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The Education (Student Support) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule

Publication 2006-07-18

Last updated 2007-07-10

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 18th July 2006

Coming into operation: 1st September 2006

The Department for Employment and Learning[^f00001] 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] makes the following Regulations:

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 2006 and shall come into operation on 1st September r 2006.

Interpretation

2

(1) In these Regulations—

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

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

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

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

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

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

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

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

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

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

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

“the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005[^f00017] as amended by the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2005[^f00018] and the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2006[^f00019];

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

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively;

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

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

“college fee loan” means a loan pursuant to regulations made by the Department under Article 3 of the Order in respect of the college fees payable by a student to a college or permanent private hall of the University of Oxford or to a college of the University of Cambridge;

“compressed degree course” means a course determined to be a compressed degree course by the Secretary of State for Education and Skills;

“compressed degree student” means an eligible student who—is undertaking a compressed degree course in the United Kingdom (the “course”);begins the course on or after 1st September 2006; andeither—is required to be in attendance on the course for part of the academic year for which he is applying for support; oris a disabled student who is not required to be in attendance on the course because he is unable to attend for a reason which relates to his disability;

“contribution” means an eligible student’s contribution calculated pursuant to regulation 74 and Schedule 4;

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

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

“Department” means the Department for Employment and Learning;

“designated course” means a course designated by regulation 5 or by the Department under regulation 5;

“designated part-time course” means a course designated by regulation 86 or by the Department under regulation 86;

“designated postgraduate course” means a course designated by regulation 102 or by the Department under regulation 102;

“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 part-time student” has the meaning given in regulation 85;

“eligible postgraduate student” has the meaning given in regulation 101;

“eligible student” has the meaning given in regulation 4;

“employment-based teacher training scheme” means—a scheme established by the Secretary of State for Education 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, city college, Academy, independent school or other institution except a pupil referral unit; ora scheme established by the National Assembly for Wales 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) 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 2 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 honours degree course beginning on or after 1st September 2006 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 or 2005 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;

“Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00020] and his course is a course referred to in regulation 5(1)(d) and all the periods of study during the academic year are at an institution outside the United Kingdom;

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

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

“fee loan” means a loan for fees made to a new 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 the case of college fees;

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

“flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools[^f00021];

“former Metropolitan Police District” means—Greater London, excluding the city of London, the Inner Temple and the Middle Temple;in the county of Essex, in the district of Epping Forest—

the area of the former urban district of Chigwell,

the parish of Waltham Abbey;in the county of Hertfordshire—

in the borough of Broxbourne, the area of the former urban district of Cheshunt,

the district of Hertsmere,

in the district of Welwyn Hatfield, the parish of Northaw; andin the county of Surrey—

in the borough of Elmbridge, the area of the former urban district of Esher,

the boroughs of Epsom and Ewell and Spelthorne,

in the district of Reigate and Banstead, the area of the former urban district of Banstead;

“gap year student” has the meaning given in paragraph (2);

“higher education course” means a course referred to in Schedule 2 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 4;

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

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

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

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

“new system student” means an eligible student who begins the current course on or after 1st September 2006 and who is not an old system student;

“old award” is an award within the meaning of the Education (Students Awards) Regulations (Northern Ireland) 2003[^f00022];

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

“period of eligibility” has the meaning given respectively in regulation 6 in relation to an eligible student, in regulation 86 in relation to an eligible part-time student and in regulation 102 in relation to an eligible postgraduate student;

“periods of work experience” means—periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside that institution;periods during which a student is employed and residing in a country whose language is one that he is studying for his course (provided that the period of residence in that country is a requirement of his 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);

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

“private institution” means an institution which is not maintained or assisted by recurrent grants out of public funds;

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

“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,in each case both dates inclusive;

“refugee” means a person who is recognised by His 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[^f00023] as extended by the Protocol thereto which entered into force on 4th October 1967[^f00024];

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

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

“sandwich course” has the meaning given in paragraph (6);

“Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980[^f00025] granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist;

“specified designated course” has the meaning given in paragraph (7);

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

“student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990[^f00026], the Education (Student Loans) Act 1990[^f00027], the Education (Scotland) Act 1980 and regulations made thereunder, the Order and regulations made thereunder and the Teaching and Higher Education Act 1998[^f00028], and regulations made thereunder;

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

“transitional award” means an award made under the Education (Students Awards) Regulations (Northern Ireland) 1998, other than an old award;

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

“type 1 teacher training student” means a new 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 he is applying for support are in aggregate at least 6 weeks but less than 10 weeks; and

“type 2 teacher training student” means a new 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 he is applying for support are in aggregate 10 weeks or more.

