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

Type Ni-Statutory-Rule

Publication 2009-02-05

Last updated 2009-09-01

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(i) to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

(7) For the purposes of Article 3 of the Order and regulation 125(1) the Department may designate courses of higher education which are not designated by paragraph (1).

Period of eligibility

128

(1) A student’s status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 125.

(2) The period for which an eligible part-time student’s status is retained is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 125, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course.

(4) The period of eligibility terminates when the eligible part-time student—

(a) withdraws from the designated part-time course in circumstances where the Department has not transferred or converted or will not transfer or convert the student’s status under regulation 137 or 138; or

(b) abandons or is expelled from the designated part-time course.

(5) The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 127(1)(c).

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 127(1)(c) even if the student increases the intensity of the student’s study.

(7) The Department may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A’s conduct that A is unfitted to receive support.

(8) If the Department is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—

(a) terminate the period of eligibility;

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

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible part-time student completes the designated part-time course; and

(b) otherwise than under paragraph (5),

the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.

Assistance for part-time courses

129

(1) For the purposes of this regulation, the assistance available is—

(a) a grant in respect of fees not exceeding the lesser of the following amounts—

(i) the basic grant, and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and

(b) a grant not exceeding £260 for books, travel and other expenditure in connection with the designated part-time course.

(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.

(3) An eligible part-time student qualifies for assistance—

(a) under paragraph (1)(a) if the Department considers that the student is undertaking the designated part-time course in Northern Ireland; and

(b) under paragraph (1)(b) if the Department considers that the student is undertaking the designated part-time course in the United Kingdom.

(4) An eligible part-time student does not qualify for support under this regulation if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).

(5) The loans and grants are—

(a) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order;

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course by the Department for Innovation, Universities and Skills pursuant to regulations made under section 22 of the 1998 Act; or

(c) a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980.

(6) An eligible part-time student does not qualify for support under this regulation if —

(a) the part time course leads to an equivalent or lower qualification;

(b) the student holds a first degree from an educational institution in the United Kingdom and the student began the course before 1st September 2009; or

(c) the student holds a first degree from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations and the student began the course before 1st September 2009.

(7) For the purposes of paragraph (6)(b) and (c), a degree is not to be treated as a first degree where—

(a) it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for the student’s first degree course; and

(b) the eligible part-time student is registered to continue the course at the same educational institution after the award of the student’s degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.

Amount of assistance

130

(1) The basic grant varies according to the intensity of study.

(2) The intensity of study is calculated as follows and expressed as a percentage—

$$PTFTx100$wherePT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support;FT is—where the course is provided by or on behalf of the Open University, 120;where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course.$

(3) For the purposes of paragraph (2) —

(a) “full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 127; and

(b) the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 127.

(4) The “basic grant” is—

(a) £805 where the intensity of study is less than 60 per cent. (“level 1”);

(b) £970 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”);

(5) Subject to paragraph (6) and regulation 137(6), the amount of assistance payable in respect of an academic year is determined as follows—

(a) if at the date of the application the eligible part-time student or the student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to income support or housing benefit;

(ii) under Part II of the Jobseekers (Northern Ireland) Order 1995 to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950 to training allowance or training premium;

(iii) under Article 30A of the Rates (Northern Ireland) Order 1977 to rates relief; or

(iv) under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance;

the maximum amount of assistance available under regulation 129(1) is payable.

(b) where the relevant income is less than £16,510, the maximum amount of assistance available under regulation 129(1) is payable;

(c) where the relevant income is £16,510, the maximum amount of assistance available under regulation 129(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 129(1)(a);

(d) where the relevant income exceeds £16,510 but is less than £24,915, the maximum amount of assistance available under regulation 129(1)(b) is payable and the amount of assistance payable under regulation 129(1)(a) is the amount determined in accordance with paragraph (6);

(e) where the relevant income is £24,915, the maximum amount of assistance available under regulation 129(1)(b) is payable and the amount of assistance payable under regulation 129(1)(a) is £50;

(f) where the relevant income exceeds £24,915 but is less than £25,510, the maximum amount of assistance available under regulation 129(1)(b) is payable and no assistance is payable under regulation 129(1)(a);

(g) where the relevant income is £25,510 or more but less than £27,505, the amount of assistance payable under regulation 129(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 129(1)(b) £1 for every complete £9.50 by which the relevant income exceeds £25,510, and no assistance is payable under regulation 129(1)(a);

(h) where the relevant income is £27,505, the amount of assistance payable under regulation 129(1)(b) is £50, and no assistance is payable under regulation 129(1)(a);

(i) where the relevant income exceeds £27,505, no assistance is payable under regulation 129(1).

