Education (Student Support) Regulations (Northern Ireland) 1999

PART IGENERAL

Citation and commencement

1.  These Regulations may be cited as the Education (Student Support) Regulations (Northern Ireland) 1999 and shall come into operation on 22nd April 1999.

Interpretation

2.—(1) In these Regulations—

“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(1);

“the 1998 Regulations” means the Education (Student Support) Regulations (Northern Ireland) 1998(2);

“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;

“academic year” has the meaning given to it in paragraph (6);

“accelerated course” means a course which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for a period of at least 40 weeks in the final year, being a course of two academic years' duration;

“applicant” shall be construed in accordance with regulation 6(3)(b);

“award” means an award made under the Students Awards Regulations (Northern Ireland) 1998(3) or any Regulations revoked and replaced by those Regulations;

“borrower” means a person to whom a loan has been made;

“contribution” means an eligible student’s contribution calculated in accordance with regulation 21 and Schedule 3;

“designated course” means a course designated by regulation 5 or by the Department under regulation 5;

“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4) or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations (Northern Ireland) 1987(5) or the Income Support (General) Regulations 1987(6);

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(7) as adjusted by the Protocol signed at Brussels on 17th March 1993(8);

“EEA migrant worker” has the meaning assigned to it in paragraph (5);

“eligible student” means a person whom the Department has determined is eligible for support in connection with his attendance at a course in accordance with regulation 6 or 7 and “eligibility” shall be construed accordingly;

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

“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein;

“high-cost country” means Australia, Austria, Belgium, Finland, France, Germany, Iceland, Indonesia, the Republic of Ireland, Israel, Italy, Luxembourg, the Netherlands, New Zealand, countries of the former Soviet Union, United States of America;

“higher-cost country” means Denmark, Hong Kong, Japan, Republic of Korea, Norway, Sweden, Switzerland, Taiwan;

“higher education course” means a course referred to in Schedule 2 or a postgraduate or other course the standard of which is higher than the standard of a first degree course;

“the Islands” means the Channel Islands and the Isle of Man;

“loan” means a loan towards a student’s maintenance pursuant to any regulations made under the Order, including the interest accrued on the loan and any penalties or charges made in connection with it;

“lone parent” means an eligible student who does not ordinarily live with a spouse or with another person as a spouse, and who has a dependant or dependents within the meaning of regulation 15(10);

“Metropolitan Police District” means the areas referred to in section 76 of the London Government Act 1963(9) disregarding any amendment after these regulations are made;

“old award” means an award made in respect of a person’s attendance at a specified course the first year of which begins before 1st September 1998, or begins on or after that date and before 1st September 1999 if the person meets the conditions referred to in the Students Awards Regulations (Northern Ireland) 1998 Regulation 8(4)(10);

“the Order” means the Education (Student Support) (Northern Ireland) Order 1998;

“periods of work experience” has the meaning given to it in regulation 5(4);

“quarter”, in relation to an academic year, means one of the periods in that year from 1st January to 31st March, 1st April to 30th June, 1st July to 31st August, or 1st September to 31st December;

“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951(11) as extended by the Protocol thereto which entered into force on 4th October 1967(12) and any reference to the child of a refugee includes a reference to a step-child;

“relevant institution of higher education in the Republic of Ireland” means an institution listed in Part II of Schedule 4 to the Students Awards Regulations (Northern Ireland) 1998;

“responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or police officer;

“sandwich course” has the meaning given to it in regulation 5(3);

“statutory award” means any award made or grant paid by virtue of the Order (except a maintenance allowance payable under the Maintenance Allowances (Pupils over Compulsory School Age) Regulations (Northern Ireland) 1996)(13) and includes any comparable award or grant or other payment made in respect of attendance at a course which is paid out of public funds;

“student loan account number” means the account number assigned by the lender to a loan made under the Order, the Education (Student Loans) (Northern Ireland) Order 1990(14), the Teaching and Higher Education Act 1998(15), the Education (Student Loans) Act 1990(16), or the Education (Scotland) Act 1980(17);

“support” means financial support by way of grant or loan made by the Department pursuant to regulations made under the Order;

“transitional award” means an award made under the 1986 Order which is a transitional award within the meaning of the Students Awards Regulations (Northern Ireland) 1998.

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

(a)his current course; or

(b)a previous designated course which, disregarding any intervening vacation, the student was attending immediately before attending his current course shall be considered to be ordinarily resident in the place from which he moved.

(3) For the purposes of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971(18), a person shall be treated as ordinarily resident in the United Kingdom, and the Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child, is, or was temporarily employed outside the United Kingdom and the Islands or, as the case may be, outside the European Economic Area and paragraph 8(c) of Schedule 1 shall not apply in the case of such a person.

(4) For the purposes of these Regulations an area which—

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

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

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

(5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom—

(a)under Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community(19), as extended by the EEA Agreement; or

(b)in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.

(6) In these Regulations “academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin attending the course during August or September and to continue attending through the autumn the academic year of the course shall be considered to being in the autumn rather than the summer.

Revocations and transitional provisions

3.—(1) The 1998 Regulations shall be revoked on 1st September 1999.

(2) The 1998 Regulations shall apply to the making of loans to students in relation to an academic year which begins before 1st September 1999, and these Regulations shall apply in relation to the provision of support in connection with attendance at a course during an academic year which begins on or after 1st September 1999, whether anything done under either Regulations is done before or after 1st September 1999.

(3) Accordingly the revocation of the 1998 Regulations shall not affect their continued operation after 1st September 1999 for the purpose of the making of any loans thereunder as referred to in paragraph (2).

(4) If the first academic year of a course began before 1st September 1999 the requirement in regulation 6(2) that an application form be received not later than four months after the beginning of the course shall be treated as a requirement that it be received not later than sixteen months after the beginning of the course.

(5) Where the Department is satisfied that the certificate or the passport and supporting letter required to be produced by regulation 6(4) were produced by the applicant in support of an application for—

(a)a transitional award which was made to him; or

(b)a loan under the 1998 Regulations which he received,

that requirement shall not apply.

(6) Notwithstanding any other provision of these Regulations, where—

(a)a person attends a course in respect of which a transitional award was made to him; or

(b)no award was made but a transitional award would have been made to him if he had applied for an award and his resources had not exceeded his requirements,

he shall be eligible for support by way of a grant under Parts III and IV in connection with his attendance at the course, or in connection with his attendance at any subsequent course to which the award (either made or which would have been made) would have been transferred if transitional awards provided for payments after the first year of a course, but unless paragraph (7) applies he shall only be eligible for support by way of loan under Part V if he satisfies the conditions for eligibility in these Regulations.

(7) Notwithstanding any other provision of these Regulations where any person received or was eligible to receive a loan in relation to an academic year of a course under the 1998 Regulations he shall be eligible for support by way of loan under Part V in connection with his attendance at the course, or any subsequent designated course which (disregarding any intervening vacation) he starts attending immediately after ceasing to attend that course, but unless paragraph (6) applies he shall only be eligible for support by way of grant under Parts III and IV if he satisfies the conditions for eligibility in these Regulations.

