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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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(1A) 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 loan for living costs in respect of all quarters of that academic year in respect of which a loan for living costs is payable.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

(5) The maximum amount of loan for living costs for each 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.

(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.

(7) The maximum amount of long courses loan for each 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.

Students who are treated as in attendance on a course

75

(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 loan for living costs or the long courses loan.

(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;

(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.

Deductions from loans for living costs

76

(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement... may be made in accordance with Part 8.

(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.

Applying for an additional amount of loan for living costs or long courses loan

77

(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—

(a) the Department determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b) the Department considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—

(i) failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or

(ii) providing information that is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled 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 relevant maximum applicable in the student’s case.

Categories of student

78

Subject to regulation 78A, in this Part—

(a) a student (“X”) is in category A if—

(i) X resides at X’s parents’ home while attending the designated course; or

(ii) X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;

(b) a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—

(i) a course at the University of London;

(ii) a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii) a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that “Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(i) attends an overseas institution as part of the student’s course; ...

(ii) attends the Institute; or

(iii) attends an overseas work placement in an Erasmus year;

(d) a student is in category D if the student is not in categories A to C.

PART 7 — COLLEGE FEE LOANS

General

79

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Qualifying conditions

80

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Persons to be treated as eligible students

81

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Disabled students

82

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Students becoming eligible during the course of an academic year

83

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Availability of college fee loans

84

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Amount of college fee loan

85

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Transfers

86

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PART 8 — FINANCIAL ASSESSMENT

Calculation of contribution

87

(1) An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5.

(2) For the purposes of the exercise of the Department’s functions under the Order and regulations made under it the Department may require an eligible student to provide from time to time such information as the Department considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution.

Application of contribution – current system students

88

In the case of a current system student, the Department must apply the contribution in accordance with regulation 91.

Application of contribution – old system students

89

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

Order of application

90

The contribution or the remainder of the contribution, as the case may be, is to be applied as follows—

(a) first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 48;

(b) second, to reduce the childcare grant calculated in accordance with regulation 48;

(c) third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (except the first £50 of the allowance);

(d) fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 91;

(e) fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5.

Minimum level of loan for living costs

91

(1) Subject to paragraphs (2) and (5), for a current system student, the “minimum level for the academic year” in regulation 90(d) is—

(a) £4,853, in the case of a student in category A;

(b) £8,774, in the case of a student in category B;

(d) £6,264, in the case of a student in category D.

(2) Subject to paragraph (5), for a current system student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is—

(a) £4,388, in the case of a student in category A;

(b) £7,985, in the case of a student in category B;

(d) £5,798, in the case of a student in category D.

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

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

(5) Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) or (2) are the aggregate of the amounts determined under paragraph (6) for each of the quarters in respect of which a loan is payable.

(6) The amount determined for each quarter is one third of the amount in paragraph (1) or (2) which corresponds to the rate applicable for the quarter.

(7) The rate applicable for a quarter is determined in accordance with regulation 72.

(8) Categories A to D have the meaning given in regulation 78.

Amount of loan for living costs payable to certain type 1 and type 2 teacher training students

92

(1) This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil.

(2) The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows—

$$A−B$whereA is the amount of loan for living costs left after applying the contribution in accordance with this Part; andB is the amount of maintenance grant payable to the student.$

PART 9 — PAYMENTS

CHAPTER 1 — INTERPRETATION OF PART 9

Interpretation

93

In this Part—

(a) “attendance confirmation” means—

(i) confirmation from the academic authority that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student has a disability; and

(cc) the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability);

(ii) confirmation from the academic authority that the student has been present at the institution and begun to attend the course where—

(aa) the student is applying for support in connection with a designated course for the first time;

(bb) the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and

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

(iii) confirmation from the academic authority that the student has enrolled for the academic year where—

(aa) the student is applying for support in connection with a designated course other than for the first time; or

(bb) the student is applying for support in connection with a designated course for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution;

(b) “payment period” means a period in respect of which the Department pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated.

CHAPTER 2 — PAYMENT OF GRANTS FOR FEES

Payment of grants for fees

94

(1) The Department must not pay the grant for fees for which a student qualifies until the Department has received a request for payment from the academic authority.

(2) Payment must be made to the academic authority—

(a) not before the expiry of a period of three months beginning with the first day of the academic year; and

(b) not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later.

