Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

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

PDF Download

articles Not indexed

Reform history JSON API

(a) during which he 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, or section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income;

(b) during which he is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to his income; or

(c) of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) Paragraph (3)(c) does not apply for the purposes of the disabled students' allowance.

(5) An eligible student does not qualify for a grant for living and other costs under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory or with a primary care trust in the United Kingdom or the Republic of Ireland;

(b) unpaid service with a local authority in the United Kingdom or the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the Republic of Ireland;

(d) unpaid research in an institution in the United Kingdom or the Republic of Ireland or, in the case of a student attending an overseas institution as part of his course, in an overseas institution; or

(e) unpaid service with—

(i) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;

(ii) a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00040];

(iii) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00041], a Special Health Authority established pursuant to section 11 of that Act[^f00042] or a Local Health Board established pursuant to section 16BA of that Act[^f00043];or

(iv) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00044].

(7) Where one of the events listed in paragraph (8) occurs in the course of an academic year, a student may qualify for a particular grant in accordance with this Part in respect of all or part of that academic year but he does not qualify for a grant for living and other costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

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

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

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

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

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

(9) A student to whom this paragraph applies is treated as if he were in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grant for the students who have left care;

(b) grants for dependants;

(d) higher education bursary.

(10) Paragraph (9) 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 3 — DISABLED STUDENTS' ALLOWANCES

Qualifying conditions for the disabled students' allowance

38

(1) An eligible student qualifies in accordance with this regulation for a grant to assist with the additional expenditure which the Department is satisfied he is obliged to incur by reason of a disability to which he is subject in respect of his undertaking a designated course (the “disabled students' allowance”).

(2) An eligible student does not qualify for a disabled students' allowance under this regulation unless the Department considers that he is undertaking the course in the United Kingdom or the Republic of Ireland.

Amount of the disabled students' allowance

39

(1) Subject to the following paragraphs, the amount of the disabled students' allowance is the amount that the Department considers appropriate in accordance with the student’s circumstances.

(2) Except where paragraph (4) applies, the amount of the disabled students' allowance must not exceed—

(a) £12,135 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,795 in respect of all the academic years during the period of eligibility for expenditure on major items of specialist equipment;

(i) within the United Kingdom or the Republic of Ireland for the purpose of attending the institution;

(ii) within or outside the United Kingdom for the purpose of attending, as a part of his course, any period of study at an overseas institution or for the purpose of attending the British Institute in Paris;

(d) £1,605 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

(3) Where the eligible student has received payments to assist with expenditure on major items of specialist equipment in connection with the course by virtue of holding a transitional award, the maximum amount of grant under paragraph (2)(b) is reduced by the amount of those payments.

(4) The maximum amount under paragraph (2)(a) and (d) is £9,105 and £1,200, respectively where—

(a) an eligible student undertakes a course for the initial training of teachers; and

(b) in any academic year of that course, the periods of full-time study and full-time teaching practice are in aggregate less than 6 weeks.

Grants for students who have left care

40

(1) An eligible student shall qualify for a grant under this regulation in connection with his attendance on a designated course if the conditions in paragraph (2) are satisfied.

(2) The conditions referred to in paragraph (1) are—

(a) the eligible student is under the age of 21 on the first day of the course;

(b) the eligible student has left care, that is to say last ceased to fall within paragraph 2(f) of Schedule 4 before 1st September 2005; and

(c) in the opinion of the Department, the eligible student is subject to greater financial hardship by virtue of falling within paragraph 2(f) of Schedule 4 than he would otherwise have been.

(3) Subject to paragraph (4), the amount of grant shall be such amount as the Department considers appropriate in the circumstances.

(4) The maximum amount of grant is £100 for each week or part of a week in an academic year which—

(a) falls within the longest vacation taken; and

(b) during no part of which week the student attends his course.

CHAPTER 4 — GRANTS FOR DEPENDANTS

General

41

(1) The grant for dependants consists of the following elements—

(a) adult dependants' grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 42 to 45.

Adult dependants' grant

42

(1) An eligible student qualifies for an adult dependants' grant in connection with his attendance on a designated course in accordance with this regulation.

(2) The adult dependants' grant is available in respect of a dependant of an eligible student who is either—

(a) the eligible student’s partner; or

(b) an adult dependant whose net income does not exceed £3,530.

