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

Type Ni-Statutory-Rule

Publication 2009-11-18

Last updated 2026-04-10

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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[^key-ede66b74899a261fcf167fdb37a5b3bf]: Sum in reg. 91(1)(d) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-51ac173e1ce4c92e92e9632eb12e686c]: Sum in reg. 91(2)(a) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-fb27f005178a7c296e56c4528006c925]: Sum in reg. 91(2)(b) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-bd3d275135a92d19bddf640e36152528]: Sum in reg. 91(2)(c) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-50b3d27901ebdeb958e114f01e71aa4c]: Sum in reg. 91(2)(d) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-23a5f04861463ad0bfbe4ed495719615]: Sum in reg. 69(1)(a)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-21f70c065f374f326fd2177a4770bdb7]: Sum in reg. 69(1)(a)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-53f583ee20e4041a7ad15a5fa53e8722]: Sum in reg. 69(1)(a)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-7ed208e46f82619431b9b3c1bf6a1d57]: Sum in reg. 69(1)(b)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-fb8968b6df73a13a680d13e467335ab9]: Sum in reg. 69(1)(b)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-d5191416b3387d8cebf5d30b38c1275d]: Sum in reg. 69(1)(b)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-01332e885da7cb90d7ea8957aecdbd6a]: Sum in reg. 69(1)(b)(iv) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-987c2834d68cbe8bf00a6069f6d447d4]: Sum in reg. 69(1)(c)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-ebcbcff5c3843c74f2f9c773fbdcbcdf]: Sum in reg. 69(1)(c)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-3cbfb443564c874a2a1c05ec67bab53d]: Sum in reg. 69(1)(c)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-c16395244bc68a047cf5b60a2b1c0906]: Sum in reg. 69(1)(c)(iv) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-0a6153da1e39666158f182371bea2fb4]: Sum in reg. 69(2)(a)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-9f98624e541054256e72b7a1370f7941]: Sum in reg. 69(2)(a)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-ca2a4c5d4ecaf72ec0ea20360d2dc746]: Sum in reg. 69(2)(a)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-9a9e63335229be1676b5d304e4eaf0b8]: Sum in reg. 69(2)(b)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-1567d680b7c8e495ab1c8850dce34e2d]: Sum in reg. 69(2)(b)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-ec4cc40f0a089e370a597d9ed951e4b0]: Sum in reg. 69(2)(b)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-d645fe025f2fc6845f48dcf299e419f8]: Sum in reg. 69(2)(b)(iv) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-3741305622bd90da5a6d0b453e7a13e5]: Sum in reg. 69(2)(c)(i) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-ae0a1151052f9d847eac688ce0d660ef]: Sum in reg. 69(2)(c)(ii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-f3614b69f1c000d2e062ab987375bf2c]: Sum in reg. 69(2)(c)(iii) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-15c48da1ea9f9aa7b81adcb633358c84]: Sum in reg. 69(2)(c)(iv) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-45022434e2730df8e33ac50fee4bf7ee]: Sum in reg. 69(3)(a) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

[^key-38ecbc98891c85a5a522314b225a5a37]: Sum in reg. 69(3)(b) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(b)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 7, Sch.

Payment of fee contribution loans

99A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of college fee loans

Payment of loans for living costs and long courses loans

50A

(1) Subject to paragraphs (2) and (3), a grant for travel is payable in respect of the four quarters of the academic year.

(2) Where a protected category event which results in a student becoming an eligible student occurs—

(a) in the course of the first academic year of a course; and

(b) on or before the course start date,

the student may qualify for a grant for travel in respect of the four quarters of the first academic year of the course.

(3) Where—

(a) a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or

(b) an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year,

the student may qualify for a grant for travel in respect of such quarters of the academic year as begin after the event in question occurs.

Amount of relevant institution charge loan

25A

(1) The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year.

(2) Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

(3) The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs[^f00005] for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan.

(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers.

(5) The circumstances are—

(a) the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring.

(9) Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year.

(10) Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.

