LegalizeEducation (Student Support) Regulations (Northern Ireland) 1999
Where the student’s contribution exceeds the maximum amounts of grant for fees, grants for dependants, loan for living costs and grant for travel costs to which it is applicable, and where his income include income from a scholarship, studentship or similar award payable in connection with the student’s attendance on the course, or income from an employer who has given the student paid leave to attend the course, the balance of the contribution, or such part of it as does not exceed the amount of such income, is applied to reduce elements of support not already reduced, that is: non-means-tested loan for living costs; non-means-tested grant for fees; grant for students who have left care; and grant for disabled students' living costs (regulation 22(7) and (8)).
Grants for fees are paid on receipt of a valid request for payment from the academic authority, but not earlier than three months after the beginning of the academic year and not later than ten weeks after the end of that period. Payments are to be made promptly where the request is received after that period. No payments shall be made if within that three month period the eligible student ceases to attend the course and the academic authority has determined or agreed that he will not commence attending again during the academic year in respect of which the fees are payable (regulation 23(1) to (3)).
Grants for dependants and loans (other than hardship loans) are payable in respect of three-quarters of the academic year (regulation 24(2)). Payments are made in up to three instalments, depending on whether the first instalment is to be paid in the first, second or third quarter (regulation 24(3)), and in such manner as the Department considers appropriate. It may make it a condition of entitlement to payment that the eligible student provides particulars of a United Kingdom bank or building society account into which payment may be made by electronic transfer (regulation 24(4)). Support is not payable in respect of a quarter beginning after a student has withdrawn from, abandoned or been expelled from his course. Nor is it normally payable in respect of a quarter during any part of which the student is absent from his course (regulation 24(5) to (8)).
There are provisions for circumstances where, following payment of any amount of grant for dependants or loan, the Department makes a determination of that amount which either increases or decreases it (regulation 24(9) to (11)). Where it is increased, the additional amount is payable in instalments in accordance for which the student is eligible in respect of an academic year. Therefore, the first instalment is paid as soon as reasonably practicable and subsequent instalments with instalments already payable. Where it is decreased, the amount of the decrease is deducted from instalments remaining to be paid. Where it exceeds the amount of instalments remaining to be paid, the balance is, in the case of grant, subtracted from other grant for which the student is eligible in respect of the academic year. Where a balance remains (be it grant or loan), it is recovered in accordance with regulation 25.
Overpayments of grant for fees are recovered from the academic authority (regulation 25(1)). Overpayments of grant for living costs are recovered by subtracting them from any other grant for which the student is eligible in relation to the academic year, or if necessary any other academic year, or from any payment of loan, or by taking such other action as is available (regulation 25(2)).
Where an overpayment of loan has been made due to the eligible student failing to provide information promptly or providing inaccurate information, it may be subtracted from the amount of loan for which the student is eligible in respect of any other academic year, or from any grant for which the student is eligible in relation to the academic year, or if necessary any other academic year, or by taking such other action as is available (regulation 25(3) and (5)). Where an overpayment of the loan has not been so made, it is not recoverable but may be deducted from the amount of loan for which the student is eligible in relation to any other academic year (regulation 25(4)).
Loans shall bear interest at a rate which results in an annual percentage rate of charge equal to the percentage increase between the retail prices all items index published for March 1998 and that for March 1999, unless this exceeds the rate specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974, in which case they shall bear interest at that rate. Interest is calculated daily and compounded monthly (regulation 26).
Borrowers may repay their loans at any time without penalty, but shall not be required to repay any moneys they owe before 6th April 2000. The liability of a borrower will be cancelled if he dies; if he is not in breach of any obligation to repay any student loan and he reaches the age of 65, or if he receives a disability related benefit and the Department is satisfied that because of his disability he is permanently unfit for work (regulation 27).
Instalments of student loans paid or payable after the commencement of a student’s bankruptcy, or in Scotland the sequestration of his estate, shall not form part of his estate, and accordingly cannot be claimed by his Trustee (regulation 28).
