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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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(6) When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan or relevant institution charge loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan or student contribution charge has been allocated to each standard academic year of the course.

(7) A current system student qualifies for a fee loan or relevant institution charge loan in respect of a standard academic year of the designated course if the Department allocates a fee loan or relevant institution charge loan to that year when assessing the application for support for that year.

(8) In addition to the standard entitlement, a current system student who falls within regulation 23 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not—

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012;

(8A) In addition to the standard entitlement, a current system student to whom regulation 24(2) applies qualifies for a fee loan or relevant institution charge loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland ... where—

(a) the current course begins on or after 1st September 2014; and

(b) the preliminary course was a part-time course.

(9) Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not —

(a) a bursary year;

(b) an Erasmus year of a course provided by an institution in Northern Ireland ...; or

(c) an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012;.

(9A) Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8A), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland ....

(10) In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan and student contribution charge in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year.

(11) A current system student qualifies for a fee loan and student contribution charge in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if—

(a) the academic year which the student is repeating was a qualifying year of study;

(b) the academic year of repeat study is not a bursary year; and

(c) when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support.

(12) In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan or relevant institution charge loan under paragraph (8) (or 8A)).

(13) The amount of the fee loan ... in respect of an academic year is determined in accordance with regulation 25 and may be nil.

(14) The amount of the relevant institution charge loan in respect of an academic year is determined in accordance with regulation 25A and may be nil.

Standard entitlement of current system students who have not studied on a previous course

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Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the course.$

22

(1) Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows—

$$OD+1$whereOD is the number of academic years that make up the ordinary duration of the current course.$

(2) Paragraph (1) also applies where—

(a) the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or

(b) the student has studied on a previous course other than a course mentioned in sub-paragraph (a).

(3) Where this regulation applies, regulations 23 and 24 do not apply.

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

23

(1) The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows—

$$(OD+1)−PC$whereOD is the number of academic years that make up the ordinary duration of the coursePCis the number of academic years that the student has spent on previous courses.$

(2) For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course which—

(a) is a previous course; and

(b) the student began on or after 1st September 2006.

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

24

(1) Where the current course began before 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course;

(i) has completed a full-time foundation degree course;

(ii) is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(2) Where the current course begins on or after 1st September 2009, this regulation applies to—

(a) a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2;

(b) a current system student who—

(i) has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification;

(ii) is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and

(iii) has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course.

(3) Regulations 21, 22 and 23 do not apply to students to whom this regulation applies.

(4) The standard entitlement of a student to whom paragraph (1) applies is calculated as follows—

$$(D+X)−Pr⁡C$whereD is the greater of 3 and the number of academic years that make up the ordinary duration of the courseX is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three yearsPrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

(5) The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–-

$$(D+X)−Pr⁡C$whereD is the greater of 3 and the number of academic years that make up the ordinary duration of the courseXis—where the ordinary duration of the preliminary course was less than three years,where the ordinary duration of the preliminary course was three years,where the ordinary duration of the preliminary course was four years,where the ordinary duration of the preliminary course was five years, andwhere the ordinary duration of the preliminary course was six yearsPrCis the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons.$

Amount of the fee loan

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(1) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2C) must not exceed the lesser of—

(a) £9,790; and

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

(2) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2C) must not exceed the lesser of—

(a) £4,895; and

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

(2A) Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2D) must not exceed the lesser of—

(a) £4,985; and

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

(2B) In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2D) must not exceed the lesser of—

(a) £2,475; and

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

(2C) The designated courses for the purposes of paragraphs (1) and (2) are designated courses:-

(a) provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland or by an approved (fee cap) provider in England;

(b) provided by or on behalf of a publicly funded institution in Wales, where the course began before 1st September 2017;

(c) provided by or on behalf of a regulated institution in Wales, where the course begins on or after 1st September 2017.

(2D) The designated courses for the purposes of paragraphs (2A) and (2B) are designated courses:-

(a) provided by a private institution (other than a publicly funded institution) in Northern Ireland or Scotland or by an approved provider in England.

(b) provided by a private institution (other than on behalf of a publicly funded institution) in Wales, where the course began before 1st September 2017;

(c) provided by a non-regulated institution (other than on behalf of a regulated institution) in Wales, where the course begins on or after 1st September 2017.