(8) If the eligibility of a person mentioned in paragraph (6) in respect of any course is transferred under regulation 7, regulation 10(9) shall apply but only where the necessary recommendation or consent to the transfer is given later than four months after the end of the first academic year of the course.

(9) Where under the 1998 Regulations a person received or was eligible to receive a loan in relation to an academic year of a part-time course of initial training for teachers he shall be eligible for support by way of loan under Part V calculated in accordance with these Regulations, except that where regulation 12(3)(b) applies regulation 18(12) shall not apply, and for the amounts referred to in regulation 18(1) and (2) there shall be substituted for the amounts in column one the corresponding amounts in column two:

(10) Regulations 11 to 14 of the 1998 Regulations shall apply to loans made under the 1998 Regulations or under these Regulations until 1st September 1999, and Part VIII of these Regulations shall apply to such loans on and after 1st September 1999.

PART IIELIGIBILITY

Eligible students

4.—(1) Subject to and in accordance with these Regulations a person shall be eligible for support in connection with his attendance at a designated course if he is a person mentioned in Schedule 1.

(2) A person shall not be eligible under this regulation if—

(a)an award made to him in respect of his attendance on the course is an old award unless it is an award made to him under regulation 8(4)(e) of the Student Awards Regulations (Northern Ireland) 1998, or where no award was made an award would have been an old award if it had been made;

(b)he is eligible for a loan in relation to an academic year of the course under the Education (Student Loans) (Northern Ireland) Order 1990 or the Education (Student Loans) Act 1990;

(c)there has been made to him or paid to him in relation to his attendance on the course—

(i)a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(20) or section 63 of the Health Services and Public Health Act 1968(21) the amount of which is not calculated by reference to his income; or

(ii)any allowance under the Nursing Midwifery Student Allowances (Scotland) Regulations 1992(22);

(d)he is in breach of any obligation to repay any loan;

(e)he has not ratified any agreement for a loan made with him when he was under the age of 18; or

(f)he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive support.

(3) For the purposes of paragraph (2)(d) and (e) “loan” means a loan made under the Teaching and Higher Education Act 1998, the Education (Student Loans) Act 1990, the Education (Student Loans) (Northern Ireland) Order 1990, the Education (Scotland) Act 1980 and regulations made thereunder, the Education (Student Support) (Northern Ireland) Order 1998 and regulations made thereunder.

(4) Paragraph (2)(e) shall only apply in a case where the agreement for a loan is subject to the law of Scotland if it was made—

(a)before 25th September 1991; and

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

Designated courses

5.—(1) A course shall be designated for the purposes of Article 3(1) of the Order and regulation 4(1) if it is—

(a)mentioned in Schedule 2;

(b)either a full-time course or a part-time course for the initial training of teachers;

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

(d)wholly provided by—

(i)an educational institution or institutions in the United Kingdom which are maintained or assisted by recurrent grants out of public funds; or

(ii)such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom.

(2) For the purposes of these Regulations a full-time course is a sandwich course or a course—

(a)which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere)—

(i)in the case of a course of one academic year’s duration, for a period of at least 24 weeks; and

(ii)in the case of a course of two or more academic years' duration, for a period of at least 24 weeks in each academic year except the final year and of at least eight weeks in the final year; and

(b)the nature of which is such that a person undertaking it would normally be required to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) for the year.

(3) For the purposes of these Regulations a sandwich course is a course, other than a course for the initial training of teachers referred to in paragraph 4 of Schedule 2, consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purposes of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.

(4) For the purposes of these Regulations “periods of work experience” means—

(a)periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution; and

(b)in the case of a course which includes the study of one or more modern languages for not less than one half of the time spent studying on the course and which includes periods of residence in a country whose language is a language of the course, such periods of residence during which the student is employed.

(5) For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.

(6) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college of a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.

(7) For the purposes of paragraph (1) an institution shall not be regarded as maintained or assisted by recurrent grants out of public funds by reason only that it receives public funds from the governing body of a higher education institution in accordance with section 65(3A) of the Further and Higher Education Act 1992(23).

(8) For the purposes of these Regulations a course the standard of which is not higher than a first degree course which leads to a qualification as a medical doctor, a dentist, a veterinary doctor, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.

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

Applications for financial support

6.—(1) A person shall apply for support in connection with his attendance on a course by completing and submitting to the Department an application (“a support application”) in such form as it may require, but which shall include a declaration signed by the student that—

(a)the particulars given in the form are correct to the best of his knowledge and belief;

(b)he will notify the Department of any change in them which might affect his eligibility for support; and

(c)he will if required to do so repay to the Department any amount paid to him which, for whatever reason, exceeds the amount of support to which he is entitled under these Regulations.

(2) Subject to paragraph (3), a support application must reach the Department not later than four months after the first day of the course to which it relates.

(3) Where—

(a)the course to which a support application relates becomes a designated course after the first day of the course, the application must reach the Department not later than four months after the date on which the course was designated;

(b)the student making an application under paragraph (1) (“the applicant”), or his spouse or parent, is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of the course, his application must reach the Department not later than four months after the date of recognition or the date leave was granted respectively;

(c)the applicant is not a student mentioned in paragraph 7 of Schedule 1 on the first day of the course but as a result of the accession of the State of which he is a national to the European Community he becomes such a student, his application must reach the Department not later than 4 months after the date of the accession;

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

(4) An applicant shall demonstrate his eligibility for support by providing such evidence as the Department may require.

(5) Without prejudice to the generality of paragraph (4) an applicant shall produce—

(a)if he was born in the United Kingdom, a certificate issued by the appropriate authority showing the place and date of his birth; or

(b)if he was born outside the United Kingdom, a valid passport, unless he is a refugee or does not hold one, and in any event a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his full name on birth.

(6) The Department may take such steps and make such inquiries as it considers necessary to determine whether an applicant is eligible for support.

(7) If the Department considers that an applicant is eligible for support it shall notify him of that fact, and thenceforth the student shall be an “eligible student” for the purpose of these Regulations.

(8) An eligible student shall demonstrate his eligibility for a particular grant or loan under these Regulations, and the amount of such grant or loan to which he is entitled, by providing such evidence as the Department may require, and the Department may take such steps and make such inquiries as it considers necessary to determine whether the eligible student is eligible for a particular grant or loan and the amount to which he is entitled.

(9) If the Department considers that an eligible student is eligible for a particular grant or loan it shall notify him of than fact and the amount to which the Department considers he is entitled.

Transfers of eligibility

7.—(1) An eligible student may request that the Department transfer his eligibility in any case where—

(a)on the recommendation of the academic authority for the institution he is attending an eligible student starts to attend another course at the institution;

(b)with the written consent of the academic authorities of both institutions concerned, given on educational grounds, an eligible student attending a course at one institution starts to attend a course at another institution;

(c)after commencing a course for the Certificate in Education, an eligible student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;

(d)after commencing a course for the degree (other than an honours degree) of Bachelor of Education an eligible student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or

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

(2) Subject to paragraphs (3) and (5) the Department, on being satisfied—

(a)that the eligible student concerned falls within one of the cases prescribed by paragraph (1); and

(b)that the second course mentioned in the case in question is a designated course,

shall transfer the eligible student’s eligibility, and thenceforth the eligible student shall for all purposes be an eligible student in connection with his attendance at the second course, whether or not he may have been eligible for support if he had applied therefor under regulation 6.

