Education PART 1 GENERAL Citation, commencement and application 1 1 These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 and come into operation on 17th December 2009. 2 These Regulations, except regulation 3 and Schedule 1, apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2010 whether anything done under these Regulations is done before, on or after 1st September 2010. Interpretation : general 2 1 In these Regulations— “ the Order ” means the Education (Student Support) (Northern Ireland) Order 1998; “the 1986 Order ” means the Education and Libraries (Northern Ireland) Order 1986 ; “the 2005 Order ” means the Higher Education (Northern Ireland) Order 2005 ; “the 1998 Act ” means the Teaching and Higher Education Act 1998 ; “the 2017 Act” means the Higher Education and Research Act 2017; “the 1998 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 1998 ; “the 1999 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 1999 ; “the 2000 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2000 ; “the 2001 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2001 ; “the 2002 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2002 ; “the 2003 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2003 ; “the 2004 Regulations ” means the 2003 Regulations as amended by the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2004 , the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2004 , the Education (Student Support) (Amendment) Regulations (Northern Ireland) 2005 and the Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2005 ; “the 2005 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2005 ; “the 2006 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2006 ; “the 2007 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2007 ; “the 2008 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2008 ; “the 2009 Regulations ” means the Education (Student Support) Regulations (Northern Ireland) 2009 ; the 2020 Citizens’ Rights Regulations” means the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020; “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” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September of the calendar year in which the academic year of the course in question begins according to whether that academic year begins on or after 1st January and before 1st April, on or after 1st April and before 1st July, on or after 1st July and before 1st August or on or after 1st August and on or before 31st December, respectively; “accelerated course” means— where the course begins before 1st August 2019, 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; or where the course begins on or after 1st August 2019, a higher education course where the number of academic years applicable to the course is at least one fewer than would normally be the case for that course or a course of equivalent content leading to the grant of the same or an equivalent academic award; “accredited institution” means an institution accredited by the Secretary of State for Education in England under regulation 11 of the Education (School Teachers’ Qualifications) (England) Regulations 2003; “approved provider” and “approved (fee cap) provider” mean registered providers in England included in the approved and approved (fee cap) categories of the register respectively; “authority-funded” means— in relation to educational institutions in Northern Ireland, maintained or assisted by recurrent grants from the Department or the Department for Agriculture and Rural Development; ... in relation to educational institutions in Wales, maintained or assisted by recurrent grants from the Higher Education Funding Councils for Wales; and in relation to educational institutions in Scotland, maintained or assisted by recurrent grants from the Scottish Funding Council; “borrower” means a person to whom a loan has been made; ... “compressed degree course” means a course determined in accordance with paragraph (2) to be a compressed degree course; “compressed degree student” means an eligible student who— is undertaking a compressed degree course in the United Kingdom (the “course”); either— began the course on or after 1st September 2006 and is continuing on that course after 31st August 2010; or begins the course on or after 1st September 2010; and either— is required to be in attendance on the course for part of the academic year for which the student is applying for support; or is a disabled student who is not required to be in attendance on the course because the student is unable to attend for a reason which relates to that student’s disability; “contribution” means an eligible student’s contribution calculated pursuant to regulation 87 and Schedule 5; “course designation event” has the meaning given in regulation 2A(5); “course for the initial training of teachers” includes such a course leading to a first degree unless otherwise indicated but excludes an employment-based teacher training scheme; “the course start date” means the day on which the first term of the first academic year of a course actually begins; “current course” means the designated course in respect of which a person is applying for support; “current distance learning course” means the designated distance learning course in respect of which a person is applying for support; “current part-time course” means the designated part-time course in respect of which a person is applying for support; “current postgraduate course” means the designated postgraduate course in respect of which a person is applying for support; “current system student” means an eligible student— ... who— began the current course on or after 1st September 2006 and continued on that course after 31st August 2010; began the current course on or after 1st September 2010; or where the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013 or where the course mentioned in paragraph (iii) is an end-on course following on from a course that the student began before 1st September 2013 at any such institution; “Department” means the Department for the Economy; “designated course” means a course designated by regulation 6 or by the Department under regulation 6; “designated distance learning course” means a course designated by the Department under regulation 107; “designated Master’s, etc. course” means a course designated by regulation 152 or by the Department under regulation 152; “designated part-time course” means a course designated by regulation 124 or by the Department under regulation 124; “designated postgraduate course” means a course designated by regulation 141 or by the Department under regulation 141; “disabled distance learning students’ allowance” means the grant payable under regulation 112; “disabled