(6) Where paragraph (5)(d) applies, the amount of assistance payable under regulation 129(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 129(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £11.92, £9.66 or £7.57 by which the relevant income exceeds £16,510 according to whether the intensity of study is level 1, 2 or 3, respectively; or

(b) where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 129(1)(a) is payable).

Interpretation of regulation 130

131

(1) For the purposes of regulation 130—

(a) subject to sub-paragraph (b), “partner” means any of the following—

(i) the spouse of an eligible part-time student;

(ii) the civil partner of an eligible part-time student;

(iii) a person ordinarily living with an eligible part-time student as if the person were the student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005;

(iv) a person ordinarily living with an eligible part-time student as if the person were the student’s spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005;

(b) a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if—

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

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

(2) Subject to paragraph (3), an eligible part-time student’s relevant income is equal to the student’s financial resources in the preceding financial year less—

(i) £2,000 in respect of the student’s partner;

(ii) £2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and

(iii) £1,000 in respect of each other child who is dependent on the student or the student’s partner.

(3) Where the Department is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year.

(4) In this regulation—

(a) “child” in relation to an eligible part-time student includes any child of the student’s partner and any child for whom the student has parental responsibility;

(b) “current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance;

(d) “financial year” means the period of twelve months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;

(e) “financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner;

(f) “income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002;

(g) “preceding financial year” means the financial year immediately preceding the current financial year;

(h) “specified designated part-time course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Department from a part-time course (the “initial course”) in connection with which the Department determined the student to be an eligible part-time student pursuant to regulations made under Article 3 of the Order, the specified designated part-time course means the initial course.

Assistance with fees in respect of attendance on a course in England, Wales or Scotland

132

(1) The Department may pay support to assist with fees to an eligible part-time student in connection with the student’s attendance on a designated part-time course in England, Wales or Scotland.

(2) The assistance paid under paragraph (1) must not exceed the lesser of—

(a) the maximum amount of assistance that would have been payable to the eligible part-time student under regulation 129(1)(a) had the student been undertaking the course in Northern Ireland; and

(b) the maximum amount of support to assist with fees that in the opinion of the Department would have been payable according to whether the student attends the designated part-time course in England, Wales or Scotland—

(i) pursuant to regulations made by the Secretary of State for Innovation, Universities and Skills under section 22 of the 1998 Act had he been ordinarily resident in England and undertaking the part-time course in England;

(ii) pursuant to regulations made by the Welsh Ministers or the National Assembly for Wales under section 22 of the 1998 Act had the student been ordinarily resident in Wales and undertaking the part-time course in Wales; or

(iii) from funds of the Scottish Further and Higher Education Funding Council[^f00067] had the student been ordinarily resident in Scotland and undertaking the part-time course in Scotland.

Disabled part-time students’ allowance

133

(1) An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated part-time course.

(2) An eligible part-time student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.

(3) An eligible part-time student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated part-time course in the United Kingdom.

(4) Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.

(5) The amount of the grant under this regulation must not exceed—

(a) £15,390 in respect of an academic year for expenditure on a non-medical personal helper;

(b) £5,161 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 for the purpose of attending the institution;

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

(d) £1,293 in respect of an academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraph (a) or (b) which exceeds the specified maxima.

Applications for support

134

(1) A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Department an application in such form as the Department may require.

(2) The application must be accompanied by—

(a) a declaration under regulation 135 completed by the academic authority; and

(b) such additional documentation as the Department may require.

(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any.

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

(5) The general rule is that the application must reach the Department not later than the end of the sixth month beginning with the first day of the academic year of the course in respect of which it is submitted.

(6) The general rule does not apply where—

(a) one of the events listed in paragraph (3) of regulation 126 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the sixth month beginning with the day on which the relevant event occurred;

(b) the applicant is applying for the disabled part-time students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or

(c) the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies.

Declarations provided by academic authorities

135

(1) Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support.

(2) An academic authority is not required to complete a declaration if it is unable to give the confirmation required.

(3) In this Part, “declaration” means—

(a) where the applicant is applying for support in connection with the designated part-time course for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated part-time course;

(b) in any other case, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support.

(4) In this regulation, “course information” means—

(a) the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support;

(b) the intensity of study;

(i) the course to be a designated part-time course;

(ii) that it will be possible for the applicant to complete the course within the period specified in regulation 127(1)(c).

(5) For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to—

(a) any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 127(1)(c);

(b) any parts of the course which the applicant has been required to repeat.

Information

136

Schedule 4 deals with the provision of information.

Transfer of status

137

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

(a) the Department receives a request from the eligible part-time student to do so;

(b) the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer are—

(a) the eligible part-time student starts to undertake another designated part-time course at the institution;

(b) the eligible part-time student starts to undertake a designated part-time course at another institution; or

(c) after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution.

