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The Education (Student Support) Regulations (Northern Ireland) 2007

Type Ni-Statutory-Rule

Publication 2007-03-22

Last updated 2008-07-17

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(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

35

(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 or a designated distance learning course, undertake 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 or, in the case of a designated distance learning course, undertaking 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 (including an honours 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 21 and 28—

(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 21 and 28, 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 21 and 28, 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 21 and 28, 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.

Miscellaneous

36

(1) An eligible student is not prevented from qualifying for fee support under this Part—

(a) by virtue of having an honours degree from an institution in the United Kingdom if—

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

(ii) 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

(iii) the student is not a qualified teacher.

(b) by virtue of having an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations if—

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

(ii) 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

(iii) the student is not a qualified teacher.

(2) Where the current course is considered to be a single course because of regulation 6(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[^f00037] is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00038].

(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

Current system students

37

The following grants are available to a current 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

38

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 bursary.

CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

39

(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 2 into which he falls is paragraph 9;

(b) a bursary under regulation 62 in respect of any academic year of a part-time course for the initial training of teachers referred to in paragraph 5 of Schedule 3.

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

(a) which is a bursary year; or

(b) 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)(b) 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[^f00039];

(iia) a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990.

(iii) a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977[^f00040], a Special Health Authority established pursuant to section 11 of that Act[^f00041] or a Local Health Board established pursuant to section 16BA of that Act[^f00042];or

(iv) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00043].

(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;

(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;

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

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

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

(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part in respect of an academic year during any part of which he is a prisoner.

(10) Paragraph (9) does not apply in respect of disabled students’ allowance.

Students who are treated as in attendance

40

(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 the following grants—

(a) grant for students who have left care;

(aa) disabled students’ allowance;

(b) grants for dependants;

(d) higher education bursary.

(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 who 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

41

An eligible student qualifies for a grant to assist with the additional expenditure which the Department is satisfied that he is obliged to incur in connection with his attendance on a designated course by reason of a disability to which he is subject.

Amount of the disabled students’ allowance

42

(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) £12,420 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £4,905 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 Institute;

(d) £1,640 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 maxima specified in those sub-paragraphs.

(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 paragraphs (2)(a) and (2)(d) is £9,315 and £1,230, respectively where—

(a) an eligible student attends 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.

CHAPTER 4 — GRANTS FOR DEPENDANTS

General

43

(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 45 to 48.

Grants for students who have left care

44

(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 he last ceased to fall within paragraph 2(1)(f) of Schedule 5 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(1)(f) of Schedule 5 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.

Adult dependants’ grant

45

(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 £3,610.

(3) The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being—

(a) £2,510; 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 £2,510 as the Department considers reasonable in the circumstances.

Childcare grant

46

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

(2) Subject to paragraphs (3) and (4), the childcare grant is available in respect of an academic year in which the eligible student incurs prescribed childcare charges for—

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

(b) a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996[^f00044] and is under the age of 17 immediately before the beginning of the academic year.

(3) An eligible student does not qualify for a childcare grant 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[^f00045].

(4) An eligible student does not qualify for a childcare grant if the prescribed childcare charges that he incurs for his child are paid or to be paid by him to his partner.

(5) Subject to paragraph (6), the basic amount of childcare grant for each week is—

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

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, 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.

(6) 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 prescribed childcare charges 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 (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002[^f00046].

Parents’ learning allowance

47

(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 48, the basic amount being £1,435.

Calculations

48

(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 45 to 47 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 45;

(b) to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 46; and

(c) to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 47.

(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 $A−B$is 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—

(a) £1,100 where the eligible student has no dependent child;

(b) £3,300 where the eligible student is not a lone parent and has one dependent child;

(i) is not a lone parent and has more than one dependent child; or

(ii) is a lone parent and has one dependent child;

(d) £5,505 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 39(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 9 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

Interpretation of Chapter 4

49

(1) In regulations 45 to 48—

(a) subject to sub-paragraph (m), “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;

(da) “dependent child” means, in relation to an eligible student, a child dependent on the student;

(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), (j) , (k) and (l), “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 5 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 5 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 5;

(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 5;

(k) for the purposes of regulation 46—

(i) sub-paragraph (h) does not apply; and

(ii) 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 5.