(3) The Department may, after consulting the academic authority concerned, refuse to transfer the eligibility under paragraph (2) of any student falling within a case prescribed by paragraph (1)(a) or (b) if it is satisfied that, when the student applied for support, he did not intend to complete the course to which his application related.

(4) For the purposes of the duty of the Department to transfer the eligibility of any student falling within a case prescribed by paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses mentioned in the case in question are provided by the same institution.

(5) An eligible student’s eligibility for support may not be transferred after it was expired or been terminated under regulation 8.

Termination of eligibility

8.—(1) Subject to paragraph (2) an eligible student shall cease to be eligible for support on the expiry of the period ordinarily required for the completion of the course to which the eligibility relates, and accordingly he shall then cease to be an eligible student.

(2) The Department may before or after an eligible student ceases to be an eligible student under paragraph (1) determine that he shall continue to be eligible for support for such further period after the expiry of the period referred to in that paragraph as it specifies, and accordingly, he shall be or be considered to have been an eligible student from the beginning of the period referred to in paragraph (1) to the end of the further period determined under this paragraph.

(3) Where an eligible student has withdrawn from a course in circumstances where the Department has not transferred or will not transfer his eligibility to another course under regulation 7, or has abandoned or been expelled from his course, the Department shall determine that he is no longer eligible for support, and on such determination he shall then cease to be an eligible student.

(4) Where an eligible student has shown himself by his conduct to be unfitted to receive support the Department may determine that he is no longer eligible for support, and on such determination he shall then cease to be an eligible student.

Information

9.—(1) Every applicant and every eligible student shall as soon as reasonably practicable after he is requested to do so provide the Department with such information as the Department considers necessary for the exercise of its functions under these Regulations.

(2) Every applicant and every eligible student shall forthwith inform the Department if any of the following occurs, and provide it with the particulars thereof, that is to say—

(a)he withdraws from, abandons or is expelled from the course to which his eligibility relates or is intended to relate “the relevant course”;

(b)he transfers from the relevant course to another course, at the same or a different institution, whether or not that other course is a designated course;

(c)he ceases to attend the relevant course and does not intend to or is not permitted to return for the remainder of the academic year;

(d)he is absent from the relevant course for more than 60 days due to illness, or is absent from his course for any period for any other reason;

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

(f)his home or term time address or telephone number changes.

(3) If the Department is satisfied that an eligible student has willfully failed to comply with any requirement under this regulation to provide information or has provided information which the student knows to be false in a material particular or has recklessly provided information which is false in a material particular it may determine that the student shall—

(a)no longer be eligible for any support; or

(b)not be eligible for any particular support or particular amount of support as it considers appropriate in the circumstances.

PART IIIGRANTS FOR FEES

Eligibility for Grants for Fees

10.—(1) Subject to the following paragraphs and regulation 11 an eligible student shall in respect of each academic year be eligible for a grant for fees equal to the aggregate of any fees payable by him in respect of, or otherwise in connection with, his attendance on the course (“the present course”), including admission, registration, tuition and graduation fees, but excluding—

(a)fees payable to an institution for awarding or accrediting any qualification where the institution does not provide the whole or part of the course and is not a publicly-funded institution;

(b)fees payable for board and lodging;

(c)fees payable for field trips (including any tuition element of such fees); and

(d)fees payable for attending any graduation or other ceremony.

(2) Subject to paragraph (3) an eligible student shall not be eligible for a grant under this regulation if he has previously attended any full-time higher education course (“the previous course”) provided by—

(a)an institution in the United Kingdom which was at or before the time the course was provided maintained or assisted by recurrent grants out of public funds; or

(b)an institution in the United Kingdom or a university or relevant institution of higher education or a private institution in the Republic of Ireland in respect of his attendance at which a scholarship, exhibition, bursary, grant, allowance or award of any description which was available to defray fees mentioned in paragraph (1) was paid out of public funds or funds attributable to public funds, by any person or body, public or private.

(3) For the purposes of this regulation a course is not a previous course if it is—

(a)the present course; or

(b)any course in connection with the eligible student’s attendance at which he was determined to be eligible for support and that eligibility was transferred as a result of one or more transfers under regulation 7 to the present course.

(4) Paragraph (2) shall not apply where—

(a)the present course is a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 the duration of which does not exceed two years (a part-time course being treated as its full-time equivalent) and the eligible student has not previously attended a course referred to in paragraph (2) the successful completion of which results in the person completing it being a qualified teacher within the meaning of section 218(2)(a) of the Education Reform Act 1988(24) or eligible to be employed as a teacher under Article 70(1) of the 1986 Order(25);

(b)the eligible student has previously attended—

(i)only one course referred to in paragraph (2); and

(ii)the period of attendance for that course did not exceed one academic year; or

(c)the aggregate duration of the previous course or courses did not exceed two academic years.

(5) Where paragraph (4)(c) applies the Department may determine that the eligible student concerned shall not be eligible for grant for fees in respect of any academic year of the present course other than—

(a)a year which is the only year of the course;

(b)the final year of a course of two or three year’s duration; or

(c)the number of final years of a course which is two years less than its duration.

(6) In this regulation any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course (in the case of a sandwich course ignoring periods of experience) but for the purposes of paragraph 4(c) if a student with the consent of the academic authority or authorities concerned—

(a)ceases to attend one course without completing it; and

(b)starts to attend another course at the same or another institution,

the duration of the course shall be treated as the aggregate of the period spent following the first course and the period which the student in question would ordinarily require for the completion of the second course, in the case of either course being a sandwich course ignoring any periods of experience.

(7) An eligible student shall not be eligible for a grant for fees in respect of an academic year if—

(a)in relation to that year he is eligible to receive any payment under a bursary or award of similar description made to him under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or under Section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income; or

(b)eligible to receive a maintenance award under the Students' Allowances (Scotland) Regulations 1996(26) in relation to his attendance on a course leading to a qualification that is appropriate for entry into one of the health care professions other than as a medical doctor or dentist; or

(c)he is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS(27) and—

(i)his course is a course referred to in regulation 5(1)(d); and

(ii)all the periods of study during the academic year are at an institution outside the United Kingdom.

(8) Where an eligible student repeats—

(a)the first year or part of the first year of his course more than once; or

(b)any part of his course other than the first year or part of the first year of his course,

the Department may determine that he shall not be eligible for grant for fees in respect of the academic year during which the student repeats.

(9) Where the eligibility of an eligible student is transferred under regulation 7(1)(a) or (b) and—

(a)the necessary recommendation or consent to the transfer is given after the first day on which students were ordinarily required to start attending the second academic year of the course which the student originally attended (“the first course”);

(b)the Department is satisfied after consulting the academic authority or authorities concerned that the recommendation or consent was given after the expiry of the period mentioned not only because the student was required to apply through a clearing admission system; and

(c)the Department is satisfied after consulting the academic authority or authorities concerned that the period from the beginning of the first academic year of the first course to the end of the final academic year of the course which he now attends (“the second course”) exceeds the duration of the first course or the second course, whichever is the longer,

the student shall not be eligible for grant for fees in respect of the number of academic years which is the difference between the above-mentioned period and the above-mentioned duration.