(3) Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.

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

(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 129(1)(b) or regulation 133 in connection with the academic year of the course to which the student transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of assistance under regulation 129(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 130.

Conversion of status

138

(1) Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where—

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

(b) the period of eligibility has not terminated.

(2) Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 127(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated course from which the student transfers.

(3) The following applies to a student (“A”) who transfers under paragraph (1)—

(a) where the Department has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student;

(b) the maximum amount of disabled part-time students’ allowance to which A would, apart from this regulation, be entitled in connection with A undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student during the second quarter of the academic year and by two thirds where A became such a student in a later quarter of that year;

(c) where an amount of disabled students’ allowance for any purpose has been paid to A under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to A for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which A was entitled, A may apply for such a loan or such additional amount of loan as if A had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4) Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

(5) Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which the student is transferring where—

(a) the Department receives a request from the eligible distance learning student to do so; and

(b) the period of eligibility has not terminated.

(6) Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 127(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

(7) Subject to paragraph (8), a student who transfers under paragraph (5) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under Part 11 in respect of the academic year of the designated distance learning course from which the student transfers.

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

(9) An eligible student who transfers under paragraph (5) after the Department has determined the student’s support in connection with the academic year of the distance learning course from which the student is transferring but before the student completes that year—

(a) may not apply for a grant under regulation 129(1)(b) if the student has already applied for a grant under regulation 112(1)(b);

(b) may not apply for a grant under regulation 133 if the student has already applied for a grant under regulation 115.

(10) Where a student transfers under paragraph (5), the total amount of assistance paid to the student under regulations 112(1)(a) and 129(1)(a) in respect of—

(a) the academic year from which the student transfers; and

(b) the academic year to which the student transfers;

must not exceed the amount of support determined to be payable to the student under regulation 112(1)(a).

(11) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where—

(a) the Department receives a request from the eligible part-time student to do so; and

(b) the period of eligibility has not terminated.

(12) The following applies to a student who transfers under paragraph (11)—

(a) where the Department has determined to pay an amount of disabled part-time students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b) any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6;

(c) the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and

(d) where an amount of disabled part-time students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to the student under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled part-time students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

(13) Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which the student is transferring where—

(a) the Department receives a request from the eligible part-time student to do so; and

(b) the period of eligibility has not terminated.

(14) Subject to paragraph (15), a student who transfers under paragraph (13) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers.

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

(16) An eligible student who transfers under paragraph (13) after the Department has determined the student’s support in connection with the academic year of the part-time course from which the student is transferring but before the student completes that year—

(a) may not apply for a grant under regulation 112(1)(b) if the student has already applied for a grant under regulation 129(1)(b);

(b) may not apply for a grant under regulation 115 if the student has already applied for a grant under regulation 133.

(17) Where a student transfers under paragraph (13), the total amount of assistance paid to the student under regulations 112(1)(a) and 129(1)(a) in respect of—

(a) the academic year from which the student transfers; and

(b) the academic year to which the student transfers;

must not exceed the maximum amount of support determined to be payable to the student under regulation 112(1)(a).

Payment of grants for books, travel and other expenditure and disabled part-time students’ allowances

139

(1) Payments of the grant for books, travel and other expenditure and the disabled part-time students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible part-time student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(2) Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled part-time students’ allowance.

(3) The Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance in instalments.

(4) Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance at such times as the Department considers appropriate.

(5) The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students’ allowance before the Department has received a declaration under regulation 135 unless an exception applies.

(6) An exception applies if—

(a) a disabled part-time students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration;

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

Payment of grants for fees

140

(1) Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received.

(2) The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit.

(3) The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate.

Overpayments

141

(1) Any overpayment of a grant in respect of fees is recoverable by the Department from the academic authority.

(2) An eligible part-time student must, if so required by the Department, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.

(3) The Department must recover an overpayment of grant for books, travel and other expenditure and disabled part-time students’ allowance unless the Department considers that it is not appropriate to do so.

(4) The methods of recovery are—

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

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

(5) A payment of the disabled part-time students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.

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

(7) In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students’ allowance unless the Department decides otherwise.

(8) The circumstances are—

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

(b) the student’s period of eligibility terminates after the relevant date; and

(9) The circumstances are—

(a) the eligible part-time student’s period of eligibility terminates after the relevant date; and

(b) a payment of the disabled part-time students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated.

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

PART 13 — SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES

Eligible postgraduate students

142

(1) An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated postgraduate course.

(2) Subject to paragraph (4), a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student’s application for support the Department determines that the student satisfies the conditions in paragraph (3).