(l) for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means—

(i) the spouse of an eligible student’s partner;

(ii) the civil partner of an eligible student’s partner;

(iii) where the eligible student began the specified designated course on or after 1st September 2000, a person ordinarily living with an eligible student’s partner as if he were his spouse;

(iv) where the eligible student began the specified designated course on or after 1st September 2005, a person ordinarily living with an eligible student’s partner as if he were his civil partner;

(m) subject to sub-paragraph (n), for the purposes of the definitions of “adult dependant” and “dependent child”, the Department may treat an adult person or child as dependent on an eligible student if it is satisfied that the adult person or child—

(i) is not dependent on—

(aa) the eligible student; or

(bb) his partner; but

(ii) is dependent on the eligible student and his partner together.

(n) the Department must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (m), if A is—

(i) the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Department considers the eligible student’s partner is separated); or

(ii) the former partner of the eligible student’s partner.

(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[^f00047];

(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[^f00048];

(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[^f00049];

(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[^f00050]; 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

General

50

(1) A grant for travel is available—

(a) to eligible students attending courses in medicine or dentistry in accordance with regulation 51;

(b) to eligible students attending an overseas institution or the Institute in accordance with regulation 53.

Qualifying conditions for the grant for travel – courses in medicine and dentistry

51

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.

Amount of the grant for travel – courses in medicine and dentistry

52

The amount of grant payable under regulation 51 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 that regulation less £290.

Qualifying conditions for the grant for travel – overseas study

53

A grant is available to an eligible student who attends an overseas institution or the Institute as part of his course in respect of the expenses that he is obliged to incur in each qualifying quarter.

Amount of the grant for travel – overseas study

54

The amount of grant payable under regulation 53 in respect of an academic year is calculated as follows—

$X−£290$where—

X is the aggregate of the expenses that the eligible student is obliged to incur in each qualifying quarter.

Additional amount of grant for travel – overseas study

55

An eligible student who—

(a) qualifies for a grant under regulation 53; and

(b) 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 the period he is attending the overseas institution or the Institute,

qualifies for additional grant under this regulation equal to the amount incurred.

Deductions from the grant for travel

56

A deduction may be made from any grant under this Chapter in accordance with Part 9.

Interpretation

57

For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study—

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

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

(b) “expenses” means reasonable expenditure within or outside of the United Kingdom for the purpose of attending as part of a designated course an overseas institution or the Institute;

(c) “qualifying quarter” means a quarter during which the eligible student attends as part of his course an overseas institution or the Institute for at least half the period covered by that quarter.

CHAPTER 6 — MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant

58

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

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

(3) If a current 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

59

(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, £1,632;

(b) in the case of a type 2 teacher training student, £3,265; 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 £17,910 or less, he receives £1,632;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to$M−( A 2 )$

where

M is £1,632

A is £1 for every complete £4.53 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £615.

(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 £17,910 or less, he receives £3,265;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to $M−A$ where—

M is £3,265

A is £1 for every complete £4.53 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,230.

(4) A current 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 £17,910 or less, he receives £3,265;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to $M−A$where—

M is £3,265

A is £1 for every complete £4.53 by which the household income exceeds £17,910;

RM is £1,230

A is £1 for every complete £9.50 by which the household income exceeds £38,330;

(d) where the household income exceeds £38,330, no maintenance grant is payable.

CHAPTER 7 — SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant

60

(1) A current 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 current 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[^f00051]; or

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 129(2) of that Act[^f00052].

(3) If a current 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

61

(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, £1,632;

(b) in the case of a type 2 teacher training student, £3,265;

(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 £17,910 or less, he receives £1,632;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to $M−( A 2 )$ where—

M is £1,632

A is £1 for every complete £4.53 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £615.

(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 £17,910 or less, he receives £3,265;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to $M−A$ where—

M is £3,265

A is £1 for every complete £4.53 by which the household income exceeds £17,910; and

(c) where the household income exceeds £27,120 or he opts when applying for the grant not to provide the information needed to calculate the household income, he receives £1,230.

(4) A current 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 £17,910 or less, he receives £3,265;

(b) where the household income exceeds £17,910 but does not exceed £27,120, he receives an amount equal to $M−A$ where—

M is £3,265

A is £1 for every complete £4.53 by which the household income exceeds £17,910;

RM is £1,230

A is £1 for every complete £9.50 by which the household income exceeds £27,120; and

(d) where the household income exceeds £38,330, no special support grant is payable.