(3) The cases are—

(a) the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance;

(b) in respect of a sandwich course, an academic year—

(i) during which any periods of full-time study are in aggregate less than 10 weeks; or

(ii) if in 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 (disregarding intervening vacations) exceeds 30 weeks;

(c) in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks;

(d) in respect of a course provided in conjunction with an overseas institution, an academic year—

(i) during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or

(ii) if in 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 or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks.

(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 fee loan in respect of the academic year of the course to which that student transfers.

(5) The circumstances are—

(a) the fees payable in respect of the academic year of the course to which the current system student transfers exceed 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 fee loan or another 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 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 fee loan in respect of that year, is determined by deducting the amount of any fee loan or 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 lesser of—

(a) the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and

(b) the fees 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 fee 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 fee loan in respect of that year is the lesser of—

(a) the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and

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

(10) Where a current system student has applied for a 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 relevant maximum applicable in that student’s case.

(11) Where the circumstances in paragraph (12) apply, the amount of a fee loan must not exceed the lesser of—

(a) £1,465; and

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

(12) This paragraph applies in respect of an Erasmus year of a course provided by an institution in England, Wales or Scotland which begins on or after 1st September 2017.

(13) Where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, the amount of a fee loan must not exceed the lesser of-

(a) £9,790; and

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

(14) Where—

(a) the current course is an accelerated course provided by or on behalf of an approved (fee cap) provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of-—

(i) £11,750; and

(ii) The fees payable by the student in connection with that year.”.

(b) the current course is an accelerated course provided by or on behalf of an approved provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of—

(i) £4,985; and

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

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students

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Old system students who are transferring students

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Old system students who are on end-on courses

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Old system students who are gap year students who have not studied on a previous course

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Old system students who are gap year students who have studied on a previous course

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Availability of the grant for fees to old system students for years of repeat study

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Amount of the grant for fees for a course at a publicly funded institution or a relevant institution of higher education in the Republic of Ireland

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Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

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Amount of the grant for fees for a course at a private institution

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CHAPTER 5 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

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Amount of the fee contribution loan

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PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

Current system students

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The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part—

(a) disabled students’ allowance;

(b) grant for dependants;

(d) maintenance grant or special support grant.

Old system students

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CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

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(1) An eligible student qualifies for a grant under this Part provided that the student—

(a) is not excluded from qualification by any of the following paragraphs; and

(b) satisfies the qualifying conditions for the particular grant for which the student is applying.

(2) An eligible student does not qualify for a bursary or grant under this Part if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D.

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

(a) an academic year which is a bursary year;

(b) an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or

(c) a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(4) Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance.

(5) An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service.

(6) For the purposes of paragraph (5), “unpaid service” means—

(a) unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland;

(b) unpaid service with a local authority in the United Kingdom or any equivalent body in the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or Republic of Ireland;

(d) unpaid research in an institution in the United Kingdom or the Republic of Ireland or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or

(e) unpaid service with—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00041];

(iii) a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990[^f00042];

(iv) an NHS body within the meaning of given by section 275(1) of the National Health Service Act 2006[^f00043]; or

(v) a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978[^f00044].

(7) 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 particular grant in accordance with this Part in respect of that academic year.

(7A) Subject to paragraph (7B), 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 particular grant in accordance with this Part in respect of part of that academic year.

(7B) student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner.

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

Students who are treated as in attendance

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(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants—

(a) grant for dependants;

(b) disabled students’ allowance;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This regulation applies to—

(a) a compressed degree student;

(aa) a student on a period of study or period of overseas work placement in an Erasmus year; or

(b) a disabled student who—

(i) is not a compressed degree student; and

(ii) is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.

CHAPTER 3 — DISABLED STUDENTS’ ALLOWANCES

Qualifying conditions for the disabled students’ allowance

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(1) An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Department is satisfied that A is obliged to incur in connection with A’s attendance on or undertaking of a designated course by reason of a disability to which A is subject.

(2) The expenditure for which the grant may be paid includes, in particular—

(a) expenditure on a non-medical personal helper;

(b) expenditure on major items of specialist equipment;

Amount of the disabled students’ allowance

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(1) Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Department considers appropriate in accordance with the student’s circumstances.

