary of State for Business, Innovation 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, 2008 or 2009 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, 2008 or 2009 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 full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification .

“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 where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 6(1)(e) and—...where the course ...is provided by an institution in Northern Ireland ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); orwhere the course ...is provided by an institution in England , Scotland or Wales —at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); andeither—in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; orin 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 (disregarding intervening vacations) exceeds 30 weeks;

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

“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 ... student contribution charge ;

“fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, ... , a fee loan or a relevant institution charge 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 [^f00005] where the course began—before 1st September 2010; oron or after 1st September 2010 but before 1st September 2012 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; orthe Secretary of State for Business, Innovation and Skills, where the course began on or after 1st September 2012 and the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010;

“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;

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

“graduate entry dentistry course” means a course—the standard of which is not higher than a first degree which leads to qualification as a dentist, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry medicine course” means a course—the standard of which is not higher than a first degree which leads to qualification as a medical doctor, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry social work course” means a course—the standard of which is not higher than a first degree which leads to qualification as a social worker, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

“graduate entry veterinary course” means a course—the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, andwhere a first degree or equivalent qualification would normally be required for entry to the course;

“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[^f00025] or section 63 of the Health Services and Public Health Act 1968[^f00026];

“high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;

“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;

“immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

“information” includes documents;

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

“institution” in relation to England includes an English higher education provider as defined by section 83(1) of the 2017 Act

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

“in-year qualifying event” has the meaning given in regulation 2A(2);

“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;

“long courses loan” means a long courses loan pursuant to regulation 70;

“Master’s, etc. designation event” has the meaning given in regulation 2A(9);

“Master’s, etc. fee loan” means a loan for fees made to an eligible Master’s, etc. student pursuant to regulations made by the Department under Article 3 of the Order;

“non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

“OfS” means the Office for Students, as established by section 1 of the 2017 Act;

“old award” is an award within the meaning of the Students Awards Regulations (Northern Ireland) 2003[^f00027];

“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;

...[^f00028]

“ordinary duration” means the number of academic years that a standard student would take to complete the course excluding any academic years of the course that are—bursary years;Erasmus years of a course provided by an institution in Northern Ireland; orErasmus years of a course provided by an institution in England, Scotland or Wales where the course began before 1st September 2012;Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

“part-time course designation event” has the meaning given in regulation 2A(7);

“part-time fee loan” means a loan for fees made to an eligible part-time student pursuant to regulations made by the Department under Article 3 of the Order;

“period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 108 in relation to an eligible distance learning student, in regulation 125 in relation to an eligible part-time student , in regulation 142 in relation to an eligible postgraduate student and in regulation 153 in relation to an eligible Master’s, etc. 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 granted Calais leave” means a person who—has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules...; andhas been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

“person granted humanitarian protection” means a person —who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...; andwhose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002)[^f00022]; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain;

“person granted indefinite leave to remain as a bereaved partner” means a person—granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules...— paragraph BP 11.1 of Appendix Bereaved Partner; or where such leave was granted before the coming into force of Appendix Bereaved Partner—paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners);paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners);paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); orparagraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); andwho has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

“person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse” means a person—granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules...— paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); andwho has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave;

“person granted leave under one of the Afghan Schemes” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme;

“person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme;

“person granted leave under the Afghan Citizens Resettlement Scheme” means a person— who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Afghan Relocations and Assistance Policy Scheme” means a person—who has—indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the immigration rules, having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules, indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules; leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme, or indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, and ...who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Ukraine Extension Scheme” means a person—who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Ukraine Family Scheme” means a person—who has leave to enter or remain in the United Kingdom—under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules; oroutside the immigration rules where the person—was residing in Ukraine immediately before 1st January 2022; andleft Ukraine in connection with the Russian invasion which took place on 24th February 2022; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted leave under the Ukraine Permission Extension Scheme” means a person—who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person granted stateless leave” means a person who —has extant leave to remain as a stateless person under the immigration rules ...; andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave.

person granted section 67 leave” means a person who—has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; andhas been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave;

“person with protected rights” means— a person within the personal scope of the citizens’ rights provisions who—has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;is an Irish citizen who pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom;...is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; ortherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; ora family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means— Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); orArticle 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.