part-time students’ allowance” means the grant payable under regulation 130; “disabled postgraduate students’ allowance” means the grant payable under Part 12; “disabled students’ allowance” means the grant payable under regulation 41; “distance learning designation event” has the meaning given in regulation 2A(6); “distance learning fee loan” means a loan for fees made to an eligible distance learning student pursuant to regulations made by the Department under Article 3 of the Order; “ Directive 2004/38 ” means Directive 2004/38 of the European Parliament and of the Council of 29th April 2004 on the rights of citizens of the Union and their family members to move and reside freely in the territory of the Member States; " EU national” means a national of a Member State of the European Community ; “electronic signature” is so much of anything in electronic form as— is incorporated into or otherwise logically associated with any electronic communication or electronic data; and purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both; “eligible distance learning student” has the meaning given in regulation 105; “eligible Master’s, etc. student” has the meaning given in regulation 149; “eligible part-time student” has the meaning given in regulation 122; “eligible postgraduate student” has the meaning given in regulation 139; “eligible student” has the meaning given in paragraph (3); “employment-based teacher training scheme” means— a scheme established by the Secretary of State for Business, Innovation and Skills whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school or other educational institution except a pupil referral unit; or a scheme established by the National Assembly for Wales or the Welsh Ministers whereby persons who are or who have been employed in a school or other educational institution except a pupil referral unit may become qualified teachers; “end-on course” means— a full-time first degree course (other than a first degree course for the initial training of teachers) beginning before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph 2 or 3 of Schedule 3 for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations ; a full-time honours degree course beginning on or after 1st September 2006 but before 1st September 2009 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations ; a course for the initial training of teachers beginning before 1st September 2006 the duration of which does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a first degree course for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations or support under the 1999, 2000, 2001, 2002, 2003, 2004 or 2005 Regulations ; a full-time first degree course beginning on or after 1st September 2009, (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time or part-time higher education course, or undertake a designated distance learning course mentioned in paragraph 2, 3, or 4 of Schedule 3 or a foundation degree course having achieved a qualification . “equivalent or lower qualification” means a qualification determined in accordance with paragraph (5) to be an equivalent or lower qualification; “Erasmus year” means an academic year of a course where a student is participating in the action scheme of the EU for the mobility of university students known as ERASMUS or in the scheme established by the Secretary of State for Education known as the Turing scheme, the student’s course is a course referred to in regulation 6(1)(e) and— ... where the course ...is provided by an institution in Northern Ireland ..., all the periods of study or work placement during the academic year are attended at an institution or workplace outside the United Kingdom (as the case may be); or where the course ...is provided by an institution in England , Scotland or Wales — at least one period of study or work placement is attended at an institution or workplace outside the United Kingdom (as the case may be); and either— in respect of that academic year the aggregate of any one or more periods of full-time study at the institution in the United Kingdom is less than 10 weeks; or in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks; “ European Community ” means the territory comprised by the Member States of the European Community as constituted from time to time; ... “fee loan” means a loan for fees made to a current system student pursuant to regulations made by the Department under Article 3 of the Order ; “fees” has the meaning given in Article 3(1) of the 2005 Order except in references to ... student contribution charge ; “fee support” means a grant for fees pursuant to regulations made by the Department under Article 3 of the Order , ... , a fee loan or a relevant institution charge loan ; “flexible postgraduate course for the initial training of teachers” means a graduate-entry or postgraduate-level course for the initial training of teachers, the length and pattern of which is determined by reference to the eligible student’s experience and training requirements and which has been approved by— the Training and Development Agency for Schools where the course began— before 1st September 2010; or on or after 1st September 2010 but before 1st September 2012 where the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; or the Secretary of State for Business, Innovation and Skills, where the course began on or after 1st September 2012 and the student transfers to the current course pursuant to regulation 8 from a course for the initial training of teachers which began before 1st September 2010; “former Metropolitan Police District” means— Greater London, excluding the City of London, the Inner Temple and the Middle Temple; in the county of Essex, in the district of Epping Forest— the area of the former urban district of Chigwell, the parish of Waltham Abbey; in the county of Hertfordshire— in the borough of Broxbourne, the area of the former urban district of Cheshunt, the district of Hertsmere, in the district of Welwyn Hatfield, the parish of Northaw; and in the county of Surrey— in the borough of Elmbridge, the area of the former urban district of Esher, the boroughs of Epsom and Ewell and Spelthorne, in the district of Reigate and Banstead, the area of the former urban district of Banstead; ... ... graduate entry course” means a “graduate entry dentistry course”, “graduate entry medicine course”, “graduate entry social work course” or a “graduate entry veterinary course”. “ graduate entry dentistry course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a dentist, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry medicine course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a medical doctor, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry social work course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a social worker, and where a first degree or equivalent qualification would normally be required for entry to the course. “ graduate entry veterinary course ” means a course— the standard of which is not higher than a first degree which leads to qualification as a veterinary surgeon, and where a first degree or equivalent qualification would normally be required for entry to the course; “grant for living and other costs” means a grant payable under Part 5; “healthcare bursary” means a bursary or award of similar description 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 ; “high level quality rating” has the meaning given by paragraph 2(3) of Schedule 2 to the 2017 Act; “higher education course” means a course referred to in Schedule 3 or a postgraduate or other course the standard of which is higher than the standard of a first degree course; “household income” has the meaning given in Schedule 5; “ immigration rules ” has the meaning given in section 33(1) of the Immigration Act 1971; “information” includes documents; “ Institute ” means the University of London Institute in Paris; “institution” in relation to England includes an English higher education provider as defined by section 83(1) of the 2017 Act “intensive course” means an accelerated course or a compressed degree course; “in-year qualifying event” has the meaning given in regulation 2A(2); “ Islands ” means the Channel Islands and the Isle of Man; “loan”, except where otherwise indicated, means a loan pursuant to regulations made by the Department under Article 3 of the Order , including the interest accrued on the loan and any penalties or charges incurred in connection with it; “loan for living costs” means a loan for living costs pursuant to regulations made by the Department under Article 3 of the Order ; “long courses loan” means a long courses loan pursuant to regulation 70; “Master’s, etc. designation event” has the meaning given in regulation 2A(9); “Master’s, etc. fee loan” means a loan for fees made to an eligible Master’s, etc. student pursuant to regulations made by the Department under Article 3 of the Order; “non-regulated institution” means an institution in Wales that does not have a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015; “OfS” means the Office for Students, as established by section 1 of the 2017 Act; “old award” is an award within the meaning of the Students Awards Regulations (Northern Ireland) 2003 ; “old flexible postgraduate course for the initial training of teachers” means a flexible postgraduate course for the initial training of teachers which a student started to attend before 1st September 2008; ... “ordinary duration” means the number of academic years that a standard student would take to complete the course excluding any academic years of the course that are— bursary years; Erasmus years of a course provided by an institution in Northern Ireland; or Erasmus years of a course provided by an institution in England, Scotland or Wales where the course began before 1st September 2012; Erasmus years of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017; “part-time course designation event” has the meaning given in regulation 2A(7); “part-time fee loan” means a loan for fees made to an eligible part-time student pursuant to regulations made by the Department under Article 3 of the Order; “period of eligibility” has the meaning given respectively in regulation 7 in relation to an eligible student, in regulation 108 in relation to an eligible distance learning student, in regulation 125 in relation to an eligible part-time student , in regulation 142 in relation to an eligible postgraduate student and in regulation 153 in relation to an eligible Master’s, etc. student; “periods of work experience” means— periods of industrial, professional or commercial experience associated with full-time study at an institution, but at a place outside that institution; periods during which a student is employed and residing in a country whose language is one that the student is studying for that student’s course (provided that the period of residence in that country is a requirement of that student’s course and the study of one or more modern languages accounts for not less than one half of the total time spent studying on the course); “ person granted Calais leave ” means a person who— has extant leave to remain in the United Kingdom under paragraph 352J, 352K, 352L or 352T (Calais leave and “leave in line” granted by virtue of being a dependent child of a person granted Calais leave) of the immigration rules ...; and has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; “ person granted humanitarian protection ” means a person — who, on the grounds of humanitarian protection, has been granted leave to remain under the immigration rules ...; and whose leave to remain is extant, or in respect of whose leave to remain an appeal is pending (within section 104 of the Nationality, Immigration and Asylum Act 2002) ; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave to remain; “ person granted indefinite leave to remain as a bereaved partner ” means a person— granted indefinite leave to remain in the United Kingdom under any of the following provisions of the immigration rules ...— paragraph BP 11.1 of Appendix Bereaved Partner; or where such leave was granted before the coming into force of Appendix Bereaved Partner— paragraph 288, as a person in relation to whom the requirements in paragraph 287(b) of those rules were met (bereaved partners); paragraph 295N, as a person in relation to whom the requirements in paragraph 295M of those rules were met (bereaved partners); paragraph D-BPILR.1.1 of Appendix FM (bereaved partners); or paragraph 36 of Appendix Armed Forces (bereaved partner of a member of HM Forces); and who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; “ person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse ” means a person— granted indefinite leave to enter or remain in the United Kingdom under any of the following provisions of the immigration rules ...