(2) The amount of the disabled students’ allowance in respect of an academic year—

(a) for expenditure other than travel expenditure, must not exceed £27,500;

(b) for travel expenditure, must not exceed the additional expenditure incurred.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraph (6), the disabled students’ allowance is payable in respect of the four quarters of the academic year....

(6) 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 the disabled students’ allowance in respect of the four quarters of that academic year.

(6A) 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 the disabled students’ allowance in respect of the qualifying quarters.

(6B) For the purposes of paragraph (6A) “the qualifying quarters” means—

(a) the quarter in which the relevant event occurs; and

(b) if relevant, such other quarters as begin after the relevant event occurs.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — GRANTS FOR DEPENDANTS

Interpretation of Chapter 4

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(1) In regulations 45 to 48—

(a) subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Department considers the student is separated) or the student’s former partner;

(b) “child” in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student;

(c) “dependant” means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

(d) “dependent” means wholly or mainly financially dependent;

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

(f) “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children;

(g) “net income” has the meaning given in paragraph (2);

(ga) “preceding financial year” means the financial year immediately preceding the relevant year;

(gb) “prior financial year” means the financial year immediately preceding the preceding financial year;

(gc) “relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed;

(gd) “residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants);

(ge) “taxable income” means, in respect of the prior financial year—

(i) the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax;

(ii) A’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to A’s income; or

(iii) where the legislation of—

(aa) the United Kingdom and one or more Member States; or

(bb) more than one Member State

applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest,

except that no account is taken of income referred to in paragraph (1A) paid to another party;

(h) subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following—

(i) the spouse of an eligible student;

(ii) the civil partner of an eligible student;

(iii) a person ordinarily living with an eligible student as if that person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2000;

(iv) a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2005;

(i) unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if—

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

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

(j) for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;

(k) for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5;

(l) for the purposes of regulation 46—

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

(ii) a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 5;

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

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

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

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

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

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

(i) is not dependent on—

(aa) the eligible student; or

(bb) the student’s partner; but

(ii) is dependent on the eligible student and the student’s partner together;

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

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

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

(1A) The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule.

(2) A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 45(2)(b) and for the prior financial year for the purposes of regulation 48(7)) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding—

(a) any pension, allowance or other benefit paid by reason of a disability, incapacity or limited capability for work to which the dependant is subject;

(b) child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00045];

(c) any financial support payable to the dependant by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987[^f00046];

(d) any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00047];

(e) in the case of a dependant with whom a child being looked after by an authority is placed, any payment made to that dependant in pursuance of Article 27 of the Children (Northern Ireland) Order 1995[^f00048];

(f) any payments made to the dependant under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the dependant’s child or any assistance given by an authority pursuant to Article 35 of that Order; ...

(g) any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002[^f00049] ; and

(h) in the case of a dependant who is entitled to an award of universal credit—

(i) any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 (award to include LCWRA element), in respect of the fact that the dependant has ... limited capability for work and work-related activity;

(ii) any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations.

(3) Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s residual income is reduced by—

(a) an amount equal to the payments in question for the academic year, if in the opinion of the Department the obligation had been reasonably incurred; or

(b) such lesser amount, if any, as the Department considers appropriate if, in the opinion of the Department, a lesser obligation could reasonably have been incurred.

(4) For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income.

(5) An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5.

(6) An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (3)(b) and (c), (3A)(b) and (c), (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants.

General

44

(1) The grant for dependants consists of the following elements—

(a) adult dependants’ grant;

(b) childcare grant;

(2) The qualifying conditions for each element and the amounts payable are set out in regulations 45 to 48.

Adult dependants’ grant

45

(1) An eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation.

(2) The adult dependants’ grant is available in respect of one dependant of an eligible student who is either—

(a) the eligible student’s partner; or

(b) an adult dependant whose net income for the relevant year does not exceed £3,873.

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

(a) £2,695; or

(b) where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,695 as the Department considers reasonable in the circumstances.

Childcare grant

46

(1) An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation.

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

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

(b) a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996[^f00050] and is under the age of 17 immediately before the beginning of the academic year.

(3) A does not qualify for a childcare grant if—

(a) A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002;

(b) A or A’s partner is entitled to an award of universal credit, the calculation of which includes and amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016; or

(3A) In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder.