(3) The amount of adult dependants' grant payable in respect of an academic year is calculated in accordance with regulation 45, the basic amount being—

(a) £2,455; or

(b) where the person in respect of whom the eligible student is applying for adult dependants' grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,455 as the Department considers reasonable in the circumstances.

Childcare grant

43

(1) An eligible student qualifies, in connection with his attendance on a designated course, for a grant in respect of childcare costs for each dependent child in accordance with this regulation.

(2) Subject to paragraph (3), an eligible student qualifies for a childcare grant in respect of an academic year where childcare is provided by an approved or registered childcare provider if—

(a) the child is under the age of 15 immediately before the beginning of the academic year; or

(b) the child has special educational needs within the meaning of the Education (Northern Ireland) Order 1996[^f00045] and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a grant under this regulation if he or his partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002[^f00046].

(4) Subject to paragraph (5), the basic amount of childcare grant for each week is—

(a) for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £148.75 per week; or

(b) for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £255 per week

except that the student does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(5) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which childcare costs are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (4) by the number of days of that week falling within the academic year and dividing the product by seven.

(6) In this regulation—

“approved childcare provider” means a childcare provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999[^f00047]or the Tax Credits (Approval of Child Care Providers) Scheme 2005[^f00048]or the Tax Credits (Approval of Home Child Care Providers) Scheme (Northern Ireland) 2006[^f00049]; and

“registered childcare provider” means a person who acts as a child minder or provides day care and is registered within the meaning of Articles 118, 119 and 120 of the Children (Northern Ireland) Order 1995[^f00050] (registration of child minders and persons providing day care for young children).

Parents' learning allowance

44

(1) An eligible student qualifies in connection with his attendance on a designated course for the parents' learning allowance if he has one or more dependants who are dependent children.

(2) The amount of parents' learning allowance payable in respect of an academic year is calculated in accordance with regulation 45, the basic amount being £1,400.

Grants for dependants - calculations

45

(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 42 to 44 is the amount of that element remaining after applying, until it is extinguished, an amount equal to A − B as follows and in the following order—

(a) to reduce the basic amount of the adult dependants' grant where the eligible student qualifies for that element under regulation 42;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 43; and

(c) to reduce the basic amount of the parents' learning allowance where the eligible student qualifies for that element under regulation 44.

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where A − Bis equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants' grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which he is entitled under the statutory award.

(6) Where the amount of the parents' learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents' learning allowance payable is £50.

(7) In this regulation—

A is the aggregate of the net income of each of the eligible student’s dependants; and

B is £1,075 where the eligible student has no dependent child;£3,225 where the eligible student is not a lone parent and has one dependent child;£4,300 where the eligible student is not a lone parent and has more than one dependent child;£4,300 where the eligible student is a lone parent and has one dependent child;£5,380 where the eligible student is a lone parent and has more than one dependent child.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(d) a student becomes eligible for support as a result of an event referred to in regulation 37(8).

(9) For the purposes of determining the respective values of A and B and whether adult dependants' grant or parents' learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants' grant and parents' learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants' grant and parents' learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Interpretation of Chapter 4

46

(1) In regulations 41 to 45—

(a) “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than his child, his partner (including a spouse or civil partner from whom the Department considers the student is separated) or his former partner;

(b) “child” in relation to an eligible student includes any child of his partner who is dependent on him and any child for whom he has parental responsibility who is dependent on him;

(c) “dependant” means, in relation to an eligible student, his partner, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

(e) “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

(f) “net income” has the meaning given in paragraph (2);

(g) subject to sub-paragraphs (h), (i) and (j), “partner” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if he were his spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if he were his civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 4 and began the specified designated course on or after 1st September 2005;

(h) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (g) is not to be treated as a partner if—

(i) in the opinion of the Department, that person and the eligible student are separated; or

(ii) the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student;

(i) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4;

(j) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if he would be a partner under sub-paragraph (g) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom he is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 4.

(2) Subject to paragraph (3), a dependant’s net income is his income from all sources for the academic year in question reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability or incapacity to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00051];

(c) any financial support payable to the dependant by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987[^f00052];

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(e) in the case of a dependant with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust is boarded out, any payment made to him in pursuance of Article 27(2)(a) of the Children (Northern Ireland) Order 1995[^f00053];

(f) any payments made to the dependant under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the dependant’s child or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 34A, 34C, 35A and 35B of that Order[^f00054]; and

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002.