— paragraph VDA 9.1 of the Appendix Victim of Domestic Abuse; or where such leave was granted before the coming into force of the Appendix Victim of Domestic Abuse, paragraph 289B (victims of domestic violence), paragraph D-DVILR.1.1. of Appendix FM (victims of domestic abuse) or paragraph 40 of Appendix Armed Forces (victims of domestic violence: partners of members of the armed forces); and who has been ordinarily resident in the United Kingdom and Islands since the person was granted such leave; “ person granted leave under one of the Afghan Schemes ” means a person granted leave under the Afghan Citizens Resettlement Scheme or a person granted leave under the Afghan Relocations and Assistance Policy Scheme; “person granted leave under one of the Ukraine Schemes” means a person granted leave under the Homes for Ukraine Sponsorship Scheme, a person granted leave under the Ukraine Extension Scheme , a person granted leave under the Ukraine Permission Extension Scheme or a person granted leave under the Ukraine Family Scheme; “ person granted leave under the Afghan Citizens Resettlement Scheme ” means a person— who has indefinite leave to enter or remain in the United Kingdom, outside the immigration rules, on the basis of the Afghan Citizens Resettlement Scheme; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “ person granted leave under the Afghan Relocations and Assistance Policy Scheme ” means a person— who has— indefinite leave to enter the United Kingdom under paragraph 276BA2, or has indefinite leave to remain under paragraph 276BS2 of the immigration rules , having been relocated to the United Kingdom pursuant to paragraph 276BB1(iii)(a) of the immigration rules , indefinite leave to enter or indefinite leave to remain in the United Kingdom under paragraph ARAP 6.1 of Appendix Afghan Relocation and Assistance Policy of the immigration rules; leave to enter the United Kingdom on the basis of the Afghan Relocations and Assistance Policy Scheme, or indefinite leave to enter or remain, outside those rules, on the basis of the Afghan Relocations and Assistance Policy Scheme, and ... who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “person granted leave under the Homes for Ukraine Sponsorship Scheme” means a person— who has leave to enter or remain in the United Kingdom— under paragraph UKR 19.1 of Appendix Ukraine Scheme of the immigration rules ; or outside the immigration rules where the person— was residing in Ukraine immediately before 1st January 2022; and left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “person granted leave under the Ukraine Extension Scheme” means a person— who has leave to remain in the United Kingdom under paragraph UKR 27.1 of Appendix Ukraine Scheme of the immigration rules ; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “person granted leave under the Ukraine Family Scheme” means a person— who has leave to enter or remain in the United Kingdom— under paragraph UKR 9.1 of Appendix Ukraine Scheme of the immigration rules ; or outside the immigration rules where the person— was residing in Ukraine immediately before 1st January 2022; and left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “ person granted leave under the Ukraine Permission Extension Scheme ” means a person— who has leave to remain in the United Kingdom under the Ukraine Permission Extension Scheme; and who has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; “ person granted stateless leave ” means a person who — has extant leave to remain as a stateless person under the immigration rules ...; and has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave. person granted section 67 leave” means a person who— has extant leave to remain as a person granted leave under paragraph 352ZG of the immigration rules, having been relocated to the United Kingdom pursuant to arrangements made by the Secretary of State under section 67 of the Immigration Act 2016, or a dependent child of such a person who has been granted “leave in line” under paragraph 352ZO of those rules; and has been ordinarily resident in the United Kingdom and Islands throughout the period since the person was granted such leave; ... “person with protected rights” means— a person within the personal scope of the citizens’ rights provisions who— has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; is an Irish citizen who pursuant to section 3ZA of the Immigration Act 1971, does not require leave to enter or remain in the United Kingdom; ... is an applicant for the purposes of regulation 4 of the 2020 Citizens’ Rights Regulations where the relevant period has not expired; or therwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or a family member of a relevant person of Northern Ireland for the purposes of residence scheme immigration rules, where that family member has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules; In paragraph (1)(a)(v), “ citizens’ rights deeming provisions ” means— Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement; Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020); or Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement. “postgraduate course designation event” has the meaning given in regulation 2A(8); “preliminary course” means a course or courses mentioned in paragraph 2, 3 or 4 of Schedule 3, or overseas equivalent, that is taken before a full-time degree course (other than a first degree course for the initial training of teachers) or a foundation degree course, or overseas equivalent, taken before a full-time honours degree course, as the case may be; “previous course” has the meaning given in regulation 13; “previous regulations” means regulations made in accordance with Article 50(1) of the 1986 Order or the 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 or 2009 Regulations ; “private institution” means an institution which is not publicly funded; “protected category event” has the meaning given in regulation 2A(3); “publicly funded”, unless otherwise indicated, means maintained or assisted by recurrent grants out of public funds and related expressions are to be interpreted accordingly; ... ... “qualifying year of study” means an academic year of a designated course— in respect of which the student qualified for fee support (even if the amount was nil); that was a bursary year; or in respect of which the student would have qualified for fee support (even if the amount would have been nil) if the student had been an eligible student or the current course had been designated at the beginning of that year; “quarter” in relation to an academic year means a period in that year— beginning on 1st January and ending on 31st March; beginning on 1st April and ending on 30th June; beginning on 1st July and ending on 31st August; or beginning on 1st September and ending on 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 as extended by the Protocol thereto which entered into force on 4th October 1967 ; “register” means the register established and maintained by the OfS under section 3 of the 2017 Act; “regulated institution” means an institution that has a fee and access plan in force approved by the Higher Education Funding Council for Wales under section 7 of the Higher Education (Wales) Act 2015; “registered provider” means an English