CHAPTER 8 — HIGHER EDUCATION BURSARY FOR OLD SYSTEM STUDENTS

Qualifying conditions for and amounts of the higher education bursary

62

(1) Subject to paragraph (2), an old system student who qualifies for a grant for fees under regulation 24 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 5 in accordance with the following table—

Residual Income (£)	Bursary (£)
Up to 11,000	2,000
11,001 to 12,000	1,820
12,001 to 13,000	1,635
13,001 to 14,000	1,455
14,001 to 15,000	1,275
15,001 to 16,000	1,090
16,001 to 17,000	925
17,001 to 18,000	770
18,001 to 19,000	620
19,001 to 20,000	470
20,001 to 21,000	315
21,001 to 22,000	165
22,001 and over	0

PART 6 — LOANS FOR LIVING COSTS

CHAPTER 1 — QUALIFYING CONDITIONS

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

63

(1) Subject to paragraphs (3) and (3A), a current 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—

(i) an institution in the United Kingdom; or

(ii) an institution in 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 6(5);

(b) the designated course leads to qualification as a social worker at a relevant institution in Northern Ireland;

(c) the current system student is eligible to receive a healthcare bursary 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 current system student is on a course for the initial training of teachers.

(3) A current 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 2 into which he falls is paragraph 9.

(3A) A current system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.

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

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

64

(1) Subject to paragraphs (4) and (4A), an old system student who falls within paragraph (a), (b), (e)(i) or (f) 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 (c), (d) or (e)(ii) 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—

(i) an institution in the United Kingdom; or

(ii) an institution in 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 6(5);

(b) the designated course leads to qualification as a social worker at a relevant institution in Northern Ireland;

(c) the old system student is eligible to receive any healthcare bursary 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 2 into which he falls is paragraph 9.

(4A) An old system student does not qualify for a loan for living costs in respect of an academic year during any part of which he is a prisoner.

(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

65

(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 current system student with full entitlement, in accordance with regulation 66 or 67;

(b) where the eligible student is an old system student with full entitlement, in accordance with regulation 68;

Current system students with full entitlement

66

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

(2) Subject to Chapter 3 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 $X−Y$where—

X is— for a student in category A, £3,495; for a student in category B, £6,315; for a student in category C, £5,375; for a student in category D, £4,510;

Y is the maintenance grant amount.

(3) Subject to Chapter 3 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 $X−Y$where—

X is— for a student in category A, £3,155; for a student in category B, £5,750; for a student in category C, £4,675; for a student in category D, £4,175;

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 £1,230, the amount of maintenance grant payable;

(b) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant exceeding £1,230, but less than £3,265, £1,230 with the addition of the amount calculated at paragraph (5);

(c) where the student qualifies under regulation 59(2)(b) for an amount of maintenance grant exceeding £1,230, but not exceeding £1,632, £1,230 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 £3,265, £1,765; 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)—

(a) $£1,535−( A−£17,910 £6 )$

(b) $£2,035−( A−£17,910 £4.53 )$

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)—

(a) $£767−( A−£17,910 £12 )$

(b) $£1,017−( A−£17,910 £9.06 )$

where A is the household income.

Type 1 and type 2 teacher training students

67

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

(2) Subject to Chapter 3 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, £3,495;

(b) for a student in category B, £6,315;

(d) for a student in category D, £4,510.

(3) Subject to Chapter 3 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, £3,155;

(b) for a student in category B, £5,750;

(d) for a student in category D, £4,175.

Old system students with full entitlement

68

(1) Subject to Chapter 3 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, £3,495;

(b) for a student in category B, £6,315;

(d) for a student in category D, £4,510;

Y is the reduction.

(2) Subject to Chapter 3 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 course is equal to X – Y where—

X is—

(a) for a student in category A, £3,155;

(b) for a student in category B, £5,750;

(d) for a student in category D, £4,175;

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 69(1)(e) or (2)(e).

Students with reduced entitlement

69

(1) Subject to Chapter 3 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 39(3)(a)—

(i) for a student in category A, £1,660;

(ii) for a student in category B, £3,100;

(iii) for a student in category C or D, £2,210.