(3) Where an eligible student or his partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s net income is the net income calculated in accordance with paragraph (2) reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Department the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Department considers appropriate if, in its opinion, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

CHAPTER 5 — GRANTS FOR TRAVEL

Qualifying conditions for the grant for travel

47

(1) A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which he is obliged to incur in an academic year for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom or the Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

(2) A grant is available to an eligible student in respect of the reasonable expenditure which he is obliged to incur in an academic year within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks as part of his course an overseas institution or the British Institute in Paris.

Amount of the grant for travel

48

(1) The amount of grant payable in respect of an academic year is equal to the reasonable expenditure that the Department determines the eligible student is obliged to incur for the purposes set out in regulation 47(1) or (2) less £285.

(2) For the purposes of this Chapter any reference to expenditure incurred for the purpose of attending an institution or period of study—

(a) includes expenditure both before and after so attending; and

(b) does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part.

(3) Where an eligible student attends for a period of at least eight weeks as part of his course an overseas institution or the British Institute in Paris and he reasonably incurs any expenditure in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during that period he qualifies for additional grant under this regulation equal to the amount so incurred.

(4) A deduction may be made from a grant under this Chapter in accordance with Part 8.

CHAPTER 6 — MAINTENANCE GRANTS FOR NEW SYSTEM STUDENTS

Qualifying conditions for the maintenance grant

49

(1) A new system student qualifies in accordance with this regulation for a maintenance grant in connection with his attendance on a designated course.

(2) A new system student does not qualify for a maintenance grant if he qualifies for a special support grant.

(3) If a new system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a maintenance grant for that year unless the reason that he does not qualify for a fee loan is because—

(a) the year is an Erasmus year; or

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

Amount of the maintenance grant

50

(1) The maximum amount of maintenance grant available in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,600;

(b) in the case of a type 2 teacher training student, £3,200; and

(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,500 or less, he receives £1,600;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to

$$M-(A)(2)$whereM is £1,600A is £1 for every complete £4.50 by which the household income exceeds £17,500; and$

(c) where the household income exceeds £26,500 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £600.

(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £17,500 or less, he receives £3,200;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to M − A where—

M is £3,200

A is £1 for every complete £4.50 by which the household income exceeds £17,500; and

(c) where the household income exceeds £26,500 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,200.

(4) A new system student other than a type 1 or type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,500 or less, he receives £3,200;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to M − Awhere—

M is £3,200

A is £1 for every complete £4.50 by which the household income exceeds £17,500;

RM is £1,200

A is £1 for every complete £9.50 by which the household income exceeds £26,500;

(d) where the household income exceeds £37,425, no maintenance grant is payable.

CHAPTER 7 — SPECIAL SUPPORT GRANTS FOR NEW SYSTEM STUDENTS

Qualifying conditions for the special support grant

51

(1) A new system student qualifies in accordance with this regulation for a special support grant in connection with his attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A new system student qualifies for a special support grant if he—

(a) falls within a prescribed category of person for the purposes of section 124(1)(e) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00055]; or

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 130(2) of that Act[^f00056].

(3) If a new system student does not qualify for a fee loan in respect of an academic year of the designated course, he cannot qualify for a special support grant for that year unless the reason that he does not qualify for a fee loan is because—

(a) the year is an Erasmus year; or

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

Amount of the special support grant

52

(1) The maximum amount of special support grant available in respect of an academic year is—

(a) in the case of a type 1 teacher training student, £1,600;

(b) in the case of a type 2 teacher training student, £3,200;

(2) A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,500 or less, he receives £1,600;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to

$$M-(A)(2)$where—M is £1,600A is £1 for every complete £4.50 by which the household income exceeds £17,500; and$

(c) where the household income exceeds £26,500 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £600.

(3) A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,500 or less, he receives £3,200;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to M − A where—

M is £3,200

A is £1 for every complete £4.50 by which the household income exceeds £17,500; and

(c) where the household income exceeds £26,500 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,200.

(4) A new system student other than a type 1 or type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £17,500 or less, he receives £3,200;

(b) where the household income exceeds £17,500 but does not exceed £26,500, he receives an amount equal to M − A where—

M is £3,200

A is £1 for every complete £4.50 by which the household income exceeds £17,500;

RM is £1,200

A is £1 for every complete £9.50 by which the household income exceeds £26,500; and

(d) where the household income exceeds £37,425, no special support grant is payable.