higher education provider which is included in the register and “unregistered provider” is to be construed accordingly; “relevant institution charge loan” means a loan for student contribution charge pursuant to regulations made by the Department under Article 3 of the Order; “relevant institution of higher education in the Republic of Ireland” means a publicly funded prescribed approved institution for the purposes of section 7 of the Student Support Act 2011 ; “relevant period”, unless otherwise indicated, has the meaning given by regulation 4 of the 2020 Citizens’ Rights Regulations; “relevant person of Northern Ireland” has the meaning given by residence scheme immigration rules; “Research Council” means any of the following research councils— Arts and Humanities Research Council, Biotechnology and Biological Sciences Research Council, Economic and Social Research Council, Engineering and Physical Sciences Research Council, Medical Research Council, Natural Environment Research Council, Science and Technology Facilities Council; “residence scheme immigration rules” has the meaning given by section 17(1) of the European Union (Withdrawal Agreement) Act 2020 ; ... “sandwich course” has the meaning given in paragraph (10); “Scottish healthcare allowance” means any allowance under sections 73(f) and 74(1) of the Education (Scotland) Act 1980 granted in respect of a person on a course leading to a qualification in a healthcare profession other than as a medical doctor or dentist; “settled status event” has the meaning given in regulation 2A(4); “specified designated course” has the meaning given in paragraph (11); “standard academic year”, unless otherwise indicated, means an academic year of a designated course ... that would be taken (in whole or in part) by a person who does not repeat any part of the course after 1st September 2006 and who enters the course at the same point as the eligible student but does not include an academic year that is— a bursary year; an Erasmus year of a course provided by an institution in Northern Ireland ...; or an Erasmus year of a course provided by an institution in England , Scotland or Wales where the course began before 1st September 2012; an Erasmus year of a course provided by an institution in Scotland where the course began on or after 1st September 2012 and where the Erasmus year begins before 1st August 2017; “standard student” is a student who is to be taken— to have begun the designated course on the same date as the eligible student in question; not to be excused any part of the course; not to repeat any part of the course; and not to be absent from the course other than during vacations; “statutory award” means any award bestowed, grant paid or other support provided by virtue of the Order or the 1986 Order , or any comparable award, grant or other support in respect of undertaking a course which is paid out of public funds; “student contribution charge” means the charge payable by students at a relevant institution of higher education in the Republic of Ireland; “student loans legislation” means the Education (Student Loans) (Northern Ireland) Order 1990 , the Education (Student Loans) Act 1990 , the Education (Scotland) Act 1980 and regulations made under those Acts or that Order, the Order and regulations made thereunder or the 1998 Act and regulations made thereunder; “support” means financial support by way of grant or loan made by the Department pursuant to regulations made by the Department under Article 3 of the Order ; “Swiss citizens’ rights agreement” has the meaning given by section 39(1) of the European Union (Withdrawal Agreement) Act 2020; “transitional award” means an award made under the Students Awards Regulations (Northern Ireland) 1998 other than an old award; “ travel expenditure ” means the additional expenditure incurred by a student— within the United Kingdom or the Republic of Ireland for the purposes of attending their institution; or within or outside the United Kingdom for the purposes of attending, as part of their course, any period of study at an overseas institution or for the purposes of attending the Institute; “Turkish worker” means a Turkish national who— is ordinarily resident in the United Kingdom and Islands ; and is, or has been, lawfully employed in the United Kingdom; “type 1 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks; “type 2 teacher training student” means a current system student on a course for the initial training of teachers (other than a course for a first degree) whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate 10 weeks or more; and “type 3 teacher training student” means a current system student on a course for a first degree for the initial training of teachers whose periods of full-time attendance (including attendance for the purpose of teaching practice) in the academic year in respect of which the student is applying for support are in aggregate at least 6 weeks but less than 10 weeks; “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015. 1A For the purposes of these Regulations, a person is within the personal scope of the citizens’ rights provisions if that person falls within— a Article 10 (personal scope) of the EU withdrawal agreement; b Article 9 (personal scope) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020; or c Article 10 (personal scope) of the Swiss citizens’ rights agreement. 2 The Department may determine that a course is a compressed degree course if, in its opinion that course is— a a course for a first degree (other than a foundation degree); b a full-time course designated under regulation 6(1); and c of two academic years’ duration. 3 Subject to paragraph (4), “eligible student” has the meaning given in regulation 5. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Department may determine that a qualification is an equivalent or lower qualification if— a an eligible student holds a higher education qualification from any institution whether or not in the United Kingdom; and b the qualification referred to in sub-paragraph (a) is an honours degree from an institution in the United Kingdom or is of an academic level which is equivalent to or higher than a qualification to which the current course leads. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In these Regulations— a a course is a “sandwich course” if— i it is not a course for the initial training of teachers or an academic year of a designated course that is an Erasmus year ; ii it consists of alternate periods of full-time study in an institution and periods of work experience; and iii taking the course as a whole, the student attends the periods of full-time study for an average of not less than 18 weeks in each year; b in calculating the student’s attendance for the purposes of sub-paragraph (a), the course is to be treated as beginning with the first period of full-time study and ending with the last such period; and c for the purposes of sub-paragraph (a), where periods of full-time study and work experience alternate within any week of the course, the days of full-time study are aggregated with each other and with any weeks of full-time study in determining the number of weeks of full-time study in each year. 11 In these Regulations, the “specified designated course” means the current course subject to paragraphs (12) and (13). 12 Where the student’s status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department from a course (the “initial course”) in connection with which the Department determined the student to be an eligible student pursuant to regulations made by the Department under Article 3 of the Order , the specified designated course is the initial course. 13 Where the current course is an end-on course, the specified designated course is the course in relation to which the current course is an end-on course (the “preceding course”). Where the preceding course is itself an end-on course, the specified designated course is the course in relation to which the preceding course is an end-on course. Meaning of “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event” etc. and related matters 2A 1 This regulation defines “in-year qualifying event”, “protected category event”, “settled status event”, “course designation event”, “distance learning designation event”, “part-time course designation event”, “postgraduate course designation event” and “Master’s, etc. designation event”, makes related provision for the purposes of these Regulations. 2 “ In-year qualifying event ”, in relation to a student, means— a a protected category event which occurs after the course start date; b a settled status event; ba the student becomes a person described in paragraph 2 of Schedule 2; c the student becomes a person described in paragraph 3(1)(a) of Part 2 of Schedule 2; d where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, the student becomes a person described in paragraph 12(a) of Part 2 of Schedule 2; e the student becomes a person described in paragraph 6A(1)(a) or 6B(1)(a) of Part 2 of Schedule 2, or where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 6(1)(a) of Part 2 of Schedule 2; f the student becomes a person described in paragraph 11A(a) of Part 2 of Schedule 2 or, where regulation 5(2A), 105(2A), 122(2A), 139(3A) or 149(2A) applies, in paragraph 11(1)(a) of Part 2 of Schedule 2; or g the student becomes a person described in paragraph 9B(1)(a)(ii) of Part 2 of Schedule 2. 3 “ Protected category event ”, in relation to a student, means— a the student or the student’s spouse, civil partner or parent is recognised as a refugee; b the student or the student’s spouse, civil partner or parent becomes a person granted stateless leave; c the student or the student’s spouse, civil partner or parent becomes a person granted humanitarian protection; d the student or the student’s spouse, civil partner or parent becomes a person granted leave to enter or remain on the grounds of discretionary leave; e the student becomes a person granted section 67 leave; f the student or the student’s parent becomes a person granted indefinite leave to enter or remain as a victim of domestic violence or domestic abuse; g the student becomes a person granted Calais leave; h the student or the student’s parent becomes a person granted indefinite leave to remain as a bereaved partner; i the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Afghan Schemes; or j the student or the student’s spouse, civil partner or parent becomes a person granted leave under one of the Ukraine Schemes. 4 “ Settled status event ”, in relation to a student, means— a the student becomes a person described in paragraph 2A of Schedule 2; or b the student becomes a family member described in paragraph 9A(1)(a), 9C(1)(a) or 9D(1)(a) of Schedule 2. 5 “ Course designation event ”, in relation to a course, means the course becomes a course designated under regulation 6; 6 “ Distance learning designation event ”, in relation to a course, means the course becomes a course designated under regulation 107; 7 “ Part-time course designation event ”, in relation to a course, means the course is designated under regulation 124; 8 “ Postgraduate course designation event ”, in relation to a course, means the course is designated under regulation 141; 9 “Master’s, etc. designation event”, in relation to a course, means the course is designated under regulation 152; 10 Where a protected category event occurs in relation to a student after the course start date, paragraph (11) applies for the purposes of determining whether that event results in the student becoming an eligible student, eligible distance learning student, eligible part-time student, eligible postgraduate student or eligible Master’s etc student. 11 The student is to be treated, for the purposes of determining whether the student satisfies any requirement in Schedule 2 to be ordinarily resident in Northern Ireland on the course start date, as if the student was, on the course start date, lawfully residing in the place where the student was residing on that date. Amendment of the 2009 Regulations 3 The 2009 Regulations are amended in accordance with Schedule 1. Revocation, savings and transitional provisions 4 1 Subject to paragraphs (2) and (3), the 2009 Regulations are revoked on 1st September 2010. 2 Paragraph (3) of regulation 4 of the 2009 Regulations continues to apply. 3 The 2009 Regulations continue to apply to the provision of support to students in relation to an academic year which begins on or after 1st September 2009 but before 1st September 2010. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 ELIGIBILITY Eligible students 5 1 An eligible student qualifies for support in connection with a designated course subject to and in accordance with these Regulations. 2 Subject to the following provisions of this regulation, a person is an eligible student in connection with a designated course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out— a in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or b in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies. 2A This paragraph applies where— a in connection with a designated course beginning before 1st August 2021, the Department— i in assessing an application for support by a person (“A”), determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for support in connection with that course or a designated course to which A’s status as an eligible student is transferred from that course in accordance with this Part. 2B In connection with a designated course beginning on or after 1st January 2028, paragraph (2)(a) has effect as if paragraphs 8A, 9B and 9D were omitted. 