Amount of grant under regulation 109(1)(a) and (b)

Amount of the distance learning fee loan under regulation 109(1)(aa)

110A

(1) The maximum amount of distance learning fee loan in respect of an academic year of a designated distance learning course must not exceed the lesser of—

(a) £3,738.75; and

(b) the fees payable by the student in connection with that year.

(2) Subject to paragraphs (3) and (6), the distance learning fee loan to which an eligible distance learning student is entitled is calculated as follows—

$$DFC−DFG$where DFC is the amount determined in accordance with paragraph (1); DFG is the grant paid under regulation 109(1)(a), if any.$

(3) If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of distance learning fee loan in respect of the academic year of the course to which that student transfers.

(4) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the eligible distance learning student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the eligible distance learning student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible distance learning student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is determined by deducting the amount of any distance learning fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of—

(a) the amount specified in paragraph (1)(a); and

(b) the fees payable by the student in respect of the academic year to which the student is transferring,

minus any grant paid under regulation 109(1)(a) in respect of the academic year from which the student is transferring.

(6) If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a distance learning fee loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where the circumstances in paragraph (7) apply, the maximum amount of distance learning fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of—

(a) the amount specified in paragraph (1)(a); and

(b) the fees payable by the student in connection with that year;

minus any grant paid under regulation 109(1)(a) in connection with that year.

(9) Where an eligible distance learning student has applied for a distance learning fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2) or determined in accordance with paragraphs (5) or (8), whichever is applicable.

Interpretation of regulation 110

Disabled distance learning students’ allowance

Applications for support

Requirement to enter into a contract for a distance learning fee loan

113A

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

(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.

Declarations provided by academic authorities

Information

Information requirements

115A

(1) The Department may at any time request from an applicant or eligible distance learning student information that the Department considers is required to recover a distance learning fee loan.

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

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

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

(5) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of distance learning fee loan until the person provides what has been required.

Transfer of status

Conversion of status – eligible students transferring to designated distance learning courses

Conversion of status – eligible distance learning students transferring to designated courses

Provision of United Kingdom national insurance number

118A

(1) The Department may make it a condition of entitlement to payment of the distance learning fee loan or any instalment of the distance learning fee loan that the eligible distance learning student must provide the Department with the student’s United Kingdom national insurance number.

(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the distance learning fee loan or any instalment of the distance learning fee loan to the eligible distance learning student before the Department is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Department may make a payment of distance learning fee loan to an eligible distance learning student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible distance learning student having complied with the condition imposed under paragraph (1).

Payment of grants for fees

Payment of distance learning fee loan

119A

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

(2) The Department may pay the distance learning fee loan in instalments.

(3) The Department must not pay the distance learning fee loan or first instalment of the distance learning fee loan before the Department has received from the academic authority—

(a) a request for payment; and

(b) confirmation (in such form and at such times as may be required by the Department) of the student’s undertaking the designated distance learning course for the period to which the instalment relates.

(4) The academic authority must inform the Department when a student ceases to undertake the designated distance learning course during the academic year.

(5) No payment of distance learning fee loan or instalment of distance learning fee loan can be made in respect of a designated distance learning course once the academic authority has informed the Department that the student has ceased to undertake the course during the academic year.

(6) In this regulation, “confirmation of the student’s undertaking” means confirmation from the academic authority that the student—

(a) has enrolled for the academic year and has begun to undertake the course for that academic year, where the confirmation relates to payment of the distance learning fee loan or the first instalment of the distance learning fee loan for the academic year; or

(b) remains enrolled and continues to undertake the course, where the confirmation relates to payment of an instalment of the distance learning fee loan other than the first instalment.

Payment of grants for books, travel and other expenditure and disabled distance learning students’ allowance

Overpayment of grants and allowances

Overpayment of distance learning fee loan

121A

(1) Any overpayment of distance learning fee loan is recoverable by the Department from—

(a) the academic authority; or

(b) the student in respect of whom the payment of distance learning fee loan was made.

(2) A student must, if so required by the Department, repay any amount of distance learning fee loan paid in respect of the student which for whatever reason exceeds the amount of distance learning fee loan to which the student is entitled.