(2) In these Regulations, a person is a “gap year student” in relation to a course provided by or on behalf of an institution that was publicly funded as at 1st August 2005 if he meets the conditions in paragraph (3) or (5).

(3) The conditions are—

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

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

(4) In paragraph (3), a course (the “original course”) is similar to the current course if—

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

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

(5) The conditions are—

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

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

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

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

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

(6) In these Regulations—

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

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

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

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

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

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

(7) In these Regulations, the “specified designated course” means the current course subject to paragraphs (8) and (9).

(8) 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 it under Article 3 of the Order, the specified designated course is the initial course.

(9) 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.

Revocation, savings and transitional provisions

3

(1) Subject to paragraphs (2) and (3), the following regulations are revoked on 1st September 2006—

(a) the Education (Student Support) Regulations (Northern Ireland) 2005[^f00029]; and

(b) the Education (Student Support) (2005 Regulations) (Amendment) Regulations (Northern Ireland) 2005[^f00030];

(2) Paragraphs (2) to (4) of regulation 3 of the 2005 Regulations continue to apply.

(3) The 2005 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2005 but before 1st September 2006.

(4) Regulation 72 applies to loans with effect from 1st September 2006.

(5) These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2006 whether anything done under these Regulations is done before, on or after 1st September 2006.

(6) Despite any other provision in these Regulations where—

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

(b) no award under the 1986 Order was made in respect of the course but a transitional award would have been made to him if he had applied for an award under the 1986 Order and his resources had not exceeded his requirements,

he is an old system student for the purposes of Parts 4 and 5 in connection with the course, or in connection with any subsequent course to which the award (either made or which would have been made under the 1986 Order) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (7) applies he qualifies for support by way of loan for living costs under Part 6 only if he is an eligible student under these Regulations and if he satisfies the qualifying conditions for an old system student in Part 6.

(7) Despite any other provision in these Regulations, where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he is an old system student for the purposes of Part 6 in connection with the course, or any subsequent designated course which (disregarding any intervening vacation) he begins immediately after ceasing that course, but unless paragraph (6) applies he qualifies for fee support under Chapters 3 and 4 of Part 4 and grants for living and other costs under Part 5 only if he is an eligible student under these Regulations and if he satisfies the relevant qualifying conditions for an old system student in Parts 4 and 5.

PART 2 — ELIGIBILITY

Eligible students

4

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

(2) Subject to paragraph (3), a person is an eligible student in connection with a designated course if the Department has determined in connection with that course that the person falls within one of the categories set out in Part 2 of Schedule 1.

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

(a) an old award has been made to him in respect of his attendance on the course;

(b) he 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) subject to sub-paragraph (g), a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00032], (other than a bursary paid in respect of attendance on a degree in social work course at an educational institution in Northern Ireland, which the student commenced to attend on or after 1st September 2004), or section 63 of the Health Services and Public Health Act 1968[^f00033] the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992[^f00034];

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

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

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

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

(4) For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under 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 he 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 may not, at any one time, qualify for support for—

(a) more than one designated course;

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

(7) Despite paragraphs (2) and (3), a person is an eligible student for the purposes of these Regulations if he satisfies the conditions in paragraph (8), (9) or (10).

(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) that 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) only ceased 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; or

(ii) 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 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

Designated courses

5

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

(a) mentioned in Schedule 2;

(b) one of the following—

(i) a full-time course;

(ii) a sandwich course; or

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

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

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

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

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

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

(c) an institution is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00035].

(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 though—

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

(b) part of the course may be optional.

(5) Paragraph (4) 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 doctor, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner.

(6) For the purposes of Article 3 of the Order and regulation 4(1) the Department may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility

6

(1) An eligible student retains his status as an eligible student in connection with a designated course until the status terminates in accordance with this regulation.