(10) For the purposes of paragraph (9)—

(a)the final academic year of the second course shall be the academic year during which the student is expected to complete the course;

(b)in determining the period referred to in that paragraph there shall be included vacations, but not periods of experience which form part of a sandwich course;

(c)the duration of a course shall be the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring periods of experience; and

(d)a difference which is less than a whole academic year shall be treated as a whole academic year.

(11) The academic years in respect of which the eligible student shall not be eligible for grant for fees in accordance with paragraph (9) shall be the first academic year or years of the second course which the student attends.

(12) An eligible student shall be eligible for a grant for fees in respect of—

(a)any academic year before the expiry of three months from the beginning of which—

(i)his course becomes a designated course;

(ii)he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1; or

(iii)he becomes a student mentioned in paragraph 7 of Schedule 1 as a result of the accession of the State of which he is a national to the European Community; and

(b)any academic year which begins after the events referred to in paragraph (a),

but shall not be eligible for a grant for fees in respect of any other academic year.

Maximum amounts of grants

11.  The amount of grant for fees for which a student is eligible under this Part in respect of an academic year shall not exceed—

(a)in the case of a course undertaken at the Pontifical College, Maynooth, or at the Royal College of Surgeons in Ireland for which the student is in receipt of a transitional award, or in the case of a course not covered by any other paragraph, £1,025, but where the final year of the course if ordinarily required to be completed after less than 15 weeks' attendance, £510;

(b)in the case of a course at an institution which is neither maintained not assisted by recurrent grants out of public funds, £960;

(c)where during the academic year of a sandwich course any periods of full-time study are in aggregate less than 10 weeks, £510;

(d)where during the academic year of a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 any periods of full-time study are in aggregate less than 10 weeks, £510;

(e)where during the academic year of a course provided in conjunction with an overseas institution the periods of full-time study at the institution in the United Kingdom are in aggregate less than 10 weeks, £510;

(f)in the case of a sandwich course or a course provided in conjunction with an overseas institution where the periods of full-time study at the institution in the United Kingdom are 10 weeks or more, but in respect of the academic year and any previous academic years the aggregate of any one or two periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks, £510;

(g)subject to sub-paragraph (h), in the case of a course at a university or relevant institution of higher education in the Republic of Ireland, an amount specified by the Department in writing;

(h)in the case of a student who has been awarded a transitional award in respect of a course undertaken at the Pontifical College, Maynooth, or at the Royal College of Surgeons in Ireland—

(i)£855 in the case of a course which is not covered by any other sub-paragraph;

(ii)£1,770 in the case of a course a substantial component of which consists of work in a laboratory or workshop, or the pre-clinical elements of courses in medicine;

(iii)£3,985 in the case of the clinical training elements of courses in medicine.

(i)in the case of a full-time course at the Union Theological College, Belfast, the Edgehill College, Belfast, the Irish Baptist College, Belfast, or the Belfast Bible College, Belfast, the degrees of Bachelor of Divinity, Bachelor of Theology or the Diploma in Theology of Queen’s University, Belfast, a first and second instalment of £618 and a third instalment of £619.

PART IVGRANTS FOR LIVING COSTS

Eligibility for grants for living costs

12.—(1) Subject to and in accordance with the following regulations an eligible student shall be eligible for grant for living costs under this Part in respect of his attendance at a course during any academic year if he is—

(a)under the age of 50 on the first day of the first academic year of the course; or

(b)aged 50 or over and under the age of 55 on that day, if the Department is satisfied that he intends to enter employment after he has completed his course.

(2) An eligible student shall not be eligible for grant for living costs under this Part if he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.

(3) An eligible student shall not be eligible for grant for living costs under this Part in respect of his attendance at a course during any academic year—

(a)during which he is eligible to receive any payment under a bursary or award of similar description made to him under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 or Section 63 of the Health Services and Public Health Act 1968 the amount of which is calculated by reference to his income; or

(b)where the course leads to a qualification that is appropriate for entry into one of the health care professions other than as a medical doctor or dentist and he is eligible to receive a maintenance award under the Students' Allowances (Scotland) Regulations 1996 in relation to his attendance on the course; or

(c)where the course is for the initial training of teachers referred to in paragraph 4 of Schedule 2 and during it the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks.

(4) With the exception of grant under regulation 14 an eligible student shall not be eligible for grant for living costs under this Part in respect of his attendance at a sandwich course during any academic year where the periods of full-time study are in aggregate less than 10 weeks and the periods of experience are not—

(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 public body in the United Kingdom or the Republic of Ireland acting in the exercise of its function relating to health, welfare or the care of children and young persons or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or the Republic of Ireland;

(c)unpaid service in the prison or probation and aftercare service in the United Kingdom or the Republic of Ireland;

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

(e)unpaid service with—

(i)a Health Authority established pursuant to section 8 of the National Health Service Act 1977(28) or a Special Health Authority established pursuant to section 11 of that Act(29);

(ii)a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(30); or

(iii)a health and social services board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(31);

(iv)a Health and Social Services Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(32).

(5) An eligible student shall be eligible for a grant for living costs under this Part in respect of his attendance at a course during an academic year—

(a)where—

(i)his course becomes a designated course during that year; or

(ii)he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 during that year; or

(b)which begins after the events referred to in paragraph (a) but shall not be eligible for grant for living costs in respect of any other academic year.

Grants for disabled students' living costs

13.—(1) An eligible student shall, subject to paragraph (2), be eligible for grant for living costs equal to additional expenditure which the Department is satisfied he is obliged to incur in respect of his attendance at a course by reason of a disability to which he is subject.

(2) The amount of grant payable under paragraph (1) shall not exceed, in any case, such amount as the Department considers appropriate—

(a)not exceeding £10,250 in respect of each academic year for expenditure on a non-medical personal helper;

(b)not exceeding £4,055 in respect of all the academic years during which the eligible student is eligible for support for expenditure on major items of specialist equipment, but where such payments have been made under the 1986 Order in respect of a transitional award holder the amounts of such payments shall be deducted from this maximum;

(c)for expenditure incurred—

(i)within the United Kingdom or the Republic of Ireland for the purposes of attending the institution;

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

(d)not exceeding £1,350 in respect of each academic year for any other expenditure including expenditure incurred for the purposes referred to in sub-paragraphs (a) or (b) which exceeds the specified maxima.

Grants for students who have left care

14.—(1) An eligible student—

(a)who is under the age of 21 on the first day of the course;

(b)in respect of whom a parental contribution is not applicable in accordance with Part II of Schedule 3 because he has pursuant to an order of a competent court been in custody or care or has been provided with accommodation as described in paragraph 3(1)(g) of that Schedule; and

(c)in the opinion of the Department is subject to greater financial hardship by reason of having been in custody or care or having been provided with accommodation as mentioned in sub-paragraph (b) than he would have been if he had not been in custody or care or having been provided with accommodation,

shall be eligible for such amount of grant not exceeding the amount referred to in paragraph (2) as the Department in all the circumstances considers appropriate.

