Education (Student Support) Regulations (Northern Ireland) 1999

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support referred to in paragraph (2) shall be payable in respect of a quarter beginning after the student concerned has withdrawn from, abandoned or been expelled from his course.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.