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

(3) Subject to the following paragraphs, 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) withdraws from his designated course in circumstances where the Department has not transferred or converted or will not transfer or convert his status as an eligible student under regulation 7 or regulation 97; or

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

(5) The Department may terminate the period of eligibility where the eligible student has shown himself by his conduct to be 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 it considers appropriate in the circumstances—

(a) terminate the period of eligibility;

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

(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

7

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

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

(b) it 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 the eligible student starts to—

(i) attend another designated course at the institution;

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

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

(b) the eligible student starts to—

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

(ii) undertake a compressed degree course in the United Kingdom at another institution;

(c) after starting a course for the Certificate in Education, the eligible student is, on or before the completion of that course, admitted to a designated course for the 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, the eligible student 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 another institution; or

(e) after starting a course for a first degree (other than an honours degree) the eligible student 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), an eligible student who transfers under paragraph (1) shall receive in connection with the academic year of the course to which he transfers the remainder of the support assessed by the Department in respect of the academic year of the course from which he transfers.

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

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

PART 3 — APPLYING FOR SUPPORT AND PROVISION OF INFORMATION

Applications for support

8

(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 it considers necessary to determine whether the applicant is an eligible student, whether he qualifies for support and the amount of support payable, if any.

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

Time limits

9

(1) The general rule is that the application must reach the Department within a period of nine months beginning with the first day of the academic year in respect of which it is submitted.

(2) The general rule does not apply where—

(a) one of the events listed in regulation 14 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 within a period of nine months beginning with the day on which the relevant event occurred;

(b) the applicant is making a separate application for a fee loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 20(4) or (10), an additional amount of fee contribution loan under regulation 31(5), an additional amount of loan for living costs under regulation 69(3) or an additional amount of college fee loan under paragraph 14(2) of Schedule 5, in which case the application must reach the Department not later than one month before the end of the academic year in respect of which he is applying for support;

(c) the applicant is applying to borrow an additional amount of fee contribution loan under regulation 31(3) or an additional amount of loan for living costs under regulation 69(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;

(ca) the applicant is a person mentioned in paragraph 12 of Part 2 of Schedule 1, in which case the application must reach the Department by 11th April 2008 or within a period of nine months beginning with the first day of the academic year in respect of which it is submitted, 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

10

Schedule 3 deals with the provision of information.

PART 4 — FEE SUPPORT

CHAPTER 1 — TYPES OF FEE SUPPORT AVAILABLE

New system students

11

(1) A new system student qualifies for a fee loan in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 2 of this Part.

(2) To receive a fee loan, a new system student must enter into a contract with the Department.

Old system students

12

(1) An old system student qualifies for a grant for fees in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 3 of this Part.

(2) An old system student qualifies for a fee contribution loan in respect of the fees payable by him in connection with his attendance on a designated course in accordance with Chapter 4 of this Part.

(3) To receive a fee contribution loan, an old system student must enter into a contract with the Department.

Students becoming eligible in the course of an academic year

13

Where one of the events listed in regulation 14 occurs in the course of an academic year—

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

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

Events

14

The events are—

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

(b) the student, his spouse, his civil partner or his parent is recognised as a refugee or becomes a person with leave to enter or remain (as defined in Part 1 of Schedule 1);

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

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

(e) the student acquires the right of permanent residence (as defined in Part 1 of Schedule 1);

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

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

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

Disabled students

15

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

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

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

CHAPTER 2 — FEE LOANS FOR NEW SYSTEM STUDENTS

Availability of fee loans to new system students - general

16

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

(a) he has an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

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

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

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

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

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

(5) The standard entitlement is calculated in accordance with regulation 17, 17A, 18 or 19 .

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

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

(8) In addition to the standard entitlement, a new system student who falls within regulation 18 qualifies for a fee loan in respect of the first academic year that he takes of the designated course that is not a bursary year or an Erasmus year if he failed to complete the most recent previous course because of compelling personal reasons.

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

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

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

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

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

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

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

(13) The amount of the fee loan in respect of an academic year is determined in accordance with regulation 20 and may be nil.