CHAPTER 8 — HIGHER EDUCATION BURSARIES FOR OLD SYSTEM STUDENTS

Qualifying conditions for and amounts of the higher education bursary

53

(1) Subject to paragraph (2), an old system student who qualifies for a grant for fees under regulation 21 and who is under the age of 60 on the relevant date qualifies for a higher education bursary in accordance with his attendance on a designated course.

(2) If an old system student does not qualify for a grant for fees in respect of an academic year of the designated course, he cannot qualify for a higher education bursary for that year unless the reason that he does not qualify for a grant for fees is because—

(a) the year is an Erasmus year; or

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

(3) The amount of bursary payable in respect of any academic year shall be determined by reference to the household income ascertained under paragraph 3 of Schedule 4 in accordance with the following table—

Residual Income (£)	Bursary (£)
Up to 10,750	2,000
10,751 to 11,000	1,955
11,001 to 12,000	1,765
12,001 to 13,000	1,580
13,001 to 14,000	1,395
14,001 to 15,000	1,210
15,001 to 16,000	1,025
16,001 to 17,000	880
17,001 to 18,000	710
18,001 to 19,000	555
19,001 to 20,000	>400
20,001 to 21,000	245
21,001 to 21,500	165
21,501 and over	0

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

PART 6 — LOANS FOR LIVING COSTS

CHAPTER 1 — QUALIFYING CONDITIONS

Qualifying conditions for the loan for living costs – new system students

54

(1) Subject to paragraph (3), a new system student qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(a) he is under the age of 60 on the relevant date; and

(b) he does not have an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations.

(2) The condition in paragraph (1)(b) does not apply where—

(a) the designated course is considered to be a single course under regulation 5(5) and (6);

(b) the designated course leads to qualification as a social worker;

(c) the new system 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, or section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income; or a Scottish healthcare allowance the amount of which is calculated by reference to his income in respect of any academic year of the course; or

(d) the new system student is on a course for the initial training of teachers.

(3) A new system student does not qualify for a loan for living costs if—

(a) he is in receipt of funding from the Department to participate in a management development programme known as the Business Education Initiative; or

(b) the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.

(4) To receive a loan for living costs, a new system student must enter into a contract with the Department.

Qualifying conditions for the loan for living costs – old system students

55

(1) Subject to paragraph (4), an old system student who falls within paragraph (a) or (d)(i) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he is under the age of 60 on the relevant date.

(2) Subject to paragraph (4), an old system student who falls within paragraph (b), (c), (d)(ii) or (e) of the definition of “old system student” in regulation 2 qualifies for a loan for living costs in connection with his attendance on a designated course if he meets the following conditions—

(a) he is under the age of 60 on the relevant date; and

(b) he does not have an honours degree from an institution in the United Kingdom or the Republic of Ireland for which he received financial support under previous regulations.

(3) The condition in paragraph (2)(b) does not apply where—

(a) the designated course is considered to be a single course under regulation 5(5) and (6);

(b) the designated course leads to qualification as a social worker;

(c) the old system 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, or section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income; or a Scottish healthcare allowance the amount of which is calculated by reference to his income in respect of any academic year of the course; or

(d) the old system student is on a course for the initial training of teachers.

(4) An old system student does not qualify for a loan for living costs if—

(a) he is in receipt of funding from the Department to participate in a management development programme known as the Business Education Initiative; or

(b) the only paragraph in Part 2 of Schedule 1 into which he falls is paragraph 9.

(5) To receive a loan for living costs, an old system student must enter into a contract with the Department.

CHAPTER 2 — MAXIMUM AMOUNTS OF LOANS

General

56

(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is a new system student with full entitlement, in accordance with regulation 57 or 58;

(b) where the eligible student is an old system student with full entitlement, in accordance with regulation 59;

New system students with full entitlement

57

(1) This regulation applies to a new system student with full entitlement (other than a type 1 or type 2 teacher training student whose contribution exceeds nil).

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year (other than the final year of a course that is not an intensive course ) is equal to X − Ywhere—

X is—for a student in category A, £3,415;for a student in category B, £6,170;for a student in category C or D, £5,255;for a student in category E, £4,405;

Y is the maintenance grant amount.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X − Ywhere—

X is—for a student in category A, £3,085;for a student in category B, £5,620;for a student in category C or D, £4,570;for a student in category E, £4,080;

Y is the maintenance grant amount.