(3) Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Department may make a provisional assessment and payment.

(4) No payment of the grant for fees can be made in respect of a designated course if—

(a) before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 19, undertake the course; and

(b) the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all.

CHAPTER 3 — PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS

Payment of grants for living and other costs

95

(1) The Department may pay support under Part 5 in instalments.

(2) Subject to paragraph (3), the Department may pay support under Part 5 at such times as the Department considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Department.

(4) The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Department has received the attendance confirmation unless an exception applies.

(5) An exception applies if—

(a) a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or

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

(6) Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(7) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5.

(8) Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.

(9) Paragraph (8) does not apply in respect of disabled student’s allowance.

(10) In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

(11) No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(12) Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine—

(a) the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and

(b) how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”).

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

(14) If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant—

(a) the Department may treat the excess as an overpayment of that grant; or

(b) if the Department considers that it is appropriate to do so the Department may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period.

(15) Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period.

(16) Paragraph (15) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment.

(17) No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(18) In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(19) An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.

(20) Where, after the Department has made any payment of support under Part 5 or Part 6, the Department makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount—

(a) if the determination increases the amount of that grant for which the student qualifies the Department must pay the additional amount in such instalments (if any) and at such times as the Department considers appropriate;

(b) if the determination decreases the amount of that grant for which the student qualifies the Department must subtract the amount of the decrease from the amount of that grant which remains to be paid;

(c) if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year;

(d) any remaining overpayment is recoverable in accordance with Chapter 5 of this Part.

CHAPTER 4 — PAYMENT OF LOANS

General

96

(1) Subject to paragraph (2) —

(a) fee loans and relevant institution charge loans are payable in accordance with regulation 99;

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(2) Regulations 97 and 98 apply in respect of the payment of all loans.

Provision of United Kingdom national insurance number

97

(1) The Department may make it a condition of entitlement to payment of any loan that the eligible 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 loan to the eligible student before it is satisfied that the student has complied with that condition.

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

Information requirements

98

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

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

(3) The Department may at any time request from an applicant or eligible 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 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 requested an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested.

Payment of fee loans and fee contribution loans

99

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

(2) The Department may pay the fee loan or relevant institution charge loan in instalments.

(3) The Department must not pay the fee loan or relevant institution charge loan or instalment of fee loan or relevant institution charge loan until the Department has received from the academic authority—

(a) a request for payment; and

(b) confirmation (in such form as may be required by the Department) of the student’s attendance on the 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 the course for that academic year, where the confirmation relates to payment of the fee loan or relevant institution charge loan or the first instalment of the fee loan or relevant institution charge loan for the academic year; or

(b) remains enrolled and continues to attend the course, where the confirmation relates to payment of an instalment of the fee loan or relevant institution charge loan other than the first instalment.

(5) The academic authority must inform the Department if a student ceases to attend the designated course during the academic year.

Payment of college fee loans

100

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Payment of loans for living costs and long courses loans

101

(1) The Department may pay support under Part 6 in instalments.

(2) Subject to paragraph (4), the Department may pay support under Part 6 at such times as the Department considers appropriate.

(3) An academic authority is required to send an attendance confirmation to the Department.

(4) The Department must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Department has received an attendance confirmation from the relevant academic authority unless an exception applies.

(5) An exception applies if the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation.

(6) Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 6.

(7) Payments of support under Part 6 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.

(8) Where the Department has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Department may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Department considers appropriate as soon as is reasonably practicable after a satisfactory application has been received.

(9) Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day.

(10) In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Department must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course.

(11) No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates.

(12) No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence.

(13) In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause.

(14) An eligible student is not to be considered absent from the student’s course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days.

(15) Where, after the Department has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Department makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise—

(a) the Department must subtract from any amount of loan which remains to be paid under Part 6 such an amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies;

(b) if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil;

CHAPTER 5 — OVERPAYMENTS

Overpayments of fee support

102

(1) Any overpayment of fee support is recoverable by the Department from—

(a) the academic authority; or

(b) the student in respect of whom the payment of fee support was made.

(1A) A student must, if so required by the Department, repay any amount of fee support paid to the student, or in respect of the student, which for whatever reason exceeds the amount of fee support to which the student is entitled.