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

17

“Subject to regulation 17A, the standard entitlement of a new system student who has not studied on a previous course is calculated as follows—

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

Standard entitlement of new system students who have studied on a previous course

18

The standard entitlement of a new system student who has studied on a previous course and who does not fall within regulation 19 is calculated as follows—

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

Standard entitlement of new system students who have studied on a previous course

19

(1) This regulation applies to—

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

(b) a new system student who has—

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

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

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

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

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

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

(2) Regulations 17 , 17A and 18 do not apply to students to whom this regulation applies.

(3) The standard entitlement of a student to whom this regulation applies is calculated as follows—

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

Amount of the fee loan

20

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

(a) £3,000; and

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

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

(a) £1,500; and

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

(3) The cases are—

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

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

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

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

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

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

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

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

(e) an academic year of a course provided by the British Institute in Paris where the course began before 1st September 2001.

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

(5) The circumstances are—

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

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

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

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

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

(a) £3,000 or, where one of the cases set out in paragraph (3) applies, £1,500; and

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

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

(a) £3,000 or, where one of the cases set out in paragraph (3) applies, £1,500; and

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

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

CHAPTER 3 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Continuing students and students commencing courses in the Republic of Ireland

21

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

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

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

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

(5) When assessing an application for support in respect of an academic year of the designated course that begins after 31st August 2006, the Department must determine the “standard entitlement”.

(6) The standard entitlement is calculated as follows—

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

(7) When assessing an application for support in respect of an academic year of the designated course that begins after 31st August 2006, the Department must allocate a grant for fees from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a grant for fees has been allocated to each standard academic year of the course.

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

(9) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 27, 28 or 29 and may be nil.

Transferring students

22

(1) Subject to paragraph (2), this regulation applies where an old system student (a “transferring student”) begins a designated course on or after 1st September 2006 having had his status as an eligible student transferred to the course as a result of one or more transfers of that status by the Department pursuant to regulations made by it under Article 3 of the Order from a designated course that he began before 1st September 2006.

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

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

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

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

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

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

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

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

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

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

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

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

(11) The courses are—

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

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

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

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

(14) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 27, 28 or 29 and may be nil.

End-on courses

23

(1) An old system student who is on an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that he began before 1st September 2006 qualifies for a grant for fees in respect of that course in accordance with regulation 21.

(2) An old system student who is on an end-on course of the kind described in paragraph (c) of the definition of “end-on course” in regulation 2 qualifies for a grant for fees in respect of that course in accordance with regulation 21.

(3) Paragraphs (4) to (10) apply to—

(a) an old system student in respect of an end-on course of the kind described in paragraph (a) of the definition of “end-on course” in regulation 2 that he begins on or after 1st September 2006;

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

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

(a) he has an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

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

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

(6) When assessing an application for support in respect of an academic year of a course to which this paragraph applies, the Department must determine the “standard entitlement”.

(7) Subject to paragraph 7A, the standard entitlement is calculated as follows—

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

(7A) The standard entitlement of an old system student to whom paragraph (3) (a) applies whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—

$OD+1$

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

(9) An old system student to whom this paragraph applies qualifies for a grant for fees in respect of a standard academic year of a course to which this paragraph applies if the Department allocates a grant for fees to that year when assessing the application for support for that year.

(10) The amount of the grant for fees in respect of an academic year of a course to which this regulation applies is determined in accordance with regulation 27, 28 or 29 and may be nil.

Gap year students who have not studied on a previous course

24

(1) This regulation applies to an old system student who is a gap year student who has not studied on a previous course.

(2) A gap year student does not qualify for fee support in respect of a designated course if—

(a) he has an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

(2A) Notwithstanding paragraph (2) (a) an old system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.

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

(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 as follows—

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

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

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

(8) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 27 or 28 and may be nil.

Gap year students who have studied on a previous course

25

(1) This regulation applies where—

(a) an old system student is a gap year student who has studied on a previous course;

(b) an old system student has transferred from a course in relation to which he was a gap year student to another designated course in accordance with regulations made by the Department under Article 3 of the Order.

(2) An old system student to whom this regulation applies does not qualify for fee support in respect of a designated course if—

(a) he has an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations and the exemption in regulation 34(1) or (2) does not apply; or

(b) the designated course is a flexible postgraduate course for the initial training of teachers.

(2A) Notwithstanding paragraph (2) (a) an old system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland.

