The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

Made: 18th November 2009

Coming into operation-: 17th December 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, commencement and application

1

• (1) These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 and come into operation on 17th December 2009.

• (2) 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 2010 whether anything done under these Regulations is done before, on or after 1st September 2010.

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 2017 Act” means the Higher Education and Research Act 2017;

• “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];

• “the 2009 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2009[^f00021];

• the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;

• “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—where the course begins before 1st August 2019, 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; orwhere the course begins on or after 1st August 2019, a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award;

• “accredited institution” means an institution accredited by the Secretary of State for Education in England under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003;

• “approved provider” and “approved (fee cap) provider” mean registered providers in England included in the approved and approved (fee cap) categories of the register respectively;

• “authority-funded” means—in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department or the Department for Agriculture and Rural Development;...in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Councils for Wales; andin relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council;

• “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 apply for a healthcare bursary ..., the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount;

• ...

• “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 2010; orbegins the course on or after 1st September 2010; 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 87 and Schedule 5;

• “course designation event” has the meaning given in regulation 2A(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;

• “the course start date” means the day on which the first term of the first academic year of a course actually begins;

• “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—began the current course on or after 1st September 2006 and continued on that course after 31st August 2010;began the current course on or after 1st September 2010; orwhere the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013 or where the course mentioned in paragraph (iii) is an end-on course following on from a course that the student began before 1st September 2013 at any such institution;

• “Department” means the Department for the Economy;

• “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 107;

• “designated Master’s, etc. course” means a course designated by regulation 152 or by the Department under regulation 152;

• “designated part-time course” means a course designated by regulation 124 or by the Department under regulation 124;

• “designated postgraduate course” means a course designated by regulation 141 or by the Department under regulation 141;

• “disabled distance learning students’ allowance” means the grant payable under regulation 112;

• “disabled part-time students’ allowance” means the grant payable under regulation 130;

• “disabled postgraduate students’ allowance” means the grant payable under Part 12;

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

• “distance learning designation event” has the meaning given in regulation 2A(6);

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

• “Directive 2004/38” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004[^f00022] on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States;

• " EU 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 105;

• “eligible Master’s, etc. student” has the meaning given in regulation 149;

• “eligible part-time student” has the meaning given in regulation 122;

• “eligible postgraduate student” has the meaning given in regulation 139;

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

• “employment-based teacher training scheme” means—a scheme established by the Secretary of State for Business, Innovation 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, 2008 or 2009 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, 2008 or 2009 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 full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification .

• “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 where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 6(1)(e) and—...where the course ...is provided by an institution in Northern Ireland ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); orwhere the course ...is provided by an institution in England , Scotland or Wales —at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); andeither—in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; orin respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks;

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

• ...

• “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 ... student contribution charge ;

• “fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order, ... , a fee loan or a relevant institution charge 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 [^f00005] where the course began—before 1st September 2010; oron or after 1st September 2010 but before 1st September 2012 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; orthe Secretary of State for Business, Innovation and Skills, where the course began on or after 1st September 2012 and the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010;

• “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;

• ...

• ...

• graduate entry course” means a “graduate entry dentistry course”, “graduate entry medicine course”, “graduate entry social work course” or a “graduate entry veterinary course”.

• “graduate entry dentistry course” means a course—the standard of which is not higher than a first degree which leads to qualification as a dentist, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

• “graduate entry medicine course” means a course—the standard of which is not higher than a first degree which leads to qualification as a medical doctor, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

• “graduate entry social work course” means a course—the standard of which is not higher than a first degree which leads to qualification as a social worker, andwhere a first degree or equivalent qualification would normally be required for entry to the course.

• “graduate entry veterinary course” means a course—the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, andwhere a first degree or equivalent qualification would normally be required for entry to the course;

• “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[^f00025] or section 63 of the Health Services and Public Health Act 1968[^f00026];

• “high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act;

• “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;

• “immigration rules” has the meaning given in section 33(1) of the Immigration Act 1971;

• “information” includes documents;

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