(4) In this regulation, “the maintenance grant amount” is—

(a) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,200, the amount of maintenance grant payable;

(b) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,200, but less than £3,200, £1,200 with the addition of the amount calculated at paragraph (5);

(c) where the student qualifies under regulation 50(2)(b) for an amount of maintenance grant exceeding £1,200 but not exceeding £1,600, £1,200 with the addition of the amount calculated at paragraph (6);

(d) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,200, £1,700; and

(e) where no maintenance grant is payable, nil.

(5) For the purposes of paragraph (4)(b) the maintenance grant amount is the amount by which the grant calculated at sub-paragraph (b) exceeds the amount calculated at sub-paragraph (a)—

$£1,500-A-£17,500£6$

$£2,000-A-£17,500£4.50$

where A is the household income.

(6) For the purposes of paragraph (4)(c) the maintenance grant amount is the amount by which the grant calculated at sub-paragraph (b) exceeds the amount calculated at sub-paragraph (a)—

$£750-A-£17,500£12$

$£1,000-A-£17,500£9$

where A is the household income.

Type 1 and type 2 teacher training students

58

(1) This regulation applies to a new system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year (other than the final year of a course that is not an accelerated course) is —

(a) for a student in category A, £3,415;

(b) for a student in category B, £6,170;

(d) for a student in category E, £4,405.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—

(a) for a student in category A, £3,085;

(b) for a student in category B, £5,620;

(d) for a student in category E, £4,080.

Old system students with full entitlement

59

(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year (other than the final year of a course that is not an intensive course ) is equal to X – Y where—

X is—

(a) for a student in category A, £3,415;

(b) for a student in category B, £6,170;

(d) for a student in category E, £4,405;

Y is the reduction.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which an old system student with full entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive courseis equal to X – Y where—

X is—

(a) for a student in category A, £3,085;

(b) for a student in category B, £5,620;

(d) for a student in category E, £4,080;

Y is the reduction.

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

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

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

(4) Where the maximum amount of loans set out in paragraphs (1) and (2) are reduced under paragraph (3), such reductions shall not have effect so as to reduce the amount of loan below the amount applicable to the student under regulation 60(1)(e) or (2)(e).

Old and new system students with reduced entitlement

60

(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course (other than the final year of a course that is not an intensive course ) is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 37(3)(a) or (b)—

(i) for a student in category A, £1,620;

(ii) for a student in category B, £3,030;

(iii) for a student in category C, D or E, £2,160.

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 37(3)(c) or (5)—

(i) for a student in category A, £1,620;

(ii) for a student in category B, £3,030;

(iii) for a student in category C or D, £2,585;

(iv) for a student in category E, £2,160;

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

X is—for a student in category A, £2,560;for a student in category B, £4,630;for a student in category C or D, £3,940;for a student in category E, £3,305;

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

(d) the specified amount is—

(i) £600 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £600;

(ii) £1,200 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,200;

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

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

(i) for a student in category A, £1,960;

(ii) for a student in category B, £4,715;

(iii) for a student in category C or D, £3,800;

(iv) for a student in category E, £2,950.

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

(a) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 37(3)(a) or (b)—

(i) for a student in category A, £1,230;

(ii) for a student in category B, £2,320;

(iii) for a student in category C, D or E, £1,680;

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 37(3)(c) or (5)—

(i) for a student in category A, £1,320;

(ii) for a student in category B, £2,320;

(iii) for a student in category C or D, £1,885;

(iv) for a student in category E, £1,680;

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

X is—for a student in category A, £2,315;for a student in category B, £4,215;for a student in category C or D, £3,430;for a student in category E, £3,060;

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

(d) the specified amount is—

(i) £600 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £600;

(ii) £1,200 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,200;

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

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

(i) for a student in category A, £1,630;

(ii) for a student in category B, £4,165;

(iii) for a student in category C or D, £3,115;

(iv) for a student in category E, £2,625.

CHAPTER 3 — COLLEGE FEE LOANS

College fee loans

61

A college fee loan is available to an eligible student in accordance with Schedule 5.

CHAPTER 4 — MISCELLANEOUS

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

62

(1) Subject to regulation 65, the loan for living costs is payable in respect of three quarters of the academic year.