3 A person (“A”) is not an eligible student if— a an old award has been made to A in respect of A’s attendance on the course; b A 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 A is eligible to apply for in connection with the course— i a healthcare bursary the amount of which is not calculated by reference to A’s income; or ii any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 ; d A is in breach of any obligation to repay any loan; e A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; f A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or g A has, on or after 1st September 2005, commenced a course for a degree in social work at an educational institution in Northern Ireland as a Regional Social Work Degree Trainee under arrangements made by the Department of Health, Social Services and Public Safety under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972. h A has been awarded a grant or award of similar description by an awarding authority in a member state in respect of his attendance on a course at a relevant institution of higher education in the Republic of Ireland which he begins on or after 1st September 2013. 4 For the purposes of paragraphs (3)(d) and (3)(e), “loan” means a loan made under any provision of the student loans legislation. 5 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(e) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 6 An eligible student in respect of whom the first academic year of the specified designated course begins on or after 1st September 2000 does not, at any one time, qualify for support for— a more than one designated course; b a designated course and a designated distance learning course; c a designated course and a designated part-time course; d a designated course and a designated postgraduate course ; e a designated course and a designated Master’s, etc. course. 7 Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (8), (9) or (10)— a paragraphs (2) and (3) do not apply to that person and b that person is an eligible student for the purposes of these Regulations. 8 The conditions are— a the person qualified as an eligible student in connection with an earlier academic year of the current course pursuant to regulations made by the Department under Article 3 of the Order; and b the person’s status as an eligible student has not terminated. 9 The conditions are— a the current course is an end-on course (other than one of the kind referred to in paragraph (c) of the definition of “end-on course” in regulation 2) which the person begins on or after 1st September 2006; b the person qualified as an eligible student in connection with the course in relation to which the current course is an end-on course; and c the period of eligibility in respect of the course referred to in sub-paragraph (b) ceased only on the grounds that the student had completed the course. 10 The conditions are— a the Department has previously determined that the person is— i an eligible part-time student in connection with a designated part-time course; ii an eligible distance learning student in connection with a designated distance learning course; or iii an eligible student in connection with a designated course other than the current course; b the person’s status as an eligible part-time student, as an eligible distance learning student or as an eligible student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and c the person’s status as an eligible student has not terminated. 11 Where— a the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was— i an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and— i no further leave to remain has been granted, ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11A Where— a the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible student in connection with– i an application for support for an earlier year of the current course; or ii an application for support in connection with a designated part-time , designated distance learning course or other designated course from which A’s status as an eligible part-time student , eligible distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11B Where— a the Department determined that, by virtue of being a person granted Calais leave, a person (“ A ”) was an eligible student in connection with— i an application for support for an earlier year of the current course; or ii an application for support in connection with a designated part-time course, designated distance learning or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11C Where— a the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was— i an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11D Where— a the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible student in connection with – i an application for support for an earlier year of the current course; ii an application for support for a course in relation to which the current course is an end-on course; or iii an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11E Where— a the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was— i an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11F Where— a the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“A”) was— i an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11G Where— a the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“ A ”) was an eligible student in connection with— i an application for support for an earlier year of the current course; ii an application for support for a course in relation to which the current course is an end-on course; or iii an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii A has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12 Where— a the Department determined that, by virtue of being a person with leave to enter or remain on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was— i an eligible student in connection with an application for support for an earlier year of the current course, an application for support for a course in relation to which the current course is an end-on course or an application for support in connection with a designated part-time course, designated distance learning course or other designated course from which A’s status as an eligible part-time student, eligible distance learning student or eligible student has been transferred to the current course; and ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12A Where— a the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible student in connection