(3) The conditions are—

(a) the person falls within one of the categories set out in Part 2 of Schedule 2; and

(b) by reason of a disability to which the student is subject, the student will be obliged to incur additional expenditure in respect of undertaking the course.

(4) A person (“A”) is not an eligible postgraduate student if—

(a) there has been made to, or paid to, A in connection with the course—

(i) a healthcare bursary;

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;

(iii) any allowance, bursary or award of similar description made by a Research Council;

(iv) any allowance, bursary or award of similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability; or

(v) any allowance, bursary or award of similar description made under section 14(4)(a) of the Health and Personal Social Services Act (Northern Ireland) 2001[^f00068] which includes payment for meeting additional expenditure incurred by A by reason of A’s disability;

(b) A is in breach of an obligation to repay any loan;

(c) A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or

(d) A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support.

(5) For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation.

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 9.

(8) An eligible postgraduate student does not qualify for a grant under this Part unless the Department considers that the student is undertaking the course in the United Kingdom.

(9) Subject to paragraphs (12) to (14), if a person satisfies the conditions in paragraph (3)(b) and in paragraph (10) or (11)—

(a) paragraphs (3)(a) and (4) do not apply to that person; and

(b) the person is an eligible postgraduate student for the purposes of this Part.

(10) The conditions are—

(a) the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Department under Article 3 of the Order; and

(b) the person’s status as an eligible postgraduate student has not terminated.

(11) The conditions are—

(a) the Department has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course;

(b) the student’s status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and

(12) Where—

(a) the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13) Where—

(a) the Department determined that, by virtue of being a person with leave to enter or remain or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and

(b) as at the day before the academic year in respect of which A is applying for support, the period for which the person with leave to enter or remain is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002),

A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(14) Paragraphs (12) and (13) do not apply where A began the course in connection with which the Department determined that A was an eligible postgraduate student before 1st September 2007.

(15) An eligible postgraduate student may not, at any one time, qualify for support for—

(a) more than one designated postgraduate course;

(b) a designated postgraduate course and a designated distance learning course;

(d) a designated postgraduate course and a designated part-time course.

Students becoming eligible in the course of an academic year

143

(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 grant under this Part in respect of that academic year in accordance with this Part; and

(b) a grant of the kind available under this Part is not available in respect of any academic year beginning before the academic year in which the relevant event occurred.

(2) The events are—

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

(b) the student or the student’s spouse, civil partner or 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 (as defined in Part 1 of Schedule 2);

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

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

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

Designated postgraduate courses

144

(1) A postgraduate course is designated for the purposes of Article 3(1) of the Order and regulation 142 if—

(a) it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required;

(b) it is a course—

(i) of at least one academic year’s duration; and

(ii) in the case of a part-time course, it is ordinarily possible to complete the course in not more than twice the period ordinarily required to complete the full-time equivalent;

(c) it is wholly provided by a publicly funded educational institution or institutions in the United Kingdom or provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and

(d) it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme.

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

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

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

(c) an institution is not to be regarded as publicly funded by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992[^f00069].

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

(a) “full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question;

(b) “period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent;

(i) to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question;

(ii) not to have been excused any part of the full-time equivalent;

(iii) not to have repeated any part of the full-time equivalent; and

(iv) not to be absent from the full-time equivalent other than during vacations.

(4) For the purposes of Article 3 of the Order and regulation 142, the Department may designate courses of higher education which are not designated under paragraph (1).

Period of eligibility

145

(1) A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until the status is terminated in accordance with this regulation and regulation 142.

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

(3) Subject to the following paragraphs and regulation 142, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course.

(4) The period of eligibility terminates when the eligible postgraduate student—

(a) withdraws from the designated postgraduate course in circumstances where the Department has not transferred or will not transfer the student’s status as an eligible postgraduate student to another course under regulation 146; or

(b) abandons or is expelled from the designated postgraduate course.

(5) Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the relevant academic year where the student cannot complete the course within the period specified in regulation 144(1)(b)(ii).

(6) For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 144(1)(b)(ii).

(7) The Department may terminate the period of eligibility where the eligible postgraduate student (“A”) has shown by A’s conduct that A is unfitted to receive support.

(8) If the Department is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances—

(a) terminate the period of eligibility;

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

(9) Where the period of eligibility terminates—

(a) before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and

(b) otherwise than under paragraph (5),

the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.

Transfer of status

146

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

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

(b) the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and

(2) The grounds for transfer are—

(a) on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or

(b) the eligible postgraduate student starts to undertake a designated postgraduate course at another institution.

(3) Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers.

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

(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the student transfers.

Applications for support

147

(1) A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require.

(2) The application must reach the Department as soon as is reasonably practicable.

(3) The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any.