(3) An overpayment of a distance learning fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount on the distance learning fee loan which remains to be paid;

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

(c) by requiring the student to repay the distance learning fee loan in accordance with regulations made by the Department under Article 3 of the Order;

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

Amount of grant under regulation 126(1)(a) and (b)

Amount of the part-time fee loan under regulation 126(1)(aa)

127A

(1) The maximum amount of part-time fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of—

(a) £3,738.75; and

(b) the fees payable by the student in connection with that year.

(2) Subject to paragraphs (3) and (6), the part-time fee loan to which an eligible part-time student is entitled is calculated as follows—

$$FC−FG$where FC is the amount determined in accordance with paragraph (1); FG is the grant paid under regulation 126(1)(a), if any.$

(3) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of part-time fee loan in respect of the academic year of the course to which that student transfers.

(4) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the eligible part-time student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and

(b) the academic year of the course to which the eligible part time student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(5) Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible part-time student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is determined by deducting the amount of any part-time fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of—

(a) the amount specified in paragraph (1)(a); and

(b) the fees payable by the student in respect of the academic year to which the student is transferring,

minus any grant paid under regulation 126(1)(a) in respect of the academic year from which the student is transferring.

(6) If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a part-time fee loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where paragraph (7) applies, the maximum amount of part-time fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is the lesser of—

(a) the amount specified in paragraph (1)(a); and

(b) the fees payable by the student in connection with that year,

minus any grant paid under regulation 126(1)(a) in connection with that year.

(9) Where an eligible part-time student has applied for a part-time fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2), or determined in accordance with paragraphs (5) or (8), whichever is applicable.

Interpretation of regulation 127

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

Disabled part-time students’ allowance

Applications for support

Requirement to enter into a contract for a part-time fee loan

131A

(1) To receive a part-time fee loan, a student must enter into a contract with the Department.

(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.

Declarations provided by academic authorities

Information

Information requirements

133A

(1) The Department may at any time request from an applicant or eligible part-time student information that the Department considers is required to recover a part-time fee loan.

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

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

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

(5) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been required.

Transfer of status

Conversion of status

Provision of United Kingdom national insurance number

135A

(1) The Department may make it a condition of entitlement to payment of the part-time fee loan or any instalment of the part-time fee loan that the eligible part-time student must provide the Department with the student’s United Kingdom national insurance number.

(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the part-time fee loan or any instalment of the part-time fee loan to the eligible part-time student before the Department is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Department may make a payment of part-time fee loan to an eligible part-time student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible part-time student having complied with the condition imposed under paragraph (1).

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

Payment of grants for fees

Payment of Part-time fee loan

137A

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

(2) The Department may pay the part-time fee loan in instalments.

(3) The Department must not pay the part-time fee loan or first instalment of the part-time fee loan before the Department has received from the academic authority—

(a) a request for payment; and

(b) confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated part-time course for the period to which the instalment relates.

(4) The academic authority must inform the Department when a student’s intensity of study drops below 25% or where the student ceases to attend or undertake the designated part-time course during the academic year.

(5) No payment of part-time fee loan or instalment of part-time fee loan can be made in respect of a designated part time course once the academic authority has informed the Department that the student has ceased to attend or undertake the course during the academic year.

(6) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–

(a) has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the part-time fee loan or the first instalment of the part-time fee loan for the academic year; or

(b) remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the part-time fee loan other than the first instalment.

Overpayment of grants and allowances

Overpayment of Part-time fee loan

138A

(1) Any overpayment of part-time fee loan is recoverable by the Department from—

(a) the academic authority; or

(b) the student in respect of whom the payment of part-time fee loan was made.

(2) A student must, if so required by the Department, repay any amount of part-time fee loan paid in respect of the student which for whatever reason exceeds the amount of part-time fee loan to which the student is entitled.

(3) An overpayment of a part-time fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount on the part-time fee loan which remains to be paid;

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

(c) by requiring the student to repay the part-time fee loan in accordance with regulations made by the Department under Article 3 of the Order;

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

PART 13 — MASTER’S, ETC. FEE LOAN

Eligible Master’s, etc. Students

149

(1) An eligible Master’s, etc. student qualifies for a Master’s, etc. fee loan in connection with a designated Master’s, etc. course subject to and in accordance with this Part.