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

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

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

Students falling into more than one category

63

(1) Where an eligible student falls into more than one of the categories set out in regulation 70 in the course of the academic year—

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

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

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

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

(2) Category C cannot be the category applicable to a quarter unless the student is attending an overseas institution for at least half of the period covered by that quarter.

Students residing with parents

64

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

Students becoming eligible in the course of an academic year

65

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

(2) The events are—

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

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

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

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

(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.

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

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

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

Disabled students

66

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

(2) This regulation applies to—

(a) a compressed degree student;

(b) a disabled student who—

(i) is not a compressed degree student; and

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

Increases in maximum amount

67

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

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

(3) The amount is—

(a) for a student in category A, £51;

(b) for a student in category B, £98;

(d) for a student in category E, £77.

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

(a) for a student in Category A, by £51; or

(b) for a student in Category D, by £77.

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

Deductions from loans for living costs

68

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a new system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 8.

(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.

Applying for an additional amount of loan for living costs

69

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

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

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

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

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

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

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

Categories of student

70

In this Part—

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

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

(i) a course at the University of London;

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

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

(c) a student is in category C if he is not in category A and he attends an overseas institution as part of his course for at least eight consecutive weeks in the academic year;

(d) a student is in category D if he is not in category A and he attends the British Institute in Paris;

(e) a student is in category E if he is not in categories A to D.

Interpretation of Part 6

71

In this Part—

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

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

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

(i) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 37(3)(a) or (b);

(ii) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 37(3)(c) or (5); or

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

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

PART 7 — INTEREST AND INSOLVENCY

Interest

72

(1) Subject to paragraph (2), loans bear interest at the rate which will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980[^f00057] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2005 and that index so published for March 2006.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974[^f00058] loans bear interest at the rate so specified.

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

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

Insolvency

73

(1) In Northern Ireland—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989[^f00059] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

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

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

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

(2) In England and Wales—

(a) there shall not be treated as part of a bankrupt’s estate or claimed for his estate under section 307 or 310 of the Insolvency Act 1986[^f00060] any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy; and

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

(i) in the case of a bankruptcy commencing before 1st September 2004, after the commencement of the bankruptcy; or

(ii) in the case of a bankruptcy commencing on or after 1st September 2004, before or after the commencement of the bankruptcy.

PART 8 — FINANCIAL ASSESSMENT

Calculation of contribution

74

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 4.

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

Application of contribution – new system students

75

In the case of a new system student, the Department must apply the contribution in accordance with regulation 77 until it is extinguished.

Application of contribution – old system students

76

(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 27(1) or 28(1), to determine the actual amount of grant for fees that is payable, the Department must first apply the contribution to reduce the basic amount of the grant for fees.

(2) If the contribution is not extinguished under paragraph (1), the Department must apply the remainder in accordance with regulation 77.

(3) Where the course is a course for the initial training of teachers (other than a course for a first degree), there is no deduction from the basic amount of the grant for fees under this regulation and the contribution is applied in accordance with regulation 77.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 27(2) or regulation 28(2) and one of the cases set out in regulation 20(3)(b), (d) or (e) applies, to determine the actual amount of the grant for fees that is payable, the Department must—

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

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

(5) In the case of an Erasmus year, the Department must apply the amount by which the contribution exceeds £1,200 in accordance with regulation 77.

(6) Where none of the circumstances in the paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 77.

Order of application

77

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

(a) first, to reduce the amount of adult dependants' grant calculated in accordance with regulation 45;

(b) second, to reduce the childcare grant calculated in accordance with regulation 45;

(c) third, to reduce the parents' learning allowance calculated in accordance with regulation 45 (except the first £50 of the allowance);

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

(e) fifth, to reduce the grant for travel calculated in accordance with regulation 48.

Application of contribution to loan for living costs

78

(1) Subject to paragraphs (2) and (5), the “minimum level for the academic year” in regulation 77(d) for a new system student is—

(a) £2,560, in the case of a student in category A;

(b) £4,630, in the case of a student in category B;

(d) £3,305, in the case of a student in category E.

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

(a) £2,315, in the case of a student in category A;

(b) £4,215, in the case of a student in category B;

(d) £3,060, in the case of a student in category E.

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

(a) £1,960, in the case of a student in category A;

(b) £4,715, in the case of a student in category B;

(d) £3,800, in the case of a student in category D;

(e) £2,950, in the case of a student in category E.