(4) The Department must notify the applicant—

(a) whether the applicant qualifies for a grant;

(b) if the applicant does qualify, the amount payable in respect of the academic year, if any; and

Information

148

Schedule 4 deals with the provision of information.

Amount of grant

149

(1) Subject to paragraph (2), the grant under this Part is such amount as the Department considers appropriate to assist with one or more types of eligible expenditure.

(2) The grant must not exceed £10,260 in respect of an academic year.

(3) For the purposes of this Part, the “types of eligible expenditure” are—

(a) expenditure on a non-medical helper;

(b) expenditure on major items of specialist equipment; and

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

(ii) within or outside the United Kingdom for the purpose of attending, as part of the course, any period of study at an overseas institution or for the purposes of attending the Institute.

Payment of grant

150

(1) The Department may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as the Department considers appropriate and in the exercise of the Department’s functions under this Part the Department may make provisional payments pending the final calculation of the amount of grant for which the student qualifies.

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

Overpayments

151

(1) An eligible postgraduate student must, if so required by the Department, repay any amount paid to the student under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part.

(2) The Department must recover an overpayment of grant under this Part unless the Department considers it is not appropriate to do so.

(3) The methods of recovery are—

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

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

(4) A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.

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

(6) In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Department decides otherwise.

(7) The circumstances are—

(a) the Department applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the eligible postgraduate student;

(b) the student’s period of eligibility terminates after the relevant date; and

(8) The circumstances are—

(a) the eligible postgraduate student’s period of eligibility terminates; and

(b) a payment of grant under this Part in respect of specialist equipment is made to the student after the period of eligibility terminated.

(9) Where there is an overpayment of the grant under this Part, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so.

SCHEDULE 1 — AMENDMENT OF THE EDUCATION (STUDENT SUPPORT) (NORTHERN IRELAND) REGULATIONS 2008

1

The Education (Student Support) Regulations (Northern Ireland) 2008 are amended by paragraphs 2 to 12.

2

In regulation 4(5)(b) (Revocation, savings and transitional provisions) omit the word “was”.

3

(1) Regulation 5 (Eligible Students) is amended by sub-paragraphs (2) and (3).

(2) In paragraph (10)(a)(i) omit the word “or” and insert—

(iA) an eligible distance learning student in connection with a designated distance learning course; or

(3) In paragraph (10)(b) after “as an eligible part-time student”, insert “, as an eligible distance learning student”.

4

(1) Regulation 18 (Availability of fee loans to current system students – general) is amended by sub-paragraphs (2) and (3).

(2) In paragraph (9) for “paragraph (7)” substitute “paragraph (8)” and for “paragraph (5)” substitute paragraph (6)”.

(3) In paragraph (12) for “paragraph (7)” substitute “paragraph (8)”.

5

In regulation 63(2)(b) (Qualifying conditions for the loan for living costs – current system students) for “in the United Kingdom” substitute “at an institution in Northern Ireland”.

6

In regulation 64(3)(b) (Qualifying conditions for the loan for living costs – old system students) for “in the United Kingdom” substitute “at an institution in Northern Ireland”.

7

(1) Regulation 70 (Long courses loan) is amended by sub-paragraphs (2) to (7).

(2) For the Chapter Heading above regulation 70 “LONG COURSES LOAN” substitute “ADDITIONAL AMOUNT OF LOAN FOR LIVING COSTS”.

(3) For the heading to regulation 70 “Long courses Loan” substitute “Additional amount of loan for living costs”.

(4) In paragraph (1) for “a long courses loan” substitute “an additional amount of loan for living costs”.

(5) In paragraph (2) for “amount of the long courses loan” substitute “additional amount of loan for living costs”.

(6) After paragraph (5) insert—

(5A) 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 £53; or (b) for a student in Category D, by £81.

(7) In paragraph (6) for “amount of long courses loan” substitute “additional amount of loan for living costs”.

8

In regulation 97 (Payment of grants for living and other costs), after paragraph (7) insert—

(7A) – (1) Subject to paragraph (7C), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day. (7B) Paragraph (7A) does not apply in respect of disabled student’s allowance. (7C) In deciding whether it would be appropriate for support to be due under paragraph (7A) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

9

In regulation 103 (Payment of loans for living costs and additional amount of loan for living costs), after paragraph (8) insert—

(8A) Subject to paragraph (8B), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day. (8B) In deciding whether it would be appropriate for support to be due under paragraph (8A) the circumstances to which the Department must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

10

(1) Regulation 113 (Amount of support) is amended by sub-paragraphs (2) to (4).

(2) In paragraph (1)(a)(i) omit the word “or”.

(3) In paragraph (1)(a)(ii) omit the word “or”.