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

(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) Subject to paragraph 5A, the standard entitlement is calculated as follows—

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

(5A) The standard entitlement of an old system student to whom paragraph (5) applies whose course is a course leading to a degree in social work at an educational institution in Northern Ireland is calculated as follows—

$OD+1$

where

OD is the number of academic years that make up the ordinary duration of the current course.

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

(7) An old system student to whom this regulation applies qualifies for a grant for fees in respect of a standard academic year of the designated course if the Department allocates a grant for fees to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, an old system student to whom this regulation applies qualifies for a grant for fees in respect of the first academic year that he takes of the designated course that is not a bursary year or an Erasmus year if he failed to complete the most recent previous course because of compelling personal reasons.

(9) Where an old system student to whom this regulation applies qualifies for a grant for fees under paragraph (8), the Department must not allocate a grant for fees under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year.

(10) The amount of the grant for fees in respect of an academic year is determined in accordance with regulation 27 or 28 where the eligible student falls within paragraph (1)(a) and in accordance with regulation 27, 28 or 29 where the eligible student falls within paragraph (1)(b) and in either case the amount may be nil.

Availability of the grant for fees to old system students for years of repeat study

26

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

(2) An old system student qualifies for a grant for fees in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

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

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

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

(3) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a grant for fees under regulation 25(8)).

Amount of the grant for fees for a course at a publicly-funded institution in the United Kingdom or relevant institution of higher education in the Republic of Ireland

27

(1) Unless one of the cases set out in regulation 20(3) applies, the basic amount of the grant for fees in respect of an academic year of a designated course at a publicly-funded institution is the lesser of—

(a) £1,200; and

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

(2) In the cases set out in regulation 20(3), the basic amount of the grant for fees in respect of an academic year is the lesser of—

(a) £600; and

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

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 76.

(4) Paragraphs (1) to (3) do not apply to designated courses at Heythrop College or at Guildhall School of Music and Drama.

(5) In the case of a designated course at Heythrop College, the amount of the grant for fees in respect of an academic year is £2,145.

(5A) In the case of a designated course at Guildhall School of Music and Drama, the amount of the grant for fees in respect of an academic year is £4,355.

(6) In the case of a course in respect of an academic year at a relevant institution of higher education in the Republic of Ireland, an amount specified by the Department in writing.

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly-funded institution

28

(1) The basic amount of the grant for fees in respect of an academic year at a private institution is the lesser of £1,200 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(2) The amount of the grant for fees in respect of an academic year at a private institution is the lesser of £600 and the fees payable by the student in connection with that year if—

(a) the designated course began on or after 1st September 2001;

(b) the designated course is provided on behalf of a publicly-funded institution; and

(3) Where a contribution exceeding nil is calculated under Schedule 4, a deduction will be made from the basic amount of the grant for fees determined under paragraph (1) or (2) in accordance with regulation 76.

Amount of the grant for fees for a course at a private institution

29

(1) Subject to paragraph (2) , the amount of the grant for fees in respect of an academic year of a designated course at a private institution including courses or academic years for the degrees of Bachelor of Divinity, Bachelor of Theology, Bachelor of Arts (Joint Honours) or the Diploma in Theology of the Queen’s University of Belfast, undertaken at the Union Theological College, the Edgehill College, the Irish Baptist College, Belfast or the Belfast Bible College is the lesser of—

(a) £1,125; and

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

(2) In the case of a designated course at the University of Buckingham, the amount of the grant for fees in respect of an academic year is £2,840.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

30

An old system student, other than a student undertaking a course at a relevant institution of higher education in the Republic of Ireland, or whose course is a course leading to a degree in social work at an educational institution in Northern Ireland qualifies for a fee contribution loan in respect of an academic year of a designated course if—

(a) he qualifies for a grant for fees in respect of that year or would have qualified if he had applied for the grant (even if the amount is or would have been nil); and

(b) the designated course is provided by or on behalf of an institution that was publicly funded as at 1st August 2005.

Amount of the fee contribution loan

31

(1) Where an old system student applies for a grant for fees and a fee contribution loan, the amount of the fee contribution loan in respect of an academic year of the designated course is the amount for which the student applies not exceeding the difference between the basic amount of the grant determined under regulation 27 or 28 and the amount of the grant that is payable after the application of the contribution in accordance with regulation 76.