(2) The maximum amount of grant for which an eligible student shall be eligible under this regulation is £100 for each week or part of a week in the academic year to which the grant relates and which—

(a)falls within the longest vacation taken; and

(b)during no part of which week the student attends his course.

Grants for dependants

15.—(1) Subject to the following paragraphs an eligible student shall, in respect of his attendance at a course during each academic year, be eligible for grant for living costs for his dependants as follows—

(a)a grant of £2,075 for only one of the following—

(i)a spouse, or

(ii)an adult dependant whose net income does not exceed £2,980, or

(iii)an only or eldest dependant child whose net income does not exceed £2,075;

(b)for each of his dependent children in respect of whom a grant is not payable under sub-paragraph (a) and whose net income does not exceed the amount of grant applicable to his age by more than £905—

(i)under the age of 11 immediately before the beginning of the academic year, a grant of £435;

(ii)then aged 11 or over, but under 16, a grant of £870,

(iii)then aged 16 or over, but under 18, a grant of £1,150,

(iv)then aged 18 or over, a grant of £1,660.

(2) The aggregate amount of grant under paragraph (1) shall be reduced by so much of the aggregate amount of the net income of the eligible student’s dependants as exceeds £905 multiplied by the number of such dependants.

(3) If an eligible student’s spouse is also an eligible student or holds a statutory award and if, in calculating the amount of support for which the spouse is eligible or payment to which he is entitled under the award, account is taken of his dependants, the aggregate amount of grant calculated under paragraphs (1) and (2) shall be reduced by one half.

(4) Where an eligible student maintains a dependant who is ordinarily resident outside the United Kingdom the grant under this regulation shall be such amount, if any, not exceeding the aggregate amount of grant calculated under paragraphs (1) to (3) as the Department considers reasonable in all the circumstances.

(5) Where an eligible student with dependants maintains a home for himself and a dependant at a place other than that at which he resides while attending the course he shall in addition to any grant referred to in the preceding paragraphs be eligible for a grant of £720.

(6) Where an eligible student is a lone parent he shall in addition to any grant referred to in the preceding paragraphs be eligible for a grant of £1,025.

(7) Where the number of an eligible student’s dependants changes during an academic year the Department shall determine who the student’s dependants are for each of the three quarters of the academic year in respect of which instalments of grant are paid under regulation 24(2) by reference to the student’s circumstances during the relevant quarter.

(8) Where the Department has determined the number and identity of the dependants of an eligible student in relation to a quarter under paragraph (7) the grant in respect of the dependants for the quarter shall be one-third of the amount of grant for those dependants in respect of an academic year and the amount of grant in respect of the academic year shall be the aggregate of the three amounts so determined.

(9) Where an eligible student is eligible for a grant for living costs in respect of an academic year under regulation 12(5)(a) he shall only be eligible for a grant under this regulation in respect of such of the three quarters of the academic year in respect of which instalments of grant are paid under regulation 24(2) as begin after the events referred to in regulation 12(5)(a) and, subject to paragraphs (7) and (8), the grant for each such quarter shall be one-third of the amount in respect of the academic year and the amount for the academic year shall be the aggregate of the amounts payable in respect of each such quarter.

(10) In this regulation—

• “adult dependant” means, in relation to a eligible student, an adult person dependent on the student not being his child, his spouse (whether ordinarily living with him or not) or a person living with him as his spouse or his former spouse;

• “child” in relation to an eligible student includes a step-child and any child for whom the student has parental responsibility and who is dependent on him;

• “dependant” means, in relation to a eligible student, his spouse, his dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award;

• “dependent” means wholly or mainly financially dependent;

• “spouse” does not include an eligible student’s spouse if they have ceased ordinarily to live together, whether or not an order for their separation has been made by any court, or if the spouse is ordinarily living outside the United Kingdom and is not maintained by the student.

(11) For the purposes of this regulation a dependant’s net income shall be his income from all sources for the academic year in question 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 to which the dependant is subject which is not subject to income tax under the Income Tax Acts, or, where the income is subject to the tax legislation of another member State, which would not be subject to tax under that legislation if it made provision equivalent to those Acts;

(b)child benefit;

(c)any allowance payable to his spouse by an adoption agency in accordance with regulations made under section 59A of the Adoption (Northern Ireland) Order 1987(33);

(d)any guardian’s allowance to which his spouse is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(e)in the case of a spouse with whom a child in the care of a Health and Social Services Board or a Health and Social Services Trust is boarded out, any payment made to him in pursuance of Article 27(2)(a) of the Children (Northern Ireland) Order 1995(34);

(f)any payments made to his spouse in pursuance of an order made under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not his child or any assistance given by a Health and Social Services Board or Health and Social Services Trust pursuant to Articles 35 and 36 of that Order.

(12) Where an eligible student, or his spouse, make any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the course to which any grant under this regulation relates the spouse’s net income shall, for the purposes of this regulation, be 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 its opinion a lesser obligation could reasonably have been incurred.

Grants for travel

16.—(1) Subject to the following paragraphs, an eligible student shall in respect of each academic year be eligible for a grant equal to such reasonable expenditure which he is obliged to incur—

(a)in the case of a student attending a course in medicine or dentistry provided by any institution, a necessary part of which is a period of study by way of clinical training, for the purpose of attending in connection with his course any hospital or other premises in the United Kingdom or the Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided, but not incurred for the purpose of residential study away from the institution;

(b)within or outside the United Kingdom for the purpose of attending for a period of at least eight weeks and as a necessary part of his course an overseas institution.

(2) In determining the expenditure incurred by an eligible student there shall be disregarded the first £250 of such expenditure.

(3) For the purposes of this regulation any reference to expenditure incurred for the purpose of attending any hospital, institution or other premises—

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

(b)does not include any expenditure in respect of which grant is payable under regulation 13.

(4) Where an eligible student to whom paragraph (1)(b) applies reasonably incurs any expenditure 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 he attends the overseas institution in question he shall be eligible for additional grant under this regulation equal to the amount so incurred.

PART VLOANS FOR LIVING COSTS

Eligibility for loans for living costs

17.—(1) Subject to and in accordance with the following paragraphs and regulation 18 an eligible student shall in respect of his attendance at a course during each academic year (“the present course”) be eligible for loan for living costs if—

(a)he is under the age of 50 on the first day of the first academic year of the course; or

(b)he is aged 50 or over and under the age of 55 on that day, and the Department is satisfied that he intends either to enter employment after he has completed his course, or that he intends to start attending another higher education course immediately after completing the present course, disregarding any intervening vacation.

(2) An eligible student shall not be eligible for loan for living costs under this Part if he is a person mentioned in paragraph 7 of Schedule 1 and not in any other paragraph of that Schedule.

(3) An eligible student shall be eligible for loan for living costs under this Part in respect of his attendance at a course during an academic year—

(a)where—

(i)his course becomes a designated course during that year; or

(ii)he or his spouse or parent is recognised as a refugee or is granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 during that year; or

(b)which begins after the events referred to in paragraph (a) but shall not be eligible for loan for living costs in respect of any other academic year.

