The Education (Student Support) Regulations (Northern Ireland) 2009

Made

Coming into operation-: 12th March 2009

The Department for Employment and Learning[^f00001] makes the following Regulations in exercise of the powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998[^f00002] and now vested in it[^f00003].

PART 1 — GENERAL

Citation and commencement

1

• (1) These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 2009.

• (2) Subject to paragraph (3), regulation 3 and Schedule 1 come into operation on the 22nd day after these Regulations are laid before the Assembly.

• (3) The remaining provisions of these Regulations come into operation on 12th March2009.

• (4) These Regulations, except regulation 3 and Schedule 1, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 whether anything done under these Regulations is done before, on or after 1st September 2009.

Interpretation

2

• (1) In these Regulations—

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

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

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

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

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

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

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

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

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

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

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

• “the 2005 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2005[^f00017];

• “the 2006 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006[^f00018];

• “the 2007 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2007[^f00019]

• “the 2008 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2008[^f00020]

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

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

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

• “additional amount of loan for living costs” means a additional amount of loan for living costs pursuant to regulation 71;

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

• “bursary year” means an academic year of a course—in relation to which the student is eligible to receive any payment under a healthcare bursary the amount of which is calculated by reference to that student’s income; orin relation to which the student is eligible to receive a Scottish healthcare allowance the amount of which is calculated by reference to that student’s income;

• “college fee loan” means a loan for college fees payable to a qualifying student pursuant to regulations made by the Department under Article 3 of the Order;

• “compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course;

• “compressed degree student” means an eligible student who—is undertaking a compressed degree course in the United Kingdom (the “course”);either—began the course on or after 1st September 2006 and is continuing on that course after 31st August 2009; orbegins the course on or after 1st September 2009; andeither—is required to be in attendance on the course for part of the academic year for which the student is applying for support; oris a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability;

• “contribution” means an eligible student’s contribution calculated pursuant to regulation 90 and Schedule 5;

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

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

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

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

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

• “current system student” means an eligible student who—is not an old system student; andeither—began the current course on or after 1st September 2006 and is continuing on that course after 31st August 2009; orbegins the current course on or after 1st September 2009;

• “Department” means the Department for Employment and Learning;

• “designated course” means a course designated by regulation 6 or by the Department under regulation 6;

• “designated distance learning course” means a course designated by the Department under regulation 110;

• “designated part-time course” means a course designated by regulation 127 or by the Department under regulation 127;

• “designated postgraduate course” means a course designated by regulation 144 or by the Department under regulation 144;

• “disabled distance learning students’ allowance” means the grant payable under regulation 115;

• “disabled part-time students’ allowance” means the grant payable under regulation 133;

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

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004[^f00021] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• “EC national” means a national of a Member State of the European Community;

• “electronic signature” is so much of anything in electronic form as—is incorporated into or otherwise logically associated with any electronic communication or electronic data; andpurports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both;

• “eligible distance learning student” has the meaning given in regulation 108;

• “eligible part-time student” has the meaning given in regulation 125;

• “eligible postgraduate student” has the meaning given in regulation 142;

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

• “employment-based teacher training scheme” means—a scheme established by the Secretary of State for Innovation, Universities and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; ora scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers;

• “end-on course” means—a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 or 2008 Regulations;a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations;a full-time first degree course beginning on or after 1st September 2009, (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a lower level full-time or part-time higher education course, or undertake a compressed degree course or a designated distance learning course.

• “equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification;

• “Erasmus year” means an academic year of a course during which a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS[^f00022] and where the student’s course is a course referred to in regulation 6(1)(e) and all the periods of study during the academic year are at an institution outside the United Kingdom;

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

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

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

• “fees” has the meaning given in Article 3(1) of the 2005 Order except in references to college fees;

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

• “flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by the Training and Development Agency for Schools[^f00023];

• “former Metropolitan Police District” means—Greater London, excluding the City of London, the Inner Temple and the Middle Temple;in the county of Essex, in the district of Epping Forest—the area of the former urban district of Chigwell,the parish of Waltham Abbey;in the county of Hertfordshire—in the borough of Broxbourne, the area of the former urban district of Cheshunt,the district of Hertsmere,in the district of Welwyn Hatfield, the parish of Northaw; andin the county of Surrey—in the borough of Elmbridge, the area of the former urban district of Esher,the boroughs of Epsom and Ewell and Spelthorne,in the district of Reigate and Banstead, the area of the former urban district of Banstead;

• “gap year student” has the meaning given in paragraph (6);

• “grant for living and other costs” means a grant payable under Part 5;

• “healthcare bursary” means a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00024] or section 63 of the Health Services and Public Health Act 1968[^f00025];

• “higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

• “household income” has the meaning given in Schedule 5;

• “information” includes documents;

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

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

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

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

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

• “old award” is an award within the meaning of the Education (Students Awards) Regulations (Northern Ireland) 2003[^f00026];

• “old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008;

• “old system student” means an eligible student who—began the current course before 1st September 2006 and is continuing on that course after 31st August 2009;began the current course at the College of Agriculture, Food and Rural Enterprise[^f00027] before 1st September 2007 and who is continuing on that course after 31st August 2008;is a gap year student in relation to the current course;began the current course on or after 1st September 2006 at a relevant institution of higher education in the Republic of Ireland;began the current course on or after 1st September 2006 where that course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in this regulation) following on from—a course that the student began before 1st September 2006; ora course that the student began before 1st September 2007 and in relation to which the student was a gap year student; orbegan the current course on or after 1st September 2006 having had their status as an eligible student transferred to that course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course in connection with which the Department determined the student to be an eligible student and which the student began—before 1st September 2006; orbefore 1st September 2007 and in relation to which the student was a gap year student;

• “ordinary duration” means, in relation to a designated course, the number of academic years that a standard student would take to complete the designated course excluding any academic years of the course that are bursary years or Erasmus years;

• “period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 111 in relation to an eligible distance learning student, in regulation 128 in relation to an eligible part-time student and in regulation 145 in relation to an eligible postgraduate student;

• “periods of work experience” means—periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution;periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course);

• “person with leave to enter or remain” means a person—who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although the person is considered not to qualify for recognition as a refugee, it is thought right to allow that person to enter or remain in the United Kingdom;who has been granted leave to enter or remain accordingly;whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[^f00028]); andwho has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted leave to enter or remain;