(2) Where the only fee support for which an old system student applies is a fee contribution loan, the maximum amount for which the student may apply in respect of an academic year is the lesser of—

(a) £1,200 or, if any of the cases set out in regulation 20(3) apply, £600; and

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

(3) An old system student may apply to borrow an additional amount of fee contribution loan where—

(a) the Department determines that the maximum amount of fee contribution loan should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

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

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

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

(4) The additional amount under paragraph (3) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(5) Where an old system student has applied for a fee contribution loan of less than the maximum amount to which he is entitled, he may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in his case.

CHAPTER 5 — INTERPRETATION OF PART 4

Previous course

32

(1) Subject to the exceptions in paragraphs (3), (4) and (5), a “previous course” is any full-time higher education course or any part-time course for the initial training of teachers which the student began to attend or, in the case of a compressed degree course, undertake in the United Kingdom before the current course and which meets any of the conditions in paragraph (2).

(2) The conditions are—

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

(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 he took the course; or

(c) any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attendance on the course to defray fees was from public funds or funds attributable to public funds.

(3) 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

(4) 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 of Bachelor of Education;

(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.

(5) 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;

(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.

(6) Subject to paragraphs (7), (8) and (9), for the purpose of determining PC in the formulae in regulations 18 and 25—

(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.

(7) For the purpose of determining PCin the formulae in regulations 18 and 25, 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 academic years of that previous course.

(8) For the purpose of determining PC in the formulae in regulations 18 and 25, 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 he had failed to complete a previous course for compelling personal reasons.

(9) For the purpose of determining PC in the formulae in regulations 18 and 25, where a student transfers from an academic year of one designated course to an academic year of another designated course before the Department considers that he has completed the year from which he is transferring, the time spent by the student during the academic year in which the transfer takes place on the course from which he is transferring is not counted as a year spent on a previous course.

(10) A student who undertook a previous course but was not in attendance because he was unable to attend for a reason which related to his disability is only treated as if he were in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006.

Bursary year, ordinary duration, preliminary course, qualifying year of study and standard academic year

33

(1) A “bursary year” is an academic year of a course—

(a) in relation to which the student is eligible to receive any bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00036] or section 63 of the Health Services and Public Health Act 1968[^f00037] the amount of which is calculated by reference to his income; or

(b) in relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income.

(2) The “ordinary duration” of a designated course is the number of academic years that a standard student would take to complete the course excluding any academic years of the designated course that are bursary years or Erasmus years.

(3) A “standard student” is a student who is to be taken—

(a) to have begun the designated course on the same date as the eligible student in question;

(b) not to be excused any part of the course;

(d) not to be absent from the course other than during vacations.

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

(5) A “qualifying year of study” is an academic year of a course—

(a) in respect of which the student qualified for fee support (even if the amount was nil);

(b) that was a bursary year; or

(c) in respect of which the student would have qualified for fee support (even if the amount would have been nil) if he had been an eligible student or the current course had been designated at the beginning of that year.

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

Miscellaneous

34

(1) An eligible student is not prevented from qualifying for fee support under this Part by virtue of having an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations 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

(2) Where the current course is considered to be a single course because of regulation 5(5) and (6) and it leads to an 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.

(3) For the purposes of calculating the amount of fee support, an institution that provides courses designated by regulation 4 of the Education (Student Support) (Dance and Drama) Regulations 1999[^f00038] is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00039].

(4) 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.

PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

New system students

35

The following grants are available to a new system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for students who have left care;

(d) grant for travel;

(e) maintenance grant or special support grant.

Old system students

36

The following grants are available to an old system student in connection with a designated course if he meets the relevant qualifying conditions in this Part—

(a) disabled students' allowance;

(b) grant for students who have left care;

(d) grant for travel;

(e) higher education bursaries.

CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

37

(1) An eligible student qualifies for a grant under this Part provided that—

(a) he is not excluded from qualification by any of the following paragraphs; and

(b) he satisfies the qualifying conditions for the particular grant for which he is applying.

(2) An eligible student does not qualify for—

(a) a bursary or grant under this Part if the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9;

(b) a bursary under regulation 53 in respect of any academic year of a part-time course for the initial training of teachers referred to in paragraph 4 of Schedule 2.

(3) An eligible student does not qualify for a grant under this Part in respect of any academic year—

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