Maximum amounts of loans

18.—(1) Subject to the following paragraphs the amount of loan under this Part for living costs in respect of each academic year shall not exceed—

(a)for a student who resides at his parent’s home while attending the course, £2,875;

(b)for a student who does not—

(i)if he attends a course provided at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £4,480;

(ii)if he attends for a period of at least 8 weeks and as a necessary part of his course an overseas institution in a high cost country, £4,440 or in a higher cost country, £5,275;

(iii)otherwise £3,635.

(2) Subject to the following paragraphs the amount of loan under this Part for living costs in respect of an academic year which is the final year of a course other than an accelerated course shall not exceed—

(a)for a student who resides at his parent’s home while attending the course, £2,510;

(b)for a student who does not—

(i)if he attends a course at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £3,885;

(ii)if he attends for a period of a least 8 weeks and as a necessary part of his course an overseas institution in a high cost country, £3,865 or in a higher cost country, £4,590;

(iii)otherwise £3,150.

(3) Where an eligible student resides at his parent’s home and the Department is satisfied that in all the circumstances his parents by reason of age, incapacity or otherwise cannot reasonably be expected to support him and that it would be appropriate for the amounts referred to in paragraphs (1)(b) or (2)(b) to apply, the student shall be treated for the purpose of this regulation as if he were not residing at his parent’s home.

(4) Where an eligible student does not reside at his parent’s home but the Department is satisfied that in all the circumstances he could conveniently attend the course from his parent’s home and that it would be appropriate for the amounts referred to in paragraphs (1)(a) or (2)(a) to apply, the student shall be treated for the purpose of this regulation as if he were residing at his parent’s home.

(5) Where an eligible student is a member of a religious order who resides in a house of his order he shall be treated for the purpose of this regulation as if he were residing at his parent’s home.

(6) Where an eligible student—

(a)resides at his parent’s home for part of the period of attendance during an academic year and resides elsewhere for the remaining part of that period, or is treated as residing at his parent’s home or elsewhere under paragraphs (3) to (5) for part of that period; or

(b)attends a course at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District or at an overseas institution, for part of an academic year and a course at another institution for another part,

the Department shall determine which of the rates referred to in paragraphs (1) and (2) shall apply for each of the three quarters of the academic year in respect of which instalments of loans are payable under regulation 24(2) by reference to the student’s circumstances during the relevant quarter.

(7) Where the Department has, in any case, determined the applicable rate for each quarter under paragraph (6) the maximum amount of loan for living costs payable under this Part for any such quarter shall be one-third of the maximum amount at that rate for the academic year in question, and the maximum amount for the academic year shall be the aggregate of the three amounts so determined.

(8) Where an eligible student is eligible for loan for living costs in respect of an academic year under regulation 17(3)(a) he shall only be eligible for loan in respect of such of the three quarters of the year in respect of which instalments of loan are paid under regulation 24(2) as begin after the events referred to in regulation 17(3)(a) and, subject to paragraphs (6) and (7), the maximum loan for each such quarter shall be one-third of the amount for the academic year in question and the maximum amount for that academic year shall be the aggregate of the maximum amounts in respect of each such quarter.

(9) For the purposes of paragraphs (1) to (8) where a postgraduate course of initial training for teachers is of only one academic year’s duration that year shall not be treated as a final year.

(10) Where an eligible student has, in an academic year, attended the course to which a loan under this Part relates for a period of 30 weeks 3 days and attends for a further period in that year the amounts referred to in paragraphs (1) and (2) shall be increased for each week or part week of such attendance—

(a)for a student who resides or is treated as residing at his parent’s home, by £44;

(b)for a student who does not—

(i)if he attends a course provided by the University of London or by an institution within the area comprising the City of London and the Metropolitan Police District, by £84;

(ii)if he attends for at least 8 weeks and as a necessary part of his course at an overseas institution and the further period of attendance is required at the overseas institution, if the overseas institution is in a high cost country, by £91, if the overseas institution is in a higher cost country, by £118; or

(iii)otherwise by £63.

(11) Where an eligible student attends a course at the University of Ulster during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the amounts referred to in paragraphs (1) and (2) shall be increased for each week or part week of such attendance—

(i)for a student who resides or is treated as residing at his parent’s home, by £44;

(ii)otherwise by £63.

(12) Where an eligible student attends a course to which a loan under this Part relates for a period of not less than 45 weeks in any continuous period of 52 weeks the amounts referred to in paragraphs (1) and (2) shall be increased or further increased for each week during the 52 week period during which he did not attend by the amounts referred to in paragraph (10).

(13) Where in relation to an academic year an eligible student is not eligible for a grant for living costs by virtue of regulation 12(3) or (4) he shall be eligible for a loan for living costs under this regulation but in paragraphs (1) and (2) there shall be substituted for any amounts in column one the amount specified opposite thereto in column two.

Applications for loans

19.—(1) An eligible student who is eligible for a loan for living costs in respect of an academic year shall apply for such a loan, not exceeding the maximum amount applicable in his case, by completing and submitting to the Department an application in such form as it may require not later than one month before the end of that year.

(2) The completed form shall include among other things the following particulars—

(a)his United Kingdom national insurance number, unless he does not have one;

(b)his most recent student loan account number, if any; and

(c)the names, addresses and telephone numbers of two persons who know the student.

(3) The student shall sign a declaration on the application form that—

(a)the particulars given in the application form are correct to the best of his knowledge and belief;

(b)he will notify the Department of any change in them; and

(c)he will repay any amount lent to him, together with interest and applicable charges and penalties, in accordance with the Order and the Regulations made thereunder from time to time.

(4) In any case where—

(a)the Department determines that the maximum amount of loan which has been notified to an eligible student in relation to an academic year should be increased (including an increase from nil) as a result of a re-assessment of the student’s contribution or otherwise; and

(b)the Department considers that the increase in the maximum amount does not result from the eligible student—

(i)failing to provide information promptly which might affect his eligibility for a loan or the amount of loan for which he is eligible, or

(ii)providing information which is inaccurate in any material particular,

he may apply to borrow an additional amount which, when added to the amount already applied for, shall not exceed the maximum as so increased.

(5) An application under paragraph (4) shall be made by completing and submitting to the Department an application in such form as it may require not later than one month before the end of the academic year or one month after the date he received notice of the increase in the maximum amount under that paragraph, whichever is the later.

(6) A student making an application under paragraph (4) shall sign a declaration on the application form in the terms set out in paragraph (3).

(7) Where an eligible student who has received at least one instalment of a loan under this Part in respect of an academic year has not applied for the maximum amount of loan to which he is entitled in relation to that year under the preceding paragraphs he may apply to borrow an additional amount once only under this paragraph, which when added to the amount already applied for shall not exceed the relevant maximum applicable in his case.

(8) An application under paragraph (7) shall be made by completing and submitting to the Department an application in such form as it may require not later than one month before the end of the academic year.

(9) A student making an application under paragraph (7) shall sign a declaration on the application form in the terms set out in paragraph (3).

Hardship loans

20.—(1) An eligible student who has—

(a)applied for the maximum amount of loan in respect of an academic year;

(b)been notified of the grant of that application; and

(c)has received at least one instalment of that loan,

may apply to the Department for a determination that he is eligible for an additional loan on grounds of hardship, which shall be known as a “hardship loan”.