(3B) A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child.

(4) A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner.

(5) Subject to paragraphs (6) and (8) , the basic amount of childcare grant for each week is—

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

(b) for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week

except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends.

(6) For the purposes of calculating the basic amount of childcare grant—

(a) a week runs from Monday to Sunday; and

(b) where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven.

(7) In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002[^f00052].

(8) Where A’s application for a childcare grant does not identify a childcare provider, the Department may limit—

(a) the amount of grant paid to A to the amount specified in paragraph (9), and

(b) payment of the grant to one quarter of the academic year,

until A has submitted details of the childcare provider to the Department.

(9) In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week.

(10) Subject to paragraphs (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year.

(11) 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 childcare grant in respect of the four quarters of that academic year.

(11A) 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 childcare grant in respect of such quarters of the academic year as begin after the event in question occurs.

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

Parents’ learning allowance

47

(1) An eligible student (“A”) qualifies in connection with A’s attendance on a designated course for the parents’ learning allowance if A has one or more dependants who are dependent children.

(2) The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being £1,538.

Calculations

48

(1) Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 45 to 47 is the amount of that element remaining after applying, until it is extinguished, an amount equal to $A−B$as follows and in the following order—

(a) to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 45;

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

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

(2) Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A, the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable.

(3) Where $A−B$ is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil.

(4) The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(5) The amount of childcare grant calculated under paragraph (1) is reduced by one half where—

(a) the eligible student’s partner—

(i) is an eligible student; or

(ii) holds a statutory award; and

(b) account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award.

(6) Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50.

(7) In this regulation—

Ais the aggregate of—

(a) the residual income of the eligible student’s partner for the prior financial year;

(b) the residual income of the eligible student’s adult dependants for the prior financial year; and

(c) subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”.

Where the student begins the course before 1st September 2013, B is—

(a) £1,182 where the eligible student has no dependent child;

(b) £3,543 where the eligible student is not a lone parent and has one dependent child;

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

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

(d) £5,910 where the eligible student is a lone parent and has more than one dependent child.

Where the student begins the course on or after 1st September 2013, B is—

(a) £6,182 where the eligible student has no dependent child;

(b) £8,543 where the eligible student is not a lone parent and has one dependent child;

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

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

(d) £10,910 where the eligible student is a lone parent and has more than one dependent child.

(7A) For the purposes of paragraph (7), the current course is treated as beginning before 1st September 2013 in relation to a student “A” where A transfers to the current course pursuant to regulation 8 on or after 1st September 2013 from a designated course beginning before 1st September 2013.

(7B) Where the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7C) In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year.

(7D) In an academic year immediately following one in which the Department has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Department must ascertain the dependent children’s net income in the preceding financial year.

(8) Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs—

(a) there is a change in the number of the eligible student’s dependants;

(b) a person becomes or ceases to be a dependant of the eligible student;

(d) a student becomes eligible for support as a result of —

(i) course designation event, or

(ii) an in-year qualifying event (other than a settled status event).

(9) For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter—

(a) how many dependants the eligible student is to be treated as having;

(b) who those dependants are;

(10) The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year.

(11) The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year.

(12) In this regulation, a “relevant quarter” means—

(a) in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs;

(b) otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs.

(13) A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part.

CHAPTER 5 — GRANTS FOR TRAVEL

Interpretation

49

For the purposes of this Chapter—

(a) any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year —

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

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

(b) “qualifying quarter” means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute or overseas workplace in an Erasmus year for at least half the period covered by that quarter.

General

50

A grant for travel is available—

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

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

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

51

A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student’s course any hospital or other premises in the United Kingdom or Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution.

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

52

The amount of grant payable under regulation 51 in respect of an academic year is equal to the reasonable expenditure that the Department determines the eligible student is obliged to incur for the purposes set out in that regulation less £309.

Qualifying conditions for the grant for travel – overseas study

53

A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student’s course the overseas institution or the Institute or overseas workplace in an Erasmus year .

Amount of the grant for travel – overseas study

54

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

$(X−£309)+Y$where—

X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 53.

Yis the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 55.

55

The expenditure specified in this regulation is—

(a) expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute;

(b) the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and

(c) medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated.

Deductions from the grant for travel

56

A deduction may be made from any grant under this Chapter in accordance with Part 8.