(2) Subject to the following provisions of this regulation, a person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or

(b) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated Master’s, etc. course beginning before 1st August 2021, the Department—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated Master’s, etc. course to which A’s status as an eligible Master’s, etc. student is transferred from that course in accordance with this Part.

(2B) In connection with a designated Master’s, etc. course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted.

(3) A person (“A”) is not an eligible Master’s, etc. student if—

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

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

(d) subject to paragraph (7), A is a prisoner;

(e) A is already enrolled on a designated Master’s, etc. course and is in receipt of a Master’s, etc. fee loan under this Part for such a course;

(f) subject to paragraph (16), A has previously received a Master’s, etc. fee loan under this Part.

(g) subject to paragraph (15), A has previously received—

(i) a Postgraduate Master’s Degree loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.; or

(ii) a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).

(4) A person (“A”) is not an eligible Master’s, etc. student if A is enrolled on a course which is—

(a) a designated course under regulation 6,

(b) a designated distance learning course under regulation 107, or

and is receiving support under these Regulations for such a course.

(5) For the purposes of paragraphs (3)(a) and (3)(b), “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 (3)(b) 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) Paragraph (3)(d) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(8) Subject to paragraphs (11), (11A), (11B), (11C), (11D) , (11E), (11F), (12), (12A) and (12C), if a person satisfies the conditions in paragraph (9) or (10)—

(a) paragraphs (2) and (3) do not apply to that person; and

(b) the person is an eligible Master’s, etc. student for the purposes of this Part.

(9) The conditions in this paragraph are—

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

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

(10) The conditions in this paragraph are—

(a) the Department has previously determined that the person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course other than the current designated Master’s, etc. course;

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

(11) 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 Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. 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, as the case may be, has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,

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

(11A) Where—

(a) the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible Master’s, etc. student in connection with–

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and that person has not become a British or Irish citizen,

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

(11B) Where—

(a) the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible Master’s, etc. student in connection with–

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and A has not become a British or Irish citizen,

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

(11C) Where—

(a) the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(11D) Where—

(a) the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with–

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen,

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

(11E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with—

(i) an application for support for an earlier year of the current Master’s etc. course, or

(ii) an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen,

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

(11F) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with—

(i) an application for support for an earlier year of the current Master’s etc. course, or

(ii) an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen,

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

(11G) Where—

(a) the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“A”) was an eligible Master’s, etc. student in connection with—

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

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

(12) Where—

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

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,

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

(12A) Where—

(a) the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible Master’s, etc. student in connection with—

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen,

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

(12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12C) Where—

(a) the Department determined that, by virtue of—

(i) falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible Master’s, etc. student in connection with an application for support for an academic year of a designated Master’s, etc. course;

(b) as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights and has not become a British or Irish citizen,

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

(13) Where the eligible Master’s, etc. student is undertaking a designated Master’s, etc. course which is a distance learning course, the student does not qualify for a Master’s, etc. fee loan in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the designated Master’s, etc. course, whether the course is a designated Master’s, etc. course at that date or is designated on a later date during the academic school year.

(14) A student who is an eligible Master’s, etc. student for a Master’s, etc. fee loan in respect of a distance learning course will no longer be eligible for a Master’s, etc. fee loan in respect of that course, if the Department considers that the student is undertaking the course outside the United Kingdom.

(14A) Paragraphs (13) and (14) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

(14B) For the purposes of paragraph (13), a person (“A”) is to be treated as undertaking the designated Master’s, etc. distance learning course in Northern Ireland on the first day if on the first day A would have been so resident but for the fact that-

(d) A’s spouse or civil partner,

(e) A’s parent, or

(f) 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 in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.

(15) The Department may deem a person who has previously received a-

(i) Master’s, etc. fee loan under these Regulations in relation to a designated Master’s, etc. course, or

(ii) Postgraduate Master’s Degree loan other than under these Regulations, in relation to a designated Postgraduate Master’s Degree course, where that loan was paid out of funds provided by a government authority within the United Kingdom , or

(iii) a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant).

to be an eligible Master’s, etc. student where the Department is of the view that the person had not been able to complete the previous Master’s, etc. course or Postgraduate Master’s Degree course due to compelling personal reasons.