(2) A hardship loan shall be not less than £100 and not more than £250, and shall be a multiple of £25.

(3) An eligible student shall demonstrate his eligibility for a hardship loan by providing such evidence of his requirements and resources as the Department may require.

(4) On being satisfied that, due to exceptional financial hardship, an eligible student may not be able to continue to attend a course to which a loan under this Part relates for the remaining part of the academic year in question, the Department shall determine the amount of hardship loan which it considers the student requires, and shall notify him of the fact whereupon the student shall be eligible for a hardship loan of that amount.

(5) An eligible student who is eligible for a hardship loan shall apply for a loan not greater than the maximum amount referred to in paragraph (4) by completing and submitting to the Department an application in such form as it may require not later than one month after the date he receives notice of the determination under paragraph (4) and one month before the end of the academic year.

(6) A student who makes an application under paragraph (5) shall sign a declaration on the application form in the terms set out in regulation 19(3).

PART VIMEANS TEST

Calculation of contribution

21.—(1) An eligible student’s contribution in respect of an academic year, if any, shall be the aggregate of his income for that year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.

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

Application of contribution

22.—(1) The maximum amounts of grants or loans for which an eligible student shall be eligible shall be the amounts remaining after subtracting in accordance with this regulation his contribution from the maximum amount of any—

(a)grant for fees for which he is eligible under regulation 10, other than fees payable in respect of his attendance at a course—

(i)at an institution which is neither maintained nor assisted by recurrent grants out of public funds, or

(ii)at a course for the initial training of teachers referred to in paragraph 4 of Schedule 2 other than a course for a first degree,

(iii)at a university or relevant institution of higher education in the Republic of Ireland;

(iv)undertaken in pursuance of a transitional award, at the Pontifical College, Maynooth, or at the Royal College of Surgeons in Ireland,

(v)at the Union Theological College, Belfast, the Edgehill College, Belfast, the Irish Baptist College, Belfast, or the Belfast Bible College, Belfast;

(b)grant for dependants for which he is eligible under regulation 15;

(c)loan for living costs for which he is eligible under regulation 17, other than a loan to which a maximum amount referred to in regulation 3(9) or 18(13) applies;

(d)grant for travel costs for which he is eligible under regulation 16.

(2) Where the contribution exceeds the maximum amount of grant referred to in paragraph (1)(a) that maximum amount shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be used to reduce the maximum amount of grant referred to in paragraph (1)(b).

(3) Where—

(a)regulation 11(c), (e) or (f) applies to the grant for fees to which the student is eligible; or

(b)the student is not eligible for grant for fees in pursuance of regulation 10(7)(c),

the amount used to reduce the maximum amount of grant referred to in paragraph (1)(b) shall be calculated in accordance with paragraph (2), but it shall be assumed, for the purposes of that calculation, that the maximum amount of grant referred to in paragraph (1)(a) is £1,025 rather than the amount referred to in regulation 11(c), (e) or (f), or, in the case of a student who is not eligible for grant in pursuance of regulation 10(7)(c), rather than nothing.

(4) Where the contribution used to reduce the maximum amount of grant referred to in paragraph (1)(b) exceeds that maximum amount it shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be used to reduce the maximum amount of loan referred to in paragraph (1)(c).

(5) Subject to paragraph (6) where the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts—

(a)in the case of a student who resides at his parent’s home while attending the course, £2,155;

(b)for a student who does not—

(i)if he attends a course provided at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £3,360;

(ii)if he attends for a period of at least 8 weeks and as a necessary part of his course an overseas institution in a high cost country, £3,330, or in a higher cost country, £3,955;

(iii)otherwise, £2,725,

the maximum amount shall be reduced to that amount, and the balance of the contribution not required to reduce the amount of loan to that amount shall be available to reduce the maximum amount of grant referred to in paragraph (1)(d).

(6) Where, in any case to which this regulation applies, the academic year in question is the final year of a course other than an accelerated course and the contribution available to reduce the maximum amount of loan referred to in paragraph (1)(c) would reduce that amount to less than the following amounts—

(a)in the case of a student who resides at his parent’s home while attending the course, £1,880;

(b)for a student who does not—

(i)if he attends a course provided at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District, £2,915;

(ii)if he attends for a period of at least 8 weeks and as a necessary part of his course an overseas institution in a high cost country, £2,900, or in a higher cost country, £3,440;

(iii)otherwise by £2,360,

the maximum amount shall be reduced to that amount, and the balance of the contribution not required to reduce the amount of loan to that amount shall be available to reduce the maximum amount of grant referred to in paragraph (1)(d).

(7) Where under regulation 18(6) the Department determines that different rates shall apply for different quarters of the academic year the amount to which the maximum amount shall be reduced in accordance with paragraphs (5) or (6) shall be the aggregate of the three amounts determined under paragraph (8) for the three quarters in respect of which loan is payable.

(8) The amount for each quarter determined under this paragraph shall be one-third of the amount referred to in paragraph (5) or (6) which corresponds to the rate which the Department has determined shall be applicable for the quarter.

(9) Where the contribution available to reduce the maximum amount of grant referred to in paragraph (1)(d) exceeds that amount it shall be reduced to nil, and the balance of the contribution not required to reduce the amount to nil shall be available for the purposes of the following paragraph.

(10) Where—

(a)a balance of the contribution is available in accordance with paragraph (9); and

(b)income referred to in paragraph 1(1)(b) of Schedule 3 is taken into account in calculating the contribution,

the balance, or such part of the balance as does not exceed the amount of income taken into account as described in sub-paragraph (b), whichever is less, shall be available to reduce or further reduce the maximum amount of grant and loan for which the student is eligible in accordance with paragraph (11).

(11) The contribution available to reduce the maximum amounts of grant and loan in accordance with paragraph (10) shall be subtracted from such amounts in the following order—

(a)loan for living costs for which the student is eligible under Part V;

(b)grants for fees for which the student is eligible under Part III;

(c)grants for students who have left care under regulation 14;

(d)grants for disabled students' living costs under regulation 13.

PART VIIPAYMENTS

Payments of grants for fees

23.—(1) The Department shall pay the grant for fees for which a student is eligible in respect of any course when a valid request for payment has been received from the academic authority of the institution providing the course.

(2) A payment under paragraph (1) shall be made—

(a)not before the expiry of three months from the beginning of the academic year in question; and

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

(3) The Department may make a provisional payment for the purposes of paragraph (1) where assessment of the contribution of the student concerned, or other matters, have delayed final calculation of the amount of grant for which the student is eligible.

(4) No payment of grant for fees shall be made in respect of any course if—

(a)before the expiry of three months from the beginning of the academic year the student concerned ceases to attend the course; and

(b)the academic authority providing it has determined or agreed that the student will not commence attending again during the academic year in respect of which the fees are payable, or at all.

Payment of grants and loans for living costs

24.—(1) Subject to the following paragraphs, the Department shall pay grants for which a student is eligible under Part IV or loans for which a student has applied under Part V in such instalments (if any) and at such times as it considers appropriate; and for the purposes of such grants or loans it may in particular make provisional payments pending the final calculation of the amount of grant or loan for which the student is eligible.