CHAPTER 6 — MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the maintenance grant

57

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

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

(3) If a current system student does not qualify for a fee loan or relevant institution charge loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan or relevant institution charge loan is that—

(a) the year is an Erasmus year in accordance with regulation 20(3); or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) Subject to paragraph (5), a maintenance grant is payable to a current system student in respect of the four quarters of the academic year.

(5) 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 maintenance grant in respect of the four quarters of that academic year.

(5A) Where—

(a) a course designation event which results in 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 maintenance grant in respect of such quarters of the academic year as begin after the event in question occurs.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A current system student does not qualify for a maintenance grant if the current course is a graduate entry course.

Amount of the maintenance grant

58

(1) The maximum amount of maintenance grant available in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, £1,785;

(b) in the case of a type 2 teacher training student, £3,569; and

(2) A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £1,785;

(b) where the household income exceeds £19,203 but does not exceed £29,019 the student receives an amount equal to$M−(A2)$

where

M is £1,785

A is £1 for every complete £8.86 by which the household income exceeds £19,203; and

(c) where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £678.

(3) A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year —

(a) where the household income is £19,203 or less, the student receives £3,569;

(b) where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to $M−A$ where—

M is £3,569

A is £1 for every complete £4.43 by which the household income exceeds £19,203; and

(c) where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,354.

(4) A type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £1,785;

(b) where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to $M−(A+B2)$where—

M is £1,785

A is £1 for every complete £8.86 by which the household income exceeds £19,203 but does not exceed £29,019

Bis £1 for every complete £18.50 by which the household income exceeds £29,019 but does not exceed £41,065; and

(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £3,569;

(b) where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to $M−A$where—

M is £3,569

A is £1 for every complete £4.43 by which the household income exceeds £19,203;

(c) where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to $RM−A$where—

RM is £1,354

A is £1 for every complete £9.25 by which the household income exceeds £29,019;

(d) where the household income exceeds £41,065, no maintenance grant is payable.

CHAPTER 7 — SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS

Qualifying conditions for the special support grant

59

(1) A current system student qualifies in accordance with this regulation for a special support grant in connection with the student’s attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course.

(2) A current system student qualifies for a special support grant if the student—

(a) falls within a prescribed category of person for the purposes of section 123(1)(e) of the Social Security Contributions and Benefits Act (Northern Ireland) 1992[^f00053]; ...

(b) is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 129(2) of that Act[^f00054]; or

(c) under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home.

(3) If a current system student does not qualify for a fee loan or relevant institution charge loan in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan or relevant institution charge loan is that—

(a) the year is an Erasmus year in accordance with regulation 20(3); or

(b) the designated course is an old flexible postgraduate course for the initial training of teachers.

(4) Subject to paragraph (5), a special support grant is payable in respect of the four quarters of the academic year.

(5) 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 special support grant in respect of the four quarters of that academic year.

(5A) Where—

(a) a course designation event which results in 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 special support grant in respect of such quarters of the academic year as begin after the event in question occurs.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A current system student does not qualify for a special support grant if the current course is a graduate entry course.

Amount of the special support grant

60

(1) The maximum amount of special support grant available in respect of an academic year is—

(a) in the case of a type 1 or type 3 teacher training student, £1,785;

(b) in the case of a type 2 teacher training student, £3,569;

(2) A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £1,785;

(b) where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to $M−(A2)$ where—

M is £1,785

A is £1 for every complete £8.86 by which the household income exceeds £19,203; and

(c) where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £678.

(3) A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £3,569;

(b) where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to $M−A$ where—

M is £3,569

A is £1 for every complete £4.43 by which the household income exceeds £19,203; and

(c) where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,354.

(4) A type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £1,785;

(b) where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to $M−(A+B2)$ where—

M is £1,785

A is £1 for every complete £8.86 by which the household income exceeds £19,203 but does not exceed £29,019

Bis £1 for every complete £18.50 by which the household income exceeds £29,019 but does not exceed £41,065; and

(5) A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year—

(a) where the household income is £19,203 or less, the student receives £3,569;

(b) where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to $M−A$ where—

M is £3,569

A is £1 for every complete £4.43 by which the household income exceeds £19,203;

(c) where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to $RM−A$ where—

RM is £1,354

A is £1 for every complete £9.25 by which the household income exceeds £29,019; and

(d) where the household income exceeds £41,065, no special support grant is payable.