(16) The Department may only exercise its discretion to award a subsequent Master’s, etc. fee loan to a particular person under paragraph (15) once in respect of a particular student.

Students becoming eligible during the course of an academic year

150

(1) Subject to paragraph (1)(d) where—

(a) a master’s, etc designation event which results in a student’s course becoming a designated master’s, etc. course occurs in the course of an academic year;

(b) a protected category event which results in a student becoming an eligible master’s, etc. student occurs—

(i) in the course of the first academic year of a course; and

(ii) on or before the course start date; or

(c) an in-year qualifying event which results in a student becoming an eligible master’s, etc. student occurs within the first three months of an academic year,

the student may qualify for a master’s, etc. fee loan in accordance with this Part in respect of that academic year;

(d) a master’s etc. fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Events

151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designated Master’s, etc. courses

152

(1) Subject to paragraph (7), a course is a designated Master’s, etc. course for the purposes of Article 3(1) of the Order and regulation 149 if it is —

(a) a course mentioned in Schedule 3B and which falls within paragraph (2);

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

(i) wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales;

(ii) provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(iii) wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England;

(iv) provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales;

(v) provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or

(vi) provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom.

(vii) provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland;

(d) substantially provided in the United Kingdom or the Republic of Ireland.

(2) For the purposes of paragraph (1)(a) the course must be either—

(a) of one academic year’s duration or where the course falls within paragraph 3, 4 or 5 of Schedule 3B less than one academic year’s duration; or

(b) completed within two academic years; or

(3) For the purposes of paragraph (1)(c) and (d)—

(a) a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into 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 authority-funded if either the university or the constituent college or institution is authority-funded;

(c) an institution is not to be regarded as publicly funded or authority-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;

(d) a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland or Wales, or by a private institution which is an approved provider or an unregistered provider in England; and

(e) a course is substantially provided in the United Kingdom or the Republic of Ireland where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom or the Republic of Ireland.

(4) A Master’s degree undertaken as an integral part of a Postgraduate Doctoral Degree is not a designated Master’s, etc. course for the purposes of Master’s, etc. fee loan.

(5) A postgraduate doctoral degree is not a designated Master’s, etc. course for the purposes of the Master’s, etc. fee loan.

(6) The designated Master’s, etc. course may, but need not, be a distance learning course.

(7) A course cannot be a designated Master’s, etc. course if it is a designated course for the purposes of regulation 6.

(8) For the purposes of Article 3 of the Order and regulation 149 the Department may designate courses of higher education which are not designated by paragraph (1).

(9) The Department may revoke or suspend the designation of a course which is designated under this regulation.

Period of eligibility

153

(1) A student’s status as an eligible Master’s, etc. student is retained in connection with a designated Master’s, etc. course until the status terminates in accordance with this regulation or regulation 149.

(2) The period for which an eligible Master’s, etc. student’s status is retained is the “period of eligibility”.

(3) Subject to the following paragraphs and regulation 149, the period of eligibility terminates at the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course.

(4) The period of eligibility terminates when the eligible Master’s, etc. student (“A”)—

(a) withdraws from A’s designated Master’s, etc. course in circumstances where the Department is not obliged under regulation 154 to transfer the student’s status as an eligible Master’s, etc. student to another course; or

(b) abandons or is expelled from the designated Master’s, etc. course.

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

(6) If the Department is satisfied that an eligible Master’s, etc. 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 Master’s, etc. fee loan;

(c) treat any Master’s, etc. fee loan paid to the student as an overpayment which may be recovered under regulation 164 .

(7) Where the period of eligibility terminates before the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines.

(8) A student who has lost the status of eligible Master’s, etc. student remains liable to repay any instalment he or she has received and ceases to be eligible for further instalments of the Master’s, etc. fee loan.

Transfer of status

154

(1) Where an eligible Master’s, etc. student, “A”, transfers to another Master’s, etc. course, the Department must transfer the student’s status as an eligible Master’s, etc. student to that course where—

(a) the Department receives a request from A 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 A ceases one designated Master’s, etc. course and starts to study another designated Master’s, etc. course at the same institution; or

(b) A starts to study a designated Master’s, etc. course at another institution.