(2) Grants for which a student is eligible under regulation 15 and loans for which a student has applied under Part V, other than a loan under regulation 20, shall be payable for three of the four quarters of the academic year, and no instalment shall be payable in respect of the quarter during which in the opinion of the Department the longest of any vacations is taken.

(3) The Department shall, subject to paragraphs (9) and (10) pay support referred to in paragraph (2) in the following instalments—

(a)if the first instalment is paid during the first quarter of the academic year in respect of which the support is payable it shall be paid in three equal instalments during the quarters in respect of which it is payable;

(b)if the first instalment is paid during the second quarter of the academic year in respect of which support is payable it shall be paid in two instalments during the quarters in respect of which it is payable, the first amounting to two-thirds of the amount to be paid, and the second one-third of that amount; and

(c)if the first instalment is paid during the third quarter of the academic year in respect of which the support is payable it shall be paid in one instalment.

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

(5) Subject to regulation 7 no support referred to in paragraph (2) shall be payable in respect of a quarter beginning after the student concerned has withdrawn from, abandoned or been expelled from his course.

(6) No support referred to in paragraph (2) shall be payable in respect of a course for a quarter during any part of which the student concerned is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances to pay all or part of the support.

(7) In deciding whether it would be appropriate to pay all or part of the support under paragraph (6) the circumstances which the Department shall have regard to shall include the reasons for the absence of the student concerned, the length of the absence, and the financial hardship which not paying all or part of the instalment would cause to the student.

(8) For the purposes of this regulation an eligible student shall not be considered to be absent from his course if he is unable to attend due to illness and his absence has not exceeded 60 days.

(9) Where, after the Department has made any payment of support referred to in paragraph (2), it makes a determination of the amount of grant for which the student is eligible in respect of an academic year under regulation 15 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 grant for which the student is eligible it shall pay the additional amount in instalments in accordance with paragraph (3), paying the first instalment as soon as is reasonably practicable after the determination and any subsequent instalment with instalments already payable;

(b)if the determination decreases the amount of grant for which the student is eligible—

(i)it shall subtract the amount of the decrease from any instalments of grant which remain to be paid under regulation 15, so that the instalments continue to bear the proportion to each other referred to in paragraph (3);

(ii)if the amount of the decrease is greater than the amount of grant remaining to be paid it shall reduce that amount to nil, and shall subtract from the balance any other grant for which the student is eligible in respect of the academic year; and

(iii)any remaining overpayment shall be recovered in accordance with regulation 25.

(10) Where the Department has made any payment of support referred to in paragraph (2) and a student who is eligible for a loan under Part V, other than a loan under regulation 20, applies for such a loan or applies for an additional such loan in respect of an academic year, the Department shall pay the loan or the additional loan in instalments in accordance with paragraph (3), paying the first instalment as soon as is reasonably practicable after a satisfactory application has been received and any subsequent instalment with instalments already payable.

(11) Where the Department has paid an instalment of a loan under Part V for which a student is eligible in respect of an academic year under Part V and it makes a determination that the amount of the loan for which the student is eligible under that Part is less than the amount previously determined, either by way of revision of a provisional determination or otherwise—

(a)it shall subtract such amount as is necessary to ensure that the student does not borrow an amount greater than the amount which he is eligible to borrow from any instalments of loan which remain to be paid, so that the instalments continue to bear the proportion to each other referred to in paragraph (3);

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

(c)any remaining overpayment shall be recovered in accordance with regulation 25.

Overpayments

25.—(1) Any overpayment of grant for fees under Part III shall be recovered by the Department from the academic authority of the institution providing the course to which the grant relates.

(2) Any overpayment of grant to a student for living costs under Part IV in respect of an academic year shall be recovered in one or more of the following ways as the Department considers appropriate in all the circumstances—

(a)by subtracting the overpayment from any other grant for which the student is eligible in respect of the academic year in question, or if necessary from any other grant for which he is eligible in respect of any other academic year;

(b)by subtracting the overpayment from any payment of loan for living costs under Part V which is payable to the student under regulation 24;

(c)by taking such other action for the recovery of a payment without statutory authority as is lawfully available to it.

(3) Any overpayment of a loan to a student for living costs under Part V in respect of any academic year may be recovered if in the opinion of the Department—

(a)the overpayment is a result of a failure of the student to provide promptly information which might affect his eligibility for a loan or the amount of a loan for which he is eligible; or

(b)any information which he has provided is inaccurate in a material particular,

but otherwise it shall be treated as a loan properly made under Part V which shall be repayable in accordance with the Order and Regulations made under it.

(4) Where an overpayment of loan is treated as properly made under paragraph (3) the Department may subtract the overpayment from the amount of loan for which the student is eligible in respect of any other academic year.

(5) Where an overpayment of loan to a student for living costs in respect of an academic year is recoverable in accordance with paragraph (3) it shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances—

(a)by subtracting the overpayment from the amount of loan for which the student is eligible in respect of any other academic year;

(b)by subtracting the overpayment from any grant for which the student is eligible in respect of the academic year in question, or if necessary from any grant for which he is eligible in respect of any other academic year;

(c)by taking such other action for the recovery of a payment made without statutory authority as is available to it.

PART VIIILOAN REPAYMENTS AND INTEREST

Interest

26.—(1) Subject to paragraph (2) loans shall bear interest at the rate which in relation to a loan made under these Regulations on or after 1st September 1999 will result in an annual percentage rate of charge determined in accordance with the Consumer Credit (Total Charge for Credit) Regulations 1980(35) equal to the percentage increase between the retail prices all items index published by the Office for National Statistics for March 1998 and that index so published for March 1999.

(2) If the rate referred to in paragraph (1) exceeds the rate for the time being specified for the purposes of any exemption conferred by virtue of section 16(5)(b) of the Consumer Credit Act 1974(36) loans shall bear interest at the rate so specified.

(3) Interest shall be calculated on the principal outstanding daily, and shall be added to the principal monthly.

(4) The index of prices which the Department is required by Article 3(8) of the Order to have regard to in prescribing the rate of interest which loans shall bear shall be the retail prices all items index mentioned in paragraph (1).

Repayments

27.—(1) A borrower may pay any part of or all of any monies he owes to the Department under the Order and Regulations at any time without charge or penalty.

(2) A borrower shall not be required to pay any moneys he owes before 6th April 2000.

(3) Any liability of a borrower under the Order and Regulations shall be cancelled if he—

(a)dies;

(b)is not in breach of any obligation to repay any loan and he has attained the age of 65; or

(c)receives a disability related benefit and the Department is satisfied that because of his disability he is permanently unfit for work.

(4) For the purposes of paragraph (3) “loan” has the meaning given to it in regulation 4(3).

Insolvency

28.  There shall not be treated as part of a bankrupt’s estate or claimed for his estate under Article 280 or 283 of the Insolvency (Northern Ireland) Order 1989(37) any sum payable to an eligible student by way of a loan and which he receives or is entitled to receive after the commencement of the bankruptcy, whether his entitlement arises before or after the commencement of his bankruptcy.