CHAPTER 8 — HIGHER EDUCATION BURSARIES FOR OLD SYSTEM STUDENTS

Qualifying conditions and amounts of the higher education bursary

61

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

PART 6 — LOANS FOR LIVING COSTS

CHAPTER 1 — QUALIFYING CONDITIONS

Interpretation of Part 6

62

In this Part—

(a) a “current system student with full entitlement” is a current system student other than a student with reduced entitlement;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a “student with reduced entitlement” is an eligible student who—

(i) does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(a) or (b) or 39(5); or

(ii) opts when applying for a loan for living costs not to provide the information needed to calculate the household income;

(e) where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year.

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

63

(1) Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and—

(a) where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or

(b) he does not have an honours degree from—

(i) an institution in the United Kingdom; or

(ii) an institution in the Republic of Ireland for which he received financial support under previous regulations.

(2) The condition in paragraph (1)(a) or (b) does not apply where—

(a) the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect;

(b) the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner;

(c) the current system 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 in respect of any academic year of the course; or

(d) the current system student is on a course for the initial training of teachers.

(3) A current system student does not qualify for a loan for living costs if—

(a) he is in receipt of funding from the Department to participate in a management development programme known as Study USA; or

(b) the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D

(4) A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration.

(5) A current system student does not qualify for a loan for living costs if the student is a prisoner.

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

64

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

CHAPTER 2 — MAXIMUM AMOUNTS OF LOANS

General

65

(1) The maximum amount of a loan for living costs in respect of an academic year is calculated as follows—

(a) where the eligible student is a current system student with full entitlement, in accordance with regulation 66 or 67;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Current system students with full entitlement

66

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

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to $X−Y$where—

X is—for a student in category A, £6,471;for a student in category B, £11,699;for a student in category C, £9,956;for a student in category D, £8,352;

Y is the maintenance grant amount.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to $X−Y$where—

X is—for a student in category A, £5,850;for a student in category B, £10,646;for a student in category C, £8,654;for a student in category D, £7,731;

Y is the maintenance grant amount.

(4) “the maintenance grant amount” is, unless otherwise stated—

(i) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,318, the amount of maintenance grant payable;

(ii) where the student qualifies under regulation 58(2) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,700 less £1 in every complete £9.42 by which the household income exceeds £19,203;

(iii) where the student qualifies under regulation 58(2) for an amount of maintenance grant of £1,738, £1,700;

(iv) where the student qualifies under regulation 58(3) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £2,650 less £1 in every complete £7.36 by which the household income exceeds £19,203;

(v) where the student qualifies under regulation 58(4) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,550 less £1 in every complete £11.01 by which the household income exceeds £19,203;

(vi) where the student qualifies under regulation 58(4) for an amount of maintenance grant of £1,738, £1,550;

(vii) where the student qualifies under regulation 58(5) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £1,850 less £1 in every complete £18.45 by which the household income exceeds £19,203;

(viii) where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,475, £1,850; and

(ix) where no maintenance grant is payable, nil.

Type 1 and type 2 teacher training students

67

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

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is —

(a) for a student in category A, £6,471;

(b) for a student in category B, £11,699;

(d) for a student in category D, £8,352.

(3) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is—

(a) for a student in category A, £5,850;

(b) for a student in category B, £10,646;

(d) for a student in category D, £7,731.

Old system students with full entitlement

68

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

Students with reduced entitlement

69

(1) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is—

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

(i) for a student in category A, £3,072;

(ii) for a student in category B, £5,747;

(iii) for a student in category C or D, £4,090.

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

(i) for a student in category A, £3,072

(ii) for a student in category B, £5,747;

(iii) for a student in category C, £4,892;

(iv) for a student in category D, £4,090.

(c) where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—for a student in category A, £4,853;for a student in category B, £8,774;for a student in category C, £7,468;for a student in category D, £6,264;

Y is the amount specified in paragraph (3).