(3) Subject to paragraph (4) , where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of Master’s, etc. fee loan in respect of the academic year of the course from which A transfers.

(4) The Department may re-assess the amount of Master’s, etc. fee loan after the transfer.

(5) Where A transfers under paragraph (1) after the Department has determined A’s Master’s, etc. fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another loan of a kind that A has already applied for under this Part in connection with the academic year of the course to which A is transferring, unless otherwise provided.

Availability of Master’s, etc. fee loan to eligible Master’s, etc. students

155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of Master’s, etc. fee loan

156

(1) The amount of the Master’s, etc fee loan in respect of a designated Master’s, etc course, or courses where the circumstances under paragraph (2) apply, must not exceed, in total, the lesser of -

(a) £6,500; and

(b) the fees charged to the student in respect of the designated Master’s, etc. course/s.

(2) If a student’s status as an eligible Master’s, etc. student is transferred from one designated Master’s, etc. course to another under this Part and the circumstances in paragraph (3) apply, the student may apply to the Department to borrow an additional amount of Master’s, etc. fee loan in respect of the designated Master’s, etc. course to which that student transfers.

(3) The circumstances are that the fees payable in respect of the designated Master’s, etc. course to which the eligible Master’s, etc. student transfers exceed the fees payable in respect of the designated Master’s, etc. course from which the student is transferring.

(4) Where the circumstances in paragraph (3) apply, the maximum additional amount that the Master’s, etc. student may borrow in respect of the designated Master’s, etc. course to which that student transfers, provided that the student qualifies for a Master’s, etc. fee loan, is determined by deducting the amount of any Master’s, etc. fee loan the student has taken out under this Part, in respect of the designated Master’s, etc. course from which the student is transferring from the lesser of –

(a) £6,500.00; and

(b) the fees charged in respect of the course to which the student is transferring.

Applications for support

157

(1) A person (the “applicant”) must apply for a Master’s, etc. fee loan in connection with each academic year of a designated Master’s, etc. 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 be accompanied by—

(a) a declaration under regulation 158 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 it considers necessary to determine whether the applicant is an eligible Master’s, etc. student, whether the applicant qualifies for a Master’s, etc. fee loan and the amount payable, if any.

(4) The Department must notify the applicant of whether the applicant qualifies for a Master’s etc. fee loan and, if the applicant does qualify, the amount payable in respect of the academic year, if any.

Declarations provided by academic authorities

158

(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 a Master’s, etc. fee loan.

(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 a Master’s, etc. fee loan in connection with the designated Master’s, etc. course in respect of the first or only academic year, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled and has undertaken at least two weeks of the designated Master’s, etc. course;

(b) in any other academic year, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant remains enrolled and continues to undertake the remaining academic year of the designated Master’s, etc. course in respect of which the applicant is applying for a Master’s, etc. fee loan.

(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 a Master’s, etc. fee loan;

(b) whether the course falls within sub-paragraph (a), (b) or (c) of regulation 152(2);

(i) the course to be a designated Master’s, etc. course;

(ii) that it will be possible for the applicant to complete the course within the period specified in regulation 152(2).

(iii) in the case of a designated Master’s, etc. course which is a distance learning course, that the applicant is undertaking the course in Northern Ireland;

(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 152(2); and

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

Time limits

159

(1) The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year of the course in respect of which it is submitted.

(2) The general rule does not apply where—

(a) an in-year qualifying event 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 ninth month beginning with the day on which the relevant event occurred;

(b) the applicant is applying for an additional amount of the Master’s, etc. fee loan under regulation 156(4) ..., in which case the application must reach the Department no later than one month before the end of the academic year of the designated Master’s, etc. course to which the application relates;

(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.

Requirement to enter into a contract for a Master’s, etc. fee loan

160

(1) To receive a Master’s, etc. fee loan a student must enter into a contact with the Department.

(2) Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement.

Provision of United Kingdom national insurance number

161

(1) The Department may make it a condition of entitlement to payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan that the eligible Master’s, etc. student must provide the Department with the student’s United Kingdom national insurance number.