(2) An overpayment of a fee loan or relevant institution charge 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 fee loan or relevant institution charge loan which remains to be paid;

(aa) by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order;

(b) by requiring the student to repay the fee loan or relevant institution charge loan in accordance with regulations made under Article 3 of the Order;

Overpayments of college fee loan

103

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Overpayments of support payable under Part 5 or Part 6

104

(1) A student must, if so required by the Department, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6.

(2) The Department must recover an overpayment of any bursary or grant for living and other costs unless the Department considers it is not appropriate to do so.

(3) The methods of recovery are—

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

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

(4) A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise.

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

(6) In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise.

(7) The circumstances are—

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

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

(8) The circumstances are—

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

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

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

(10) Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Department from the student to whom the payment was made.

(11) The methods of recovery are—

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

(b) requiring the student to repay the loan in accordance with regulations made under Article 3 of the Order;

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

PART 10 — SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES

Eligible distance learning students

105

(1) An eligible distance learning student qualifies for support in connection with the student undertaking a designated distance learning course subject to and in accordance with this Part.

(2) Subject to the following provisions of this regulation, a person is an eligible distance learning student in connection with a designated distance learning 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 distance learning 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 distance learning course to which A’s status as an eligible distance learning student is transferred from that course in accordance with this Part.

(2B) In connection with a designated distance learning 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 distance learning student if—

(a) A is eligible to apply for, in connection with the distance learning course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person’s income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007[^f00055];

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

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

(e) subject to paragraph (5), A is a prisoner.

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

(5) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.

(6) For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation.

(7) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made—

(a) before 25th September 1991; and

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

(8) Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (9) or (10)—

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

(b) that person is an eligible distance learning student for the purposes of this Part.

(9) The conditions in this paragraph are—

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

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

(10) The conditions in this paragraph are—

(a) the Department has previously determined that the person is—

(i) an eligible student in connection with a designated course;

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

(iii) an eligible part-time student in connection with a designated part-time course;

(b) the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or 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 distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning 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 distance learning 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 distance learning student in connection with–

(i) an application for support for an earlier year of the current distance learning course; or

(ii) an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 section 67 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 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 distance learning student in connection with–

(i) an application for support for an earlier year of the current distance learning course; or

(ii) an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen,

A’s status as an eligible 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 distance learning student in connection with an application for support for an earlier year of the current course, or an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible 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 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 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—

(i) an eligible distance learning student in connection with an application for support for an earlier year of the current course,

(ii) an eligible student in connection with an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible 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 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 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 distance learning student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 distance learning 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 distance learning student in connection with—

(i) an application for support for an earlier year of the current course, or

(ii) an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning 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 distance learning 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 distance learning student in connection with—

(i) an application for support for an earlier year of the current distance learning course; or

(ii) an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning 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 distance learning 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 distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning 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 distance learning 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 distance learning student in connection with—

(i) an application for support for an earlier year of the current distance learning course; or

(ii) an application for support in connection with a designated distance learning course or other designated course from which A’s status as an eligible distance learning student or eligible student has been transferred to the current distance learning 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 distance learning 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 distance learning student in connection with an application for support for an academic year of a designated distance learning course, and

(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 distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support.

(13) Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Department determined that the person was an eligible student or eligible part-time student, as the case may be, before 21st September 2007.

(14) An eligible distance learning student may not, at any one time, qualify for support for—

(a) more than one designated distance learning course;

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

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

(e) a designated distance learning course and a designated Master’s, etc. course.

Students becoming eligible during the course of the academic year

106

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

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

(b) a protected category event which results in a student becoming an eligible distance learning 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 occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student,

the student may qualify for a fee grant in accordance with this Part in respect of that academic year;

(d) a fee grant is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”.

(2) Subject to paragraph (2)(d) where—

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

(b) a protected category event which results in a student becoming an eligible distance learning 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 occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student,

the student may qualify for a distance learning fee loan in accordance with this Part in respect of that academic year;

(d) a distance learning fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(3) Subject to paragraph (3)(d) where—

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

(b) a protected category event which results in a student becoming an eligible distance learning 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 (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year,

the student may qualify for a grant for books, travel and other expenditure in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs;

(d) a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

(4) Subject to paragraph (4)(d) where—

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

(b) a protected category event which results in a student becoming an eligible distance learning 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 (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year,

the student may qualify for disabled distance learning students’ allowance in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs;

(d) a disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the event in question occurs.