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—

(i) for a student in category A, £1,660;

(ii) for a student in category B, £3,100;

(iii) for a student in category C, £2,645;

(iv) for a student in category D, £2,210;

(c) where a current 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 $X−Y$where—

X is—for a student in category A, £2,620;for a student in category B, £4,735;for a student in category C, £4,030;for a student in category D, £3,385;

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

(d) the specified amount is—

(i) £615 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 £615;

(ii) £1,230 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 £1,230;

(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, £2,005;

(ii) for a student in category B, £4,825;

(iii) for a student in category C ..., £3,885;

(iv) for a student in category D, £3,020.

(2) Subject to Chapter 3 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 39(3)(a)—

(i) for a student in category A, £1,260;

(ii) for a student in category B, £2,375;

(iii) for a student in category C or D, £1,720;

(b) where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)—

(i) for a student in category A, £1,260;

(ii) for a student in category B, £2,375;

(iii) for a student in category C, £1,930;

(iv) for a student in category D, £1,720;

(c) where a current 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 $X−Y$where—

X is—for a student in category A, £2,365;for a student in category B, £4,315;for a student in category C, £3,505;for a student in category D, £3,130;

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

(d) the specified amount is—

(i) £615 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 £615;

(ii) £1,230 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 £1,230;

(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, £1,665;

(ii) for a student in category B, £4,260;

(iii) for a student in category C ..., £3,185;

(iv) for a student in category D, £2,685.

CHAPTER 3 — MISCELLANEOUS

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

70

(1) Subject to regulation 71, 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

71

(1) Where an eligible student falls into more than one of the categories set out in regulation 78 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.

Students residing with parents

72

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

73

(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;

(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;

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

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

(f) 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.

Students who are treated as in attendance on a course

74

(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 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

75

(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, £52;

(b) for a student in category B, £100;

(d) for a student in category D, £79.

(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 £52; or

(b) for a student in Category D, by £79.

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

Deductions from loans for living costs

76

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 9.

(2) There is no deduction under Part 9 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

77

(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

78

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;

(i) he attends as part of his course an overseas institution; or

(ii) he attends the Institute;

(d) a student is in category D if he is not in categories A to C.

Interpretation of Part 6

79

In this Part—

(a) a “current system student with full entitlement” is a current 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 39(3)(a);

(ii) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(b) 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 — COLLEGE FEE LOANS

General

80

An eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course in accordance with this Part.

Qualifying conditions

81

(1) Subject to paragraphs (2) and (3), an eligible student or person treated as an eligible student qualifies for a college fee loan in connection with his attendance on a qualifying course if he—

(a) has an honours degree from an institution in the United Kingdom;

(b) is taking a qualifying course which he—

(i) began on or after 1st September 2006 and on which he is continuing after 31st August 2007; or

(ii) begins on or after 1 September 2007;

(c) is a member of a college or a permanent private hall of the University of Oxford or a member of a college of the University of Cambridge; and

(d) was under the age of 60 on the first day of the first academic year of the qualifying course.

(2) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 does not qualify for a college fee loan under this Part if he is ordinarily resident in England or Wales.

(3) An eligible student who falls within paragraph 9 of Part 2 of Schedule 2 and who is ordinarily resident in Scotland does not qualify for a college fee loan if he is settled in the United Kingdom other than by reason of having acquired the right of permanent residence or if he is the family member of such a person.

Persons to be treated as eligible students

82

A person is “a person treated as an eligible student” if—

(a) none of the circumstances in regulation 5(3) applies to him; and

(b) either—

(i) he would have fallen within paragraph 3, 6, 7, 10 or 11 of Part 2 of Schedule 2 if any requirement in those paragraphs to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland at that time or if any requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland; or

(ii) he is settled in the United Kingdom by virtue of a right of permanent residence and would have fallen within paragraph 8 of Part 2 of Schedule 2 if the requirement in that paragraph to be ordinarily resident in Northern Ireland at a particular time had been a requirement to be ordinarily resident in Scotland.

Disabled students

83

A disabled student who is undertaking a qualifying course in the United Kingdom but who is not in attendance because he is unable to attend for a reason which relates to his disability is treated as if he were in attendance on the qualifying course for the purpose of qualifying for the college fee loan.

