29.—(1) Subject to and in accordance with the following paragraphs, an eligible part-time student shall be eligible for a loan 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, if the Department is satisfied that he intends to enter employment after he has completed his part-time course or such other higher education course which he intends to start attending immediately after completing his present course, disregarding any intervening vacation.
(2) An eligible part-time student shall not be eligible for a loan if he holds a first degree from an educational institution in the United Kingdom or a comparable qualification from an educational institution outside the United Kingdom.
(3) An eligible part-time student shall be eligible for a loan in respect of—
(a)an academic year during which—
(i)his course becomes a designated part-time 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
(b)any academic year which begins after the events referred to in paragraph (a)
but shall not be eligible for a loan in respect of any other academic year.
(4) An eligible part-time student who is eligible for a loan in respect of an academic year in accordance with the preceding paragraphs shall be eligible for a loan in respect of that year if—
(a)at the date of his application for the loan, he or his spouse is entitled under Part VII of the Social Security Contributions and Benefits Act (Northern Ireland) 1992(1) to income support(2), working families' tax credit(3), disabled person’s tax credit(4) or housing benefit(5); or
(b)his financial resources for the preceding financial year do not exceed £13,000.
(5) For the purposes of paragraphs (4) and (7) an eligible part-time student’s financial resources for a financial year means the aggregate of his income for that year together with the aggregate of the income for that year of any person who at the date of his application for the loan is his spouse.
(6) In calculating an eligible part-time student’s income under this regulation there shall be disregarded—
(a)£2,000 in respect of his spouse;
(b)£2,000 in respect of the only or eldest child who is dependent on him or his spouse; and
(c)£1,000 in respect of each other such child.
(7) Where the Department is satisfied that an eligible part-time student’s financial resources in the current financial year are unlikely to, or do not, exceed £13,000, it may assess that student’s eligibility for a loan under this regulation by reference to those resources in the current financial year.
(8) For the purposes of this regulation—
“child”, “dependent” and “spouse” have the meanings given to those expressions in regulation 15(10) with the substitution for references to an eligible student of references to an eligible part-time student;
“financial year” means the period of 12 months for which the income of the eligible part-time student is computed for the purposes of the income tax legislation which applies to it;
“income” means gross income from all sources;
“preceding financial year” means the most recent financial year ending before the first day of the academic year in respect of which a person’s eligibility for a loan is being assessed and “current financial year” means the financial year which includes the first day of that academic year.
1992 c. 7, as amended by the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 3 to 5, 7, 8, 10 to 12 and Schedules 1 and 2
Section 124, which provides for income support, is amended by the Jobseekers Act 1995 (c. 18), section 41 and Schedules 2 and 3 and by the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, Part IV, paragraph 28
Section 128, which provides for Working Families' Tax Credit, is amended by the Tax Credit Act 1999 (c. 10), section 1 (2) and Schedule 1, paragraphs 1(a), (b) and 2(g) and the Jobseekers Act 1995 section 41(4) and Schedule 2, paragraph 33
Section 129, which provides for disabled person’s tax credit, is amended by the Tax Credit Act 1999 section 1 (2) and Schedule 1, paragraphs 1(a) and (b) and 2(h) and by section 14(1) to (5), the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 10 (2) and (3) and 11(1), and Schedule 1, paragraph 32, the Welfare Reform and Pensions Act 1999, section 88 and Schedule 13, Part IV, the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 34 and by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 2
Section 130, which provides for housing benefit, is amended by the Local Government Finance Act 1992, section 103 and Schedule 9, paragraph 3, the Local government etc . (Scotland) Act 1994 (c. 39), section 180(1) and Schedule 13, paragraph 174(4) and by the Housing Act 1996 (c. 52), section 227 and Schedule 19, Part VI with savings (see S.I. 1997/618, Article 2 and Schedule, paragraph 4)