Designated distance learning courses

107

(1) A course is designated for the purposes of Article 3(1) of the Order and regulation 105 if it is designated by the Department under this regulation.

(2) Subject to paragraph (4), the Department may designate a course under this regulation if in the Department’s opinion—

(a) the course is mentioned in Schedule 3 other than a course for the initial training of teachers or a graduate entry course ;

(b) the course is a full-time course;

(d) students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course.

(3) For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Department may disregard—

(a) any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of—

(i) registration or enrolment;

(ii) an examination;

(b) any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend , from time to time during the week or during any vacation;

(c) any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions.

(4) The Department may not designate a course as a designated distance learning course if—

(a) it falls within paragraph 7 or 8 of Schedule 3; and

(b) the governing body of a school has arranged for the provision of the course to a pupil of the school.

(5) A first degree course is not a designated course where—

(a) it leads to the award of a professional qualification;

(b) a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and

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

Period of eligibility

108

(1) A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 105.

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

(3) Subject to the following paragraphs and regulation 107, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course.

(4) The period of eligibility terminates when the eligible distance learning student (“A”)—

(a) withdraws from A’s designated distance learning course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status under regulation 116, 117, 118 or 135; or

(b) abandons or is expelled from A’s designated distance learning course.

(5) The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support.

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

(a) terminate the period of eligibility;

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

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

Support for distance learning courses

109

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

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

(i) £1,230; and

(ii) the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; ...

(aa) a distance learning fee loan, where—

(i) the fees charged by the academic authority in respect of an academic year of the designated distance learning course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 110; or

(ii) it has been determined in accordance with regulation 110 that no grant is payable under sub-paragraph (a); or

(iii) the eligible distance learning student does not apply for the grant mentioned in sub-paragraph (a); and

(b) a grant not exceeding £265 for books, travel and other expenditure in connection with the designated distance learning course.

(1A) A distance learning fee loan is administered in accordance with regulation 110A.

(2) An eligible distance learning student does not qualify for support under paragraph (1)(b) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An eligible distance learning student does not qualify for support under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year.

(4A) A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Department considers that the student is undertaking the course outside the United Kingdom or the Republic of Ireland.

(4B) Paragraphs (4) and (4A) 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.

(4C) For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-

(a) A,

(b) A’s spouse or civil partner,

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

is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.

(5) An eligible distance learning student does not qualify for support under paragraphs (1)(a) or (b) if the student has undertaken one or more distance learning courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).

(6) The loans and grants are—

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

(b) a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act[^f00057]; or

(c) a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980[^f00058].

(6A) An eligible distance learning student does not qualify for a distance learning fee loan under paragraph (1)(aa) if—

(a) the student has undertaken one or more distance learning courses for sixteen years in aggregate; and

(b) the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6).

(7) Subject to paragraphs (8) and (9), an eligible distance learning student does not qualify for support under this regulation if—

(a) the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or

(b) the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current distance learning course before 1st September 2009.

(8) Where paragraph (9) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009.

(9) This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 116 from a course which began before 1st September 2009.

Amount of support

110

(1) Subject to paragraph (2) and regulation 116(6), the amount of support payable in respect of an academic year is determined as follows—

(a) if at the date of the eligible distance learning student’s application the student or the student’s partner is entitled—

(i) under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00059] to income support or housing benefit;

(ii) under Part II of the Jobseekers (Northern Ireland) Order 1995[^f00060] to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950[^f00061] to training allowance or training premium; ...

(iii) under Part 1 of the Welfare Reform Act (Northern Ireland) 2007[^f00062] to an income-related employment and support allowance; or

(iv) to universal credit;

the maximum amount of support available under regulation 109(1) is payable;

(b) where the relevant income is less than £16,843, the maximum amount of support available under regulation 109(1) is payable;

(c) where the relevant income is £16,843, the maximum amount of support available under regulation 109(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109(1)(a);

(d) where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is the amount determined in accordance with paragraph (2);

(e) where the relevant income is £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is £50;

(f) where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 109(1)(b) is payable and no support is payable under regulation 109(1)(a);

(g) where the relevant income is £26,030 or more but less than £28,067, the amount of support payable under regulation 109(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no support is payable under regulation 109(1)(a);

(h) where the relevant income is £28,067, the amount of support payable under regulation 109(1)(b) is £50, and no support is payable under regulation 109(1)(a);

(i) where the relevant income exceeds £28,067, no support is payable under regulation 109(1).