“postgraduate course designation event” has the meaning given in regulation 2A(8);

“preliminary course” means a course or courses mentioned in paragraph 2, 3 or 4 of Schedule 3, or overseas equivalent, 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, or overseas equivalent, 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, 2008 or 2009 Regulations;

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

“protected category event” has the meaning given in regulation 2A(3);

“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 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[^f00030] as extended by the Protocol thereto which entered into force on 4th October 1967[^f00031];

“register” means the register established and maintained by the OfS under section 3 of the 2017 Act;

“regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015;

“registered provider” means an English higher education provider which is included in the register and “unregistered provider” is to be construed accordingly;

“relevant institution charge loan” means a loan for student contribution charge pursuant to regulations made by the Department under Article 3 of the Order;

“relevant institution of higher education in the Republic of Ireland” means a publicly funded prescribed approved institution for the purposes of section 7 of the Student Support Act 2011;

“relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations;

“relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules;

“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,Science and Technology Facilities Council;

“residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020[^f00011];

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

“settled status event” has the meaning given in regulation 2A(4);

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

“standard academic year”, unless otherwise indicated, means an academic year of a designated course ... 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 but does not include an academic year that is— a bursary year;an Erasmus year of a course provided by an institution in Northern Ireland ...; oran Erasmus year of a course provided by an institution in England , Scotland or Wales where the course began before 1st September 2012; an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017;

“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 contribution charge” means the charge payable by students at a relevant institution of higher education in the Republic of Ireland;

“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990[^f00033], the Education (Student Loans) Act 1990[^f00034], the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Order and regulations made thereunder or 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;

“Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020;

“transitional award” means an award made under the Students Awards Regulations (Northern Ireland) 1998[^f00035] other than an old award;

“travel expenditure” means the additional expenditure incurred by a student—within the United Kingdom or the Republic of Ireland for the purposes of attending their institution; orwithin or outside the United Kingdom for the purposes of attending, as part of their course, any period of study at an overseas institution or for the purposes of attending the Institute;

“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;

“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.

(1A) For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within—

(a) Article 10 (personal scope) of the EU withdrawal agreement;

(b) Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020; or

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 an honours degree from an institution in the United Kingdom or is of an academic level which is equivalent to or higher than a qualification to which the current course leads.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In these Regulations—

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

(i) it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year ;

(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 2009 Regulations

3

The 2009 Regulations are amended in accordance with Schedule 1.

Revocation, savings and transitional provisions

4

(1) Subject to paragraphs (2) and (3), the 2009 Regulations are revoked on 1st September 2010.

(2) Paragraph (3) of regulation 4 of the 2009 Regulations continues to apply.

(3) The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 but before 1st September 2010.

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

(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 the following provisions of this regulation, 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—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or

(b) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated course beginning before 1st August 2021, the Department—

(i) in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part.

(2B) In connection with a designated course beginning on or after 1st January 2028, paragraph (2)(a) has effect as if paragraphs 8A, 9B and 9D were omitted.

(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[^f00036];

(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.

(h) A has been awarded a grant or award of similar description by an awarding authority in a member state in respect of his attendance on a course at a relevant institution of higher education in the Republic of Ireland which he begins on or after 1st September 2013.

(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 ;

(e) a designated course and a designated Master’s, etc. 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; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(i) no further leave to remain has been granted,

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

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

(11A) Where—

(a) the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with–

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time , 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; 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 granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen,

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

(11B) Where—

(a) the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course, designated distance learning 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; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen,

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

(11C) Where—

(a) the Department determined that, by virtue of being a person granted humanitarian protection 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 student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 granted humanitarian protection is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(11D) Where—

(a) the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible student in connection with –

(i) an application for support for an earlier year of the current course;

(ii) an application for support for a course in relation to which the current course is an end-on course; or

(iii) 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; 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 granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen,

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

(11E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes 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 student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen,

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

(11F) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes 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 student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen,

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

(11G) Where—

(a) the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course;

(ii) an application for support for a course in relation to which the current course is an end-on course; or

(iii) 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; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

A’s status as an eligible 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 on the grounds of discretionary leave 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; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(12A) Where—

(a) the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with—

(i) an application for support for an earlier year of the current course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen,

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

(12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12C) Where—

(a) the Department determined that, by virtue of—

(i) falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and

(b) as at the day before the academic year begins, A is not a person with protected rights and has not become a British or Irish citizen,

A’s status as an eligible 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 or an eligible 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 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; ...