(4) In paragraph (1)(a)(iii) after the words “rates relief;” insert—

or (iv) under Part 1 of the Welfare Reform Act (Northern Ireland) 2007[^f00070] to an income- related employment and support allowance;

11

(1) Regulation 125 (Eligible part-time students) is amended by sub-paragraphs (2) to (4).

(2) In paragraph (9)(a)(i) omit the word “or” and insert—

(iA) an eligible distance learning student in connection with a designated distance learning course other than the current designated distance learning course; or

(3) In paragraph (9)(b) after “as an eligible student”, insert “, as an eligible distance learning student”.

(4) In paragraph (12) for “1st September 2008” substitute “1st September 2007”.

12

(1) Regulation 130 (Amount of assistance) is amended by sub-paragraphs (2) to (4).

(2) In paragraph (5)(a)(i) omit the word “or”.

(3) In paragraph (5)(a)(ii) omit the word “or”.

(4) In paragraph 5(a)(iii) after the words “rates relief;” insert—

or (iv) under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income- related employment and support allowance;

SCHEDULE 2 — ELIGIBLE STUDENTS

PART 1 — Interpretation

1

(1) For the purposes of this Schedule—

“EEA frontier self-employed person” means an EEA national who—is a self-employed person in Northern Ireland; andresides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA frontier worker” means an EEA national who—is a worker in Northern Ireland; andresides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“EEA migrant worker” means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

“EEA national” means a national of an EEA State other than the United Kingdom;

“EEA self-employed person” means an EEA national who is a self-employed person, other than an EEA frontier self-employed person, in the United Kingdom;

“employed person” means an employed person within the meaning of Annex 1 to the Swiss Agreement;

“European Economic Area” means the area comprised by the EEA States;

“family member” unless otherwise indicated, means—in relation to an EEA frontier worker, an EEA migrant worker, an EEA frontier self-employed person or an EEA self-employed person—that person’s spouse or civil partner;that person’s child or the child of their spouse or civil partner; ordependent direct relatives in the ascending line of that person or that of the person’s spouse or civil partner;in relation to a Swiss employed person, a Swiss frontier employed person, a Swiss frontier self-employed person or a Swiss self-employed person—that person’s spouse or civil partner; orthat person’s child or the child of that person’s spouse or civil partner;in relation to an EC national who falls within the meaning of article 7(1)(c) of Directive 2004/38—that person’s spouse or civil partner; ordirect descendants of the person or of the person’s spouse or civil partner who are—under the age of 21; ordependants of the person or the person’s spouse or civil partner;in relation to an EC national who falls within the meaning of article 7(1)(b) of Directive 2004/38—that person’s spouse or civil partner;direct descendants of the person or of the person’s spouse or civil partner who are—under the age of 21; ordependents of the person or the person’s spouse or civil partner; ordependent direct relatives in the person’s ascending line or that of the person’s spouse or civil partner;in relation to a United Kingdom national, for the purposes of paragraph 9—the person’s spouse or civil partner; ordirect descendants of the person or the person’s spouse or civil partner who are—under the age of 21; ordependants of the person or the person’s spouse or civil partner;

“self-employed person” means—in relation to an EEA national, a person who is self-employed within the meaning of article 7 of Directive 2004/38 or the EEA Agreement, as the case may be; orin relation to a Swiss national, a person who is a self-employed person within the meaning of Annex 1 to the Swiss Agreement;

“settled” has the meaning given by section 33(2A) of the Immigration Act 1971[^f00071];

“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999[^f00072] and which came into force on 1st June 2002;

“Swiss employed person” means a Swiss national who is an employed person, other than a Swiss frontier employed person, in the United Kingdom;

“Swiss frontier employed person” means a Swiss national who—is an employed person in Northern Ireland; andresides in Switzerland or in the territory of an EEA State other than the United Kingdom and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss frontier self-employed person” means a Swiss national who—is a self-employed person in Northern Ireland; andresides in Switzerland or in the territory of an EEA State, other than the United Kingdom, and returns to the national’s residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

“Swiss self-employed person” means a Swiss national who is a self-employed person, other than a Swiss frontier self-employed person, in the United Kingdom

“worker” means a worker within the meaning of article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

(2) For the purposes of this Schedule, “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child and “child” is to be construed accordingly.

(3) For the purposes of this Schedule, a person who is ordinarily resident in Northern Ireland, England, Wales, Scotland or the Islands, as a result of having moved from another of those areas for the purpose of undertaking—

(a) the current course; or

(b) a course which, disregarding any intervening vacation, the person undertook immediately before undertaking the current course,

is to be considered to be ordinarily resident in the place from which the person moved.

(4) For the purposes of this Schedule, a person (“A”) is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if A would have been so resident but for the fact that—

(a) A;

(b) A’s spouse or civil partner;

(d) in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed outside the area in question.