Footnotes
S.I. 1998/1760 (N.I. 14); see Article 2(2) of S.I. 1986/594 (N.I. 3), as read with Article 2(4) of S.I. 1998/1760 (N.I. 14) for the definitions of “prescribed”, “regulations” and “the Department”
S.I. 1986/594 (N.I. 3)
S.I. 1998/298
S.R. 1998 No. 273, as amended by S.R. 1998 No. 300
1992 c. 7, as amended by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 3 to 5, 7, 8, 10 to 12 and Schedules 1 and 2
S.R. 1987 No. 459 (see Parts III and VI of Schedule 2), the relevant amending regulations are S.R. 1988 Nos. 146 and 431, S.R. 1989 No. 395, S.R. 1990 No. 387, S.R. 1992 No. 6, S.R. 1993 Nos. 218 and 373, S.R. 1994 Nos. 327 and 474, S.R. 1995 Nos. 67, 86 and 367 and S.R 1997 No. 113
Cmnd. 2073
Cmnd. 2183
1963 c. 33; Section 76 was amended by the Local Authorities etc. (Miscellaneous Provisions) Order 1974 (S.I. 1974/482), Article 11
S.R. 1998 No. 273 as amended by S.R. 1998 No. 300
Cmnd. 9171
Cmnd. 3906 (Out of print: photocopies are available, free of charge, from the Student Support Branch, Department of Education, Rathgael House, Balloo Road, Bangor, Co. Down BT19 7PR)
S.I. 1990/1506 (N.I. 11) as amended by S.I. 1996/1274 (N.I. 1) Article 43 and Schedule 5 Part II; S.I. 1996/1918 (N.I. 15), Article 3 and the Schedule and S.I. 1998/258 (N.I. 1), Articles 3 to 6
1990 c. 6; amended by the Further and Higher Education Act 1992 (c. 13), Schedule 8, paragraph 67, by the Further and Higher Education (Scotland) Act 1992 (c. 37), Schedule 9, paragraphs 12(2) and (3); by the Education Act 1994 (c. 30), Schedule 2, paragraph 9; by the Education (Student Loans) Act 1996 (c. 9), section 1(1) and the Schedule; by the Education Act 1996 (c. 56), Schedule 37, paragraph 98 and Schedule 38, and by the Education (Student Loans) Act 1998 (c. 1), sections 1 to 3
1980 c. 44; amended by the Teaching and Higher Education Act 1998 (c. 30), section 29
1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, and by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12
O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1968 (II) p. 457)
S.I. 1972/1265 (N.I. 14)
1968 (c. 46); section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part I, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), Article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No. 2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1, and the National HealthService (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4).
S.I. 1992/580
1992 c. 13; section 65(3A) was inserted by section 27 of the Teaching and Higher Education Act (c. 30)
As amended by S.I. 1993/2810 (N.I. 12) Article 42(2)
O.J. No. L166, 25.6.87, p. 20
1977 c. 49; Section 8 was substituted by the Health Authorities Act 1995 (c. 17), section 1(1)
Section 11 was amended by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 31, the National Health Service and Community Care Act 1990 (c. 19), Schedule 10 and the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 2
1978 c. 29; Section 2 was amended by the Health and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19), section 28 and Schedule 9, paragraph 19(1)
S.I. 1972/1265 (N.I. 14)
S.I. 1991/194 (N.I. 1); Article 10 was amended by the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) Article 3(8)
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant amending Regulations are 1996/438
S.I. 1995/755 (N.I. 2)
S.I. 1989/2405 (N.I. 19); Article 283 was amended by the Pensions (Northern Ireland) Order 1995 S.I. 1995/3213 (N.I. 22), Schedule 1, paragraph 11
1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4, by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, and by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12
O.J. No. L257, 19.10.68, p. 2 (O.J./S.E. 1068 (II) p. 475)
S.I. 1987/2203 (N.I. 22); Article 59A was inserted by paragraph 164 of Schedule 9 to the Children’s (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 22)); the relevant Regulations are 1996/438
S.R. 1987 No. 460; Part III was amended by S.R. 1988 Nos. 132 and 153, S.R. 1991 No. 341, S.R. 1992 No. 284 and S.R. 1995 No. 71