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

(a) £1,630 in the case of a student in category A;

(b) £4,165, in the case of a student in category B;

(d) £3,115, in the case of a student in category D;

(e) £2,625, in the case of a student in category E.

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

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

(7) The rate applicable for a quarter is determined in accordance with regulation 63.

(8) Paragraph (9) applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

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

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

(10) Categories A to E have the meaning given in regulation 70.

PART 9 — PAYMENTS

Payment of grants for fees

79

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

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

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

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

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

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

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 15, undertake the course; and

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

Payment of fee loans and fee contribution loans

80

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

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

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

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

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

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

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

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student treated as in attendance under regulation 15, undertake the course; and

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

Payment of loans – information requirements

81

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

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

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

(4) The Department may at any time verify with the Department for Work and Pensions the United Kingdom national insurance number that an applicant or eligible student has provided or may check with the Department for Work and Pensions whether he has such a number with a view to obtaining it if he does.

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

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

Payment of bursaries and grants for living and other costs and loans for living costs – timing of payments

82

(1) The Department may pay support under Part 5 or Part 6 in instalments.

(2) Subject to paragraph (3), the Department may pay support under Part 5 or Part 6 at such times as it considers appropriate.

(3) Where an institution is required to send an attendance confirmation to the Department, the Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 or Part 6 by instalments, make any payment of support under Part 5 or Part 6 to the eligible student before it has received that confirmation unless an exception applies.

(4) An exception applies if—

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

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

(5) An institution is required to send an attendance confirmation to the Department in respect of an academic year of the current course where the year begins on or after 1st September 2006.

(6) In this regulation, “attendance confirmation” means—

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

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

(ii) the student has a disability; and

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

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

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

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

(iii) sub-paragraph (a)(iii) does not apply;

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

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

Payment of bursaries and grants for living and other costs and loans for living costs - general provisions

83

(1) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the support under Part 5 or Part 6.

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

(3) Subject to regulation 7, no support under Part 5 or Part 6 is due in respect of a payment period beginning after an eligible student has withdrawn from, abandoned or been expelled from his course.

(4) In this regulation, “payment period” means a period in respect of which the Department pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student had not withdrawn from, abandoned, been expelled from or been absent from his course.

(5) Where an eligible student withdraws from, abandons or is expelled from his course on or after the relevant date, the Department must determine—

(a) the amount of each bursary and grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the student had not withdrawn from, abandoned or been expelled from the course (the “full amount”); and

(b) how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the student withdraws, abandons or is expelled from the course (the “partial amount”).

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

(7) If the Department has made a payment of a bursary or grant for living and other costs in respect of the relevant payment period before the point in that period at which the student withdraws from, abandons or is expelled from the course and that payment exceeds the partial amount of that grant—

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

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

(8) If a payment of a bursary or grant for living and other costs in respect of the relevant payment period is due to be made or is made after the student withdraws from, abandons or is expelled from the course, the amount of that bursary or grant due is the partial amount unless the Department considers that it is appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(9) No support under Part 5 or Part 6 is due in respect of a payment period during any part of which an eligible student is absent from his course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying all or part of the support would cause.

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

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

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

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

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

(d) any remaining overpayment is recoverable in accordance with regulation 84.

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

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

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

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

Overpayments

84

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

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

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

(4) The methods of recovery are—

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

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

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

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

(7) In the circumstances in paragraph (8) or (9), there is an overpayment of the disabled students' allowance unless the Department decides otherwise.

(8) The circumstances are—

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

(b) the student withdraws from, abandons or is expelled from the course after the relevant date; and

(c) the equipment has not been delivered to the student before he withdraws from, abandons or is expelled from the course.

(9) The circumstances are—

(a) the eligible student withdraws from, abandons or is expelled from the course after the relevant date; and

(b) a payment of the disabled students' allowance in respect of specialist equipment is made to the student after he withdraws from, abandons or is expelled from the course.

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

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

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

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

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

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

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

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

(13) Where there has been an overpayment of a loan for living costs which is not recoverable under paragraph (11), the Department may subtract the overpayment from the amount of any loan for living costs payable to the student from time to time.

PART 10 — SUPPORT FOR PART-TIME COURSES

Eligible part-time students

85

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

(2) Subject to paragraph (3), a person is an eligible part-time student in connection with a designated part-time course if 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 part-time student if—

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.