Students becoming eligible during the course of an academic year

84

(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year—

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

(2) The relevant events are—

(a) 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;

(b) a state accedes to the European Community and the student is a national of that state or is the family member (as defined in Part 1 of Schedule 2) of a national of that state or would have been a family member of a national of that state if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;

(c) the student becomes a family member (as defined in Part 1 of Schedule 2) of an EC national or would have become a family member of an EC national if the requirement to be working or self-employed in Northern Ireland had been a requirement to be working or self-employed in Scotland;

(d) the student acquires the right of permanent residence;

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

(e) the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2 or would have become such a person if the requirement to be ordinarily resident in Northern Ireland and the requirement to be working or self-employed in Northern Ireland in paragraph 6 of Part 2 of Schedule 2 had been requirements to be ordinarily resident in Scotland or working or self-employed in Scotland;

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

Availability of college fee loans

85

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

(2) A college fee loan is available in respect of each standard academic year of the qualifying course and in respect of one academic year of the qualifying course that is not a standard academic year.

(3) Where a qualifying student is allowed to study the content of one standard academic year of the qualifying course over two or more academic years, for the purpose of determining whether a college fee loan is available to the qualifying student for those years, the first of such years of study is to be treated as a standard academic year and the following academic years of that kind are to be treated as academic years that are not standard academic years.

(4) For the purposes of this Part, “standard academic year” means an academic year of the qualifying course that would be taken by a person who does not repeat any part of the course and who enters the course at the same point as the qualifying student.

Amount of college fee loan

86

(1) The amount of the college fee loan in respect of an academic year of a qualifying course must not exceed the amount equal to the college fees payable by the student to his college or permanent private hall in connection with that year.

(2) Where a qualifying student has applied for a college fee loan of less than the maximum amount available 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 maximum amount available.

Transfers

87

Despite regulation 8, where a qualifying student transfers from one qualifying course to another qualifying course—

(a) the Department must transfer the student’s status as a qualifying student to the other course on the request of the student unless the period of eligibility has terminated;

(b) if the student transfers before the end of the academic year after applying for a college fee loan, the amount applied for is paid to the relevant college or permanent private hall in respect of the qualifying course to which the student transfers provided that the conditions in regulation 102 are met and he cannot qualify for another college fee loan in respect of that academic year;

(c) if the student transfers after the college fee loan is paid and before the end of the academic year, he cannot apply for another college fee loan in connection with the academic year of the qualifying course to which he transfers.

PART 8 — INTEREST AND INSOLVENCY

Interest

88

(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[^f00053] equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 2006 and that index so published for March 2007.

(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[^f00054] 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

89

(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[^f00055] 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[^f00056] 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 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.

(3) In this regulation, “loan” means a loan pursuant to regulations made by the Department under Article 3 of the Order, including the interest on the loan and any penalties or charges incurred in connection with it.

PART 9 — FINANCIAL ASSESSMENT

Calculation of contribution

90

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

(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 – current system students

91

In the case of a current system student, the Department must apply the contribution in accordance with regulation 93 until it is extinguished.

Application of contribution – old system students

92

(1) Subject to paragraph (3), where the basic amount of the grant for fees has been calculated in accordance with regulation 30(1) or 31(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 93.

(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 93.

(4) Where the basic amount of the grant for fees has been calculated in accordance with regulation 30(2) or regulation 31(2) and one of the cases set out in regulation 23(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 £1,225 in accordance with regulation 93.

(6) Where none of the circumstances in the paragraphs (1) to (5) apply, the contribution is applied in accordance with regulation 93.

Order of application

93

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 48;

(b) second, to reduce the childcare grant calculated in accordance with regulation 48;

(c) third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (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 specified in regulation 94;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Application of contribution to loan for living costs

94

(1) Subject to paragraphs (2) and (5), the “minimum level for the academic year” in regulation 93(d) for a current system student is—

(a) £2,620, in the case of a student in category A;

(b) £4,735, in the case of a student in category B;

(d) £3,385, in the case of a student in category D.

(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) £2,365, in the case of a student in category A;

(b) £4,315, in the case of a student in category B;

(d) £3,130, in the case of a student in category D.

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

(a) £2,005, in the case of a student in category A;

(b) £4,825, in the case of a student in category B;

(d) £3,020, in the case of a student in category D.

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