(2) Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan to or in respect of the eligible Master’s, etc. student before the Department is satisfied that the student has complied with that condition.

(3) Despite paragraph (2), the Department may make a payment of the Master’s, etc. fee loan to an eligible Master’s, etc. student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible Master’s, etc. student having complied with the condition imposed under paragraph (1).

Information requirements

162

(1) Schedule 4 deals with the provision of information.

(2) The Department may at any time request from an applicant or eligible Master’s, etc. student information that the Department considers is required to recover a Master’s, etc. fee loan.

(3) The Department may at any time require an applicant or eligible Master’s, etc. student to enter into an agreement to repay a Master’s, etc. fee loan by a particular method.

(4) The Department may at any time request from an applicant or eligible Master’s, etc. student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate.

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

(6) Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a Master’s, etc. fee loan until the person provides what has been required.

Payment of Master’s, etc. fee loan

163

(1) The Department must pay the Master’s, etc. fee loan for which an eligible Master’s, etc. student qualifies to an institution to which the student is liable to make payment.

(2) The Department may pay the Master’s, etc. fee loan in instalments.

(3) The Department must not pay the Master’s, etc. fee loan or instalment of Master’s, etc. fee loan until the Department has received from the academic authority—

(a) a request for payment; and

(b) confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated Master’s, etc. course for the period to which the instalment relates.

(4) In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student–

(a) has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the Master’s, etc. fee loan or the first instalment of the Master’s, etc. fee loan for the academic year; or

(b) remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the Master’s, etc. fee loan other than the first instalment.

(5) The academic authority must forthwith inform the Department if a student withdraws, is suspended or is expelled from their course, or is otherwise absent.

Overpayments of Master’s, etc. fee loan

164

(1) Any overpayment of Master’s, etc. fee loan is recoverable by the Department from—

(a) the academic authority; or

(b) the student in respect of whom the payment of Master’s, etc. fee loan was made.

(2) A student must, if so required by the Department, repay any amount of Master’s, etc. fee loan paid in respect of the student which for whatever reason exceeds the amount of Master’s, etc. fee loan to which the student is entitled.

(3) An overpayment of a Master’s, etc. fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances—

(a) by subtracting the overpayment from any amount on the Master’s, etc. fee loan which remains to be paid;

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

(c) by requiring the student to repay the Master’s, etc. fee loan in accordance with regulations made by the Department under Article 3 of the Order;

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

Withdrawal, abandonment, expulsion, absence, etc. from course

165

(1) If the Department receives notice under regulation 163(5) or paragraph (2)(a), (c) or (d) of Schedule 4 of an eligible Master’s, etc. student’s withdrawal, abandonment, expulsion, absence, etc. from the designated Master’s, etc. course, the Department may not make any further payment of the Master’s, etc. fee loan.

(2) If the eligible Master’s, etc. student recommences the course the student must inform the Department and give full details of the length and cause of the preceding absence.

(3) If the student resumes their studies on the course within two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163, if in the opinion of the Department, it would be appropriate in all the circumstances for such payment to be made.

(4) If the student resumes their studies on the course after two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163 only if the Department deems that there were compelling personal reasons for the student’s absence from the course.

SCHEDULE 3A — DESIGNATED POSTGRADUATE COURSES (FOR THE PURPOSES OF DISABLED POSTGRADUATE STUDENTS’ ALLOWANCE PAYABLE UNDER PART 12)

1

A Postgraduate Certificate

2

A Postgraduate Diploma

3

A Master’s degree

4

A Doctoral degree

5

A course recognised by the Department for the purposes of converting a Postgraduate Certificate into either a Postgraduate Diploma, a Master’s degree or a Doctoral degree.

6

A course recognised by the Department for the purposes of converting a Postgraduate Diploma into a Master’s degree or a Doctoral degree.

7

A course recognised by the Department for the purposes of converting a Master’s degree into a Doctoral degree.

SCHEDULE 3B — DESIGNATED MASTER’S, ETC. COURSES

1

A Master’s degree.

2

A Postgraduate Diploma.

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