(2) Where paragraph (1)(d) applies, the amount of support payable under regulation 109(1)(a) is determined by deducting from the maximum amount of support available under regulation 109(1)(a) one of the following amounts—

(a) £50 plus a further £1 for each complete £7.59 by which the relevant income exceeds £16,843; or

(b) where the actual fees are less than £1,230, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,230 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109(1)(a) is payable).

Interpretation of regulation 110

111

(1) For the purposes of regulation 110—

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

(i) the spouse of an eligible distance learning student;

(ii) the civil partner of an eligible distance learning student;

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

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

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

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

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

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

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

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

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

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

(4) In this regulation—

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

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

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

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

(f) “income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002[^f00063];

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

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

Disabled distance learning students’ allowance

112

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

(1A) 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;

(2) An eligible distance learning student does not qualify for the grant under this regulation 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An eligible distance learning student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year .

(4A) A student qualifying for a grant under this regulation will no longer qualify for the grant if the Department considers that the student is undertaking the course outside the United Kingdom.

(4B) Paragraphs (4) and (4A) 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.

(4C) For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-

(a) A,

(b) A’s spouse or civil partner,

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

is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.

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

(6) The amount of grant under this regulation 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.

(7) Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year....

(8) Where regulation 106(4) applies, a student may qualify for the grant under this regulation in respect of—

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

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

Applications for support

113

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

(2) The application must be accompanied by—

(a) a declaration under regulation 114 completed by the academic authority; and

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

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

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

(5) The general rule is that the application must reach the Department within a period of nine months beginning with the first day of the academic year of the course in respect of which it is submitted.

(6) The general rule does not apply where—

(a) an event falling within regulation 106 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;

(aa) the applicant is applying for an additional amount of the distance learning fee loan under regulation 110A(3) or (9), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;

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

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

Declarations provided by academic authorities

114

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

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

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

(a) where the applicant is applying for assistance under regulation 109(1)(a) or (b) in connection with the designated distance learning course for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated distance learning course;

(b) where the applicant is applying for assistance under regulation 109(1)(a) or (b), other than for the first time, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support ;

(c) where the applicant is applying for a distance learning fee loan in connection with any academic year of the designated distance learning course, a statement that—

(i) provides the course information; and

(ii) confirms that the applicant has undertaken at least two weeks of the designated distance learning course.

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

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

(b) certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Northern Ireland; and

(c) in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability.

Information

115

Schedule 4 deals with the provision of information.

Transfer of status

116

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

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

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

(2) The grounds for transfer are—

(a) the eligible distance learning student starts to undertake another designated distance learning course at the institution;

(b) the eligible distance learning student starts to undertake a designated distance learning course at another institution; or

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

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

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

(5) An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 109(1)(b) or regulation 112 in connection with the academic year of the course to which the student transfers.

(6) Where a student transfers under paragraph (1), the maximum amount of support under regulation 109(1)(a) in respect of the academic years to and from which the student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109.

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

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

117

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

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

(b) the period of eligibility has not terminated.

(2) The following applies to a student who transfers under paragraph (1)—

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

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

(c) where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students’ allowance payable for that purpose is reduced ... by the amount of grant paid to the student for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d) where immediately before the student became an eligible distance learning student the student was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which the student was entitled, the student may apply for such a loan or such additional amount of loan as if the student had continued to be an eligible student; and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

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

(4) This paragraph makes provision for fee loan and distance learning fee loan where a student (“A”) transfers under paragraph (1)—

(a) no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible distance learning student;

(b) any fee loan to which A was entitled under Part 4 immediately before A became an eligible distance learning student is ignored in determining the amount of distance learning fee loan to which A may be entitled in respect of that year under this Part;

(c) where the designated distance learning course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of distance learning fee loan to which A would, apart from this regulation, be entitled to borrow in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where A became an eligible distance learning student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and

(d) where the academic year of the designated distance learning course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of distance learning fee loan to which A would be entitled to borrow in connection with that academic year, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of –

(i) £3,738.75; and

(ii) 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.

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

118

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

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

(b) the period of eligibility has not terminated.

(2) The following applies to a student who transfers under paragraph (1)—

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