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is—

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

(i) for a student in category A, £2,330;

(ii) for a student in category B, £4,400;

(iii) for a student in category C or D, £3,192;

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

(i) for a student in category A, £2,330;

(ii) for a student in category B, £4,400;

(iii) for a student in category C, £3,572;

(iv) for a student in category D, £3,192;

(c) where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to $X−Y$where—

X is—for a student in category A, £4,388;for a student in category B, £7,985;for a student in category C, £6,491;for a student in category D, £5,798;

Y is the amount specified in paragraph (3).

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The specified amount is—

(a) £678 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £678;

(b) £1,354 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,354;

CHAPTER 3 — LONG COURSES LOAN

Long courses loan

70

(1) An eligible student qualifies for a long courses loan in connection with the student’s attendance on a designated course if the student—

(a) qualifies for a loan for living costs under this Part;

(b) is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and

(2) The maximum amount of long courses loan is $X+Y$where—

X is calculated in accordance with paragraph (3),

Y is calculated in accordance with paragraph (4);

(3) Where an eligible student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5);

(4) Where an eligible student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5);

(5) The amount is—

(i) for a student in category A, £96;

(ii) for a student in category B, £188;

(iii) for a student in category C, £203;

(iv) for a student in category D, £146.

(6) Where an eligible student attends a course at the University of Ulster for a period not exceeding 6 weeks during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the maximum amount of long courses loan for each week or part week of such attendance is—

(a) for a student in Category A, by £96; or

(b) for a student in Category D, by £146

(7) A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8.

CHAPTER 4 — MISCELLANEOUS

Quarters in respect of which the loan for living costs and the long courses loan are payable

71

(1) Subject to regulation 74, the loan for living costs is payable in respect of three quarters of the academic year and the long courses loan is payable in respect of four quarters of the academic year.

(2) The loan for living costs is not payable—

(a) in the case of a compressed degree student, in respect of the quarter nominated by the Department;

(b) in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Students falling into more than one category

72

Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year—

(a) the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b) the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;

(c) the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;

(d) the maximum amount of long courses loan for each such quarter is one fourth of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(e) the category which applies to a quarter is—

(i) the category into which the student falls for the longer or longest period in that quarter; or

(ii) if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Students residing with parents

73

(1) Where an eligible student (“X”) resides at X’s parents’ home and the Department is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part.

Students becoming eligible in the course of an academic year

74

(1) Where any of the following events occur in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which such a loan is payable as beginning after the event in question occurs—

(a) a course designation event which results in the student’s course becoming a designated course; or

(b) an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student.

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

Standard entitlement of current system students who have not studied on a previous course

21

Standard entitlement – course leading to degree in social work

22

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

23

Standard entitlement of current system students who have transferred from or otherwise studied on a previous course

24

Amount of the fee loan

25

CHAPTER 4 — GRANTS FOR FEES FOR OLD SYSTEM STUDENTS

Old system students who are continuing students

26

Old system students who are transferring students

27

Old system students who are on end-on courses

28

Old system students who are gap year students who have not studied on a previous course

29

Old system students who are gap year students who have studied on a previous course

30

Availability of the grant for fees to old system students for years of repeat study

31

Amount of the grant for fees for a course at a publicly funded institution or a relevant institution of higher education in the Republic of Ireland

32

Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution

33

Amount of the grant for fees for a course at a private institution

34

CHAPTER 5 — FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS

Availability of fee contribution loans to old system students

35

Amount of the fee contribution loan

36

PART 5 — GRANTS FOR LIVING AND OTHER COSTS

CHAPTER 1 — TYPES OF GRANTS AVAILABLE

Current system students

37

Old system students

38

CHAPTER 2 — GENERAL PROVISIONS

General qualifying conditions for grants for living and other costs

39

Students who are treated as in attendance

40

CHAPTER 3 — DISABLED STUDENTS’ ALLOWANCES

Qualifying conditions for the disabled students’ allowance

41

Amount of the disabled students’ allowance

42

CHAPTER 4 — GRANTS FOR DEPENDANTS

Interpretation of Chapter 4

43

General

44

Adult dependants’ grant

45

Childcare grant

46

Parents’ learning allowance

47

Calculations

48

CHAPTER 5 — GRANTS FOR TRAVEL

Interpretation

49

General

50

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

51

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

52

Qualifying conditions for the grant for travel – overseas study

53

Amount of the grant for travel – overseas study

54

55

Deductions from the grant for travel

56