(5) For the purposes of sub-paragraph (4), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces; and

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside of the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

(6) For the purposes of this Schedule an area which —

(a) was previously not part of the European Community or the European Economic Area; but

(b) at any time before or after these Regulations come into operation has become part of one or other or both of these areas,

is to be considered to have always been a part of the European Economic Area.

PART 2 — Categories

Persons who are settled in the United Kingdom

2

(1) A person who on the first day of the first academic year of the course—

(a) is settled in the United Kingdom other than by reason of having acquired the right of permanent residence;

(b) is ordinarily resident in Northern Ireland;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose residence in the United Kingdom and Islands has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the United Kingdom and Islands in accordance with paragraph 1(4).

3

A person who—

(a) is settled in the United Kingdom by virtue of having acquired the right of permanent residence;

(b) is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(c) has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Refugees and their family members

4

(1) A person—

(a) who is a refugee;

(b) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since the student was recognised as a refugee; and

(2) A person—

(a) who is the spouse or civil partner of a refugee;

(b) who was the spouse or civil partner of the refugee on the date on which the refugee made the application for asylum;

(c) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(d) who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a refugee or the child of the spouse or civil partner of a refugee;

(b) who, on the date on which the refugee made the application for asylum, was the child of the refugee or the child of a person who was the spouse or civil partner of the refugee on that date;

(d) who is ordinarily resident in the United Kingdom and Islands and has not ceased to be so resident since being given leave to enter or remain in the United Kingdom; and

(e) who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course.

Persons with leave to enter or remain and their family members

5

(1) A person—

(a) with leave to enter or remain;

(b) who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and

(c) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(2) A person—

(a) who is the spouse or civil partner of a person with leave to enter or remain;

(b) who was the spouse or civil partner of the person with leave to enter or remain on the date on which that person made the application for asylum;

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

(3) A person—

(a) who is the child of a person with leave to enter or remain or the child of the spouse or civil partner of a person with leave to enter or remain;

(b) who, on the date on which the person with leave to enter or remain made the application for asylum, was the child of that person or the child of a person who was the spouse or civil partner of the person with leave to enter or remain on that date;

(d) who is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and

(e) who has been ordinarily resident in the United Kingdom and Islands throughout the three-year period preceding the first day of the first academic year of the course.

Workers, employed persons, self-employed persons and their family members

6

(1) A person who—

(a) is—

(i) an EEA migrant worker or an EEA self-employed person;

(ii) a Swiss employed person or a Swiss self-employed person;

(iii) a family member of a person mentioned in paragraph (i) or (ii);

(iv) an EEA frontier worker or an EEA frontier self-employed person;

(v) a Swiss frontier employed person or a Swiss frontier self-employed person; or

(vi) a family member of a person mentioned in paragraph (iv) or (v);

(b) subject to sub-paragraph (2), is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course.

(2) Paragraph (b) of sub-paragraph (1) does not apply where the person applying for support falls within paragraph (a)(iv), (v) or (vi) of sub-paragraph (1).

7

A person who—

(a) is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(b) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(c) is entitled to support by virtue of Article 12 of Council Regulation (EEC) No. 1612/68 on the freedom of movement of workers[^f00073], as extended by the EEA Agreement.

Persons who are settled in the United Kingdom and have exercised a right of residence elsewhere

8

(1) A person who—

(a) is settled in the United Kingdom;

(b) was ordinarily resident in Northern Ireland and settled in the United Kingdom immediately before leaving the United Kingdom and who has exercised a right of residence;

(c) is ordinarily resident in the United Kingdom on the day on which the first term of the first academic year actually begins;

(d) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(e) in a case where the person’s ordinary residence referred to in paragraph (d) was wholly or mainly for the purposes of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (d).

(2) For the purposes of this paragraph, a person has exercised a right of residence if that person is a United Kingdom national, a family member of a United Kingdom national for the purposes of Article 7 of Directive 2004/38 (or corresponding purposes under the EEA Agreement or Swiss Agreement) or a person who has a right of permanent residence who in each case has exercised a right under Article 7 of Directive 2004/38 or any equivalent right under the EEA Agreement or Swiss Agreement in a state other than the United Kingdom or, in the case of a person who is settled in the United Kingdom and has a right of permanent residence, if the person goes to the state within the territory comprising the European Economic Area and Switzerland of which the person is a national or of which the person in relation to whom the person is a family member is a national.

EC nationals

9

(1) A person who—

(a) is either—

(i) an EC national on the first day of the first academic year of the course; or

(ii) a family member of a such a person;

(b) is—

(i) attending a designated course in Northern Ireland; or

(ii) undertaking a compressed degree course, designated part-time course or a designated postgraduate course in Northern Ireland;

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) subject to sub-paragraph (2), whose ordinary residence in the territory comprising the European Economic Area and Switzerland has not during any part of the period referred to in paragraph (c) been wholly or mainly for the purpose of receiving full-time education.