(e) either—

(i) wholly provided by an authority-funded institution in Northern Ireland, Scotland or in Wales where the course began before 1st September 2017;

(ii) provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017;

(iii) provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland, or in Wales where the course began before 1st September 2017;

(iv) provided by an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom;

(v) provided by a publicly-funded institution in Northern Ireland, Scotland or Wales on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

(vi) wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(vii) provided by an approved (fee cap) provider on behalf of a regulated institution in Wales where the course began on or after 1st September 2017;

(viii) provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom;

(ix) provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017; or

(x) provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland and is a designated undergraduate course in the Republic of Ireland ; and

(f) substantially provided in the United Kingdom or the Republic of Ireland.

(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 (other than a graduate entry 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 or the Republic of Ireland 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 authority-funded if either the university or the constituent college or institution is authority-funded; ...

(c) an institution is not to be regarded as publicly funded or authority-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[^f00037] ; and

(d) a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland, or Wales, or by a private institution which is an approved provider or an unregistered provider in England.

(e) a course is substantially provided in the United Kingdom or the Republic of Ireland where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom or the Republic of Ireland.

(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).

(10) The Department may revoke or suspend the designation of a course which is designated under this regulation.

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, 117 or 135; 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) on the recommendation of the academic authority A ceases one course and starts to attend or undertake another designated course ...;

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

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

(b) A starts to—

(i) A starts to attend or undertake 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 provided that A qualifies for such support in connection with the academic year of the course to which A transfers.

(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) an in-year qualifying event or a course designation event 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 relevant institution charge loan..., a loan for living costs ...or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of relevant institution charge loan under regulation 25A(4) or (10) or , an additional amount of loan for living costs under regulation 77(3)... 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 loan for living costs or an additional amount of long courses loan under regulation 77(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

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

(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies the requirement.

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, 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;

(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); or

(iii) 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—

(aa) the course meets any of the conditions in paragraph (2); and

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

(aa) the course was provided by an accredited institution which was an unregistered provider 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 registered provider or a publicly funded institution whether or not in the United Kingdom or a regulated institution for some or all of the academic years during which the student attended or undertook the course; ...

(aa) the course was provided by an accredited institution which was an unregistered provider 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.

(5A) Where the current course is considered to be a single course because of regulation 6(7) and (8)—

(a) any Master’s, etc. fee loan which an eligible student obtained under Part 13 for the purposes of obtaining the degree or qualification first mentioned in regulation 6(7)(a); and

(b) any academic year(s) in which that Master’s, etc. fee loan was obtained,

is ignored when determining an eligible student’s entitlement under Parts 4 to 6 in respect of the single course which confers the final degree or equivalent qualification.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 or relevant institution charge loan in respect of student contribution charge 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students becoming eligible in the course of an academic year

17

(1) Subject to paragraph 1(d) where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year,

the student may qualify for a fee loan in accordance with this Part in respect of that academic year;

(d) a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Events

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 or relevant institution charge loan in respect of a designated course if—

(a) the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(1) to (4) do 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 exemptions in regulation 14(1), (2) or (5) do not apply;

(c) 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 exemptions in regulation 14(1), (2) or (5) do not apply; or

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

(2) Notwithstanding paragraph (1)(a) to (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.

(2A) Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for a fee loan in respect of a graduate entry medicine course at an educational institution in Northern Ireland.

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

(a) an academic year of a designated course that is —

(i) a bursary year;

(ii) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(iii) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012; or

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

(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 21A, 22, 23 or 24.

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