1992 c. 7; the scheme under section 122(1)(d) is currently constituted by the provisions of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461 as amended by S.R. 1988 Nos. 117, 186, 314 and 424, S.R. 1989 Nos. 125, 260, 366 and 408, S.R. 1990 Nos. 33, 136, 137, 297, 305, 345, 398 and 442, S.R. 1991 Nos. 47, 176, 204, 337 and 520, S.R. 1992 Nos. 6, 35, 85, 141, 201, 284, 298, 404, 435, 444 and 549, S.R. 1993 Nos. 145, 149, 195, 218, 233, 373, 381 and 414, S.R. 1994 Nos. 65, 80, 88, 137, 266, 274 and 335, S.R. 1995 Nos. 64, 71, 101, 129, 223, 280, 367, 410 and 481, S.R. 1996 Nos. 11, 73, 84, 92, 93, 111, 115, 181, 221, 291, 334, 375, 405, 448, 476 and 662 and S.R. 1997 Nos. 3, 4, 22, 113, 123, 126, 127, 130, 152 and 170)
1992 c. 4; the scheme under Part VII is currently constituted by the provisions of the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) as amended by S.I. 1988/661, 909, 1444 and 1971, S.I. 1989/416, 566 and 1017, S.I. 1990/127, 546, 671, 1549, 1657, 1775 and 2564, S.I. 1991/235, 1175, 1599, 2695 and 2742, S.I. 1992/50, 201, 432, 1101, 1326, 1585, 2148 and 3147, S.I. 1993/317, 349, 518, 963, 1150, 1249, 1540 and 2118, S.I. 1994/470, 542, 578, 781, 1003, 1608, 1807, 1924, 2137, 2139 and 3061, 1995/511, 560, 625, 626, 1339 and 1742, S.I. 1995/1644, 2303, 2792, 2868 and 3282, S.I. 1996/30, 194, 462, 965, 1510, 1759, 1803, 1944, 2006, 2432, 2518, 2545 and 3195 and S.I. 1997/65, 454, 543, 584 and 582)
O.J. No. L166, 25.6.87, p. 20
O.J. No. L239, 16.8.89, p. 24
O.J. No. L340, 29.12.94, p. 8
Editorial notes
Reg. 1 in operation at 22.4.1999, see reg. 1
Reg. 2 in operation at 22.4.1999, see reg. 1
Reg. 3 in operation at 22.4.1999, see reg. 1
Reg. 4 in operation at 22.4.1999, see reg. 1
Reg. 5 in operation at 22.4.1999, see reg. 1
Reg. 6 in operation at 22.4.1999, see reg. 1
Reg. 7 in operation at 22.4.1999, see reg. 1
Reg. 8 in operation at 22.4.1999, see reg. 1
Reg. 9 in operation at 22.4.1999, see reg. 1
Reg. 10 in operation at 22.4.1999, see reg. 1
Reg. 11 in operation at 22.4.1999, see reg. 1
Reg. 12 in operation at 22.4.1999, see reg. 1
Reg. 13 in operation at 22.4.1999, see reg. 1
Reg. 14 in operation at 22.4.1999, see reg. 1
Reg. 15 in operation at 22.4.1999, see reg. 1
Reg. 16 in operation at 22.4.1999, see reg. 1
Reg. 17 in operation at 22.4.1999, see reg. 1
Reg. 18 in operation at 22.4.1999, see reg. 1
Reg. 19 in operation at 22.4.1999, see reg. 1
Reg. 20 in operation at 22.4.1999, see reg. 1
Reg. 21 in operation at 22.4.1999, see reg. 1
Reg. 22 in operation at 22.4.1999, see reg. 1
Reg. 23 in operation at 22.4.1999, see reg. 1
Reg. 24 in operation at 22.4.1999, see reg. 1
Reg. 25 in operation at 22.4.1999, see reg. 1
Reg. 26 in operation at 22.4.1999, see reg. 1
Reg. 27 in operation at 22.4.1999, see reg. 1
Reg. 28 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 1 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 2 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 3 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 4 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 5 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 6 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 7 in operation at 22.4.1999, see reg. 1
Sch. 1 para. 8 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 1 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 2 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 3 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 4 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 5 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 6 in operation at 22.4.1999, see reg. 1
Sch. 2 para. 7 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 1 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 2 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 3 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 4 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 5 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 6 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 7 in operation at 22.4.1999, see reg. 1
Sch. 3 para. 8 in operation at 22.4.1999, see reg. 1
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