(2) Paragraph (d) of sub-paragraph (1) does not apply to a person who is treated as being ordinarily resident in the territory comprising the European Economic Area and Switzerland in accordance with paragraph 1(4).

(3) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state or the family member of a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national on the first day of the first academic year of the course is treated as being satisfied.

10

(1) A person who—

(a) is an EC national other than a United Kingdom national on the first day of the first academic year of the course;

(b) is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(c) 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; and

(d) in a case where his ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately prior to the period of ordinary residence referred to in paragraph (c).

(2) Where a state accedes to the European Community after the first day of the first academic year of the course and a person is a national of that state, the requirement in paragraph (a) of sub-paragraph (1) to be an EC national other than a United Kingdom national on the first day of the first academic year of the course is treated as being satisfied.

Children of Swiss nationals

11

A person who—

(a) is the child of a Swiss national who is entitled to support in the United Kingdom by virtue of article 3(6) of Annex 1 to the Swiss Agreement;

(b) is ordinarily resident in Northern Ireland on the first day of the first academic year of the course;

(c) has been ordinarily resident in the territory comprising the European Economic Area and Switzerland throughout the three-year period preceding the first day of the first academic year of the course; and

(d) in a case where the person’s ordinary residence referred to in paragraph (c) was wholly or mainly for the purpose of receiving full-time education, was ordinarily resident in the territory comprising the European Economic Area and Switzerland immediately before the period of ordinary residence referred to in paragraph (c).

Children of Turkish workers

12

A person who—

(a) is the child of a Turkish worker;

(b) is ordinarily resident in Northern Ireland on the first day of the first academic year of the course; and

(c) has been ordinarily resident in the territory comprising the European Economic Area, Switzerland and Turkey throughout the three-year period preceding the first day of the first academic year of the course.

SCHEDULE 3 — DESIGNATED COURSES

1

A first degree course.

2

A course for the Diploma of Higher Education.

3

A course for the Higher National Diploma or Higher National Certificate of—

(a) the Business & Technician Education Council; or

(b) the Scottish Qualifications Authority.

4

A course for the Certificate of Higher Education.

5

A coursefor the initial training of teachers.

6

A course for the further training of youth and community workers.

7

A course in preparation for a professional examination of a standard higher than that of—

(a) examination at advanced level for the General Certificate of Education or the examination at higher level for the Scottish Certificate of Education; or

(b) the examination for the National Certificate or the National Diploma of either of the bodies mentioned in paragraph 3,

not being a course for entry to which a first degree (or equivalent qualification) is normally required.

8

A course—

(a) providing education (whether or not in preparation for an examination) the standard of which is higher than that of courses providing education in preparation for any of the examinations mentioned in paragraph 7(a) or (b) but not higher than that of a first degree course; and

(b) for entry to which a first degree (or equivalent qualification) is not normally required.

SCHEDULE 4 — INFORMATION

1

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must, as soon as reasonably practicable after being requested to do so, provide the Department with such information as the Department considers the Department requires for the purposes of these Regulations.

2

Every applicant, eligible student, eligible part-time student and eligible postgraduate student must forthwith inform the Department and provide the Department with particulars if any of the following occurs—

(a) the applicant or student withdraws from, abandons or is expelled from their course;

(b) the applicant or student transfers to any other course at the same or at a different institution;

(c) the applicant or student ceases to undertake the course and does not intend to or is not permitted to continue it for the remainder of the academic year;

(d) the applicant or student is absent from the course for more than 60 days due to illness or for any period for any other reason;

(e) the month for the start or completion of the course changes;

(f) the applicant or student’s home or term-time address or telephone number changes.

3

Information provided to the Department pursuant to these Regulations must be in the format that the Department requires and, if the Department requires the information to be signed by the person providing it, an electronic signature in such form as it may specify satisfies such a requirement.

SCHEDULE 5 — FINANCIAL ASSESSMENT

Definitions

1

(1) In this Schedule:—

(a) “existing student” means an eligible student who is not a new eligible student;

(b) “financial year” means the period of twelve months in respect of which the income of a person whose residual income is calculated under the provisions of this Schedule is computed for the purposes of the income tax legislation which applies to it;

(d) “independent eligible student” has the meaning given in paragraph 2;

(e) “Member State” means a Member State of the European Union;

(f) “new eligible student” means an eligible student who begins a specified designated course on or after 1st September 2004;

(g) “parent” means a natural or adoptive parent and “child”, “mother” and “father” are to be construed accordingly;

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