with— i an application for support for an earlier year of the current course; or ii an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12C Where— a the Department determined that, by virtue of— i falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated course; and b as at the day before the academic year begins, A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13 Paragraphs (11) and (12) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student or an eligible student , as the case may be, before 1st September 2007. Designated courses 6 1 Subject to paragraphs (2), (3), (4) and (5), a course is a designated course for the purposes of Article 3(1) of the Order and regulation 5 if it is— a mentioned in Schedule 3; b one of the following— i a full-time course; ii a sandwich course; or iii a course for the initial training of teachers; c not a designated distance learning course; d of at least— i one academic year’s duration; or ii six weeks’ duration in the case of a flexible postgraduate course for the initial training of teachers; ... e either— i wholly provided by an authority-funded institution in Northern Ireland, Scotland or in Wales where the course began before 1st September 2017; ii provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017; iii provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland, or in Wales where the course began before 1st September 2017; iv provided by an authority-funded institution in Northern Ireland or Scotland, or in Wales where the course began before 1st September 2017, in conjunction with an institution which is situated outside the United Kingdom; v provided by a publicly-funded institution in Northern Ireland, Scotland or Wales on behalf of a regulated institution in Wales where the course began on or after 1st September 2017; vi wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England; vii provided by an approved (fee cap) provider on behalf of a regulated institution in Wales where the course began on or after 1st September 2017; viii provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom; ix provided by a regulated institution in Wales or a regulated institution in Wales in conjunction with an institution which is situated outside the United Kingdom, where that course begins on or after 1st September 2017; or x provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland and is a designated undergraduate course in the Republic of Ireland ; and f substantially provided in the United Kingdom or the Republic of Ireland. 2 A course falling within paragraph 7 or 8 of Schedule 3 is not a designated course where the governing body of a school has arranged for the provision of such a course to a pupil of the school. 3 A course that is taken as part of an employment-based teacher training scheme is not a designated course. 4 A first (other than a graduate entry course) is not a designated course where— a it leads to the award of a professional qualification; b a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and c the current course begins on or after 1st September 2009. 5 Paragraph (1)(c) does not apply where the person applying for support in connection with the course is— a a disabled student; and b undertaking that course in the United Kingdom or the Republic of Ireland but not in attendance because the person is unable to attend for a reason which relates to that person’s disability. 6 For the purposes of paragraph (1)— a a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course; b a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded ; ... c an institution is not to be regarded as publicly funded or authority-funded 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 ; and d a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland, or Wales, or by a private institution which is an approved provider or an unregistered provider in England . e a course is substantially provided in the United Kingdom or the Republic of Ireland where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom or the Republic of Ireland. 7 Subject to paragraph (4), a course to which this paragraph applies is considered to be a single course for a first degree or for an equivalent qualification even if— a the course leads to another degree or qualification being conferred before the degree or equivalent qualification; and b part of the course is optional. 8 Paragraph (7) applies to a course the standard of which is not higher than a first degree which leads to a qualification as a medical doctor, dentist, veterinary surgeon, architect, landscape architect, landscape designer, landscape manager, town planner or town and country planner. 9 For the purposes of Article 3 of the Order and regulation 5(1) the Department may designate courses of higher education which are not designated under paragraph (1). 10 The Department may revoke or suspend the designation of a course which is designated under this regulation. Period of eligibility 7 1 A student’s status as an eligible student is retained in connection with a designated course until the status terminates in accordance with this regulation or regulation 5. 2 The period for which an eligible student retains that status is the “period of eligibility”. 3 Subject to the following paragraphs and regulation 5, the period of eligibility terminates at the end of the academic year in which the student completes the designated course. 4 The period of eligibility terminates when the eligible student (“A”)— a withdraws from A’s designated course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status as an eligible student under regulation 8, 117 or 135; or b abandons or is expelled from A’s designated course. 5 The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support. 6 If the Department is satisfied that an eligible student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances— a terminate the period of eligibility; b determine that the student no longer qualifies for any particular support or particular amount of support; c treat any support paid to the student as an overpayment which may be recovered under Chapter 5 of Part 9. 7 Where the period of eligibility terminates before the end of the academic year in which the student completes the designated course, the Department may, at any time, renew the period of eligibility for such period as it determines. Transfer of status 8 1 Where an eligible student “A” transfers to another course, the Department must transfer A’s status as an eligible student to that course where— a the Department receives a request from the eligible student to do so; b the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and c the period of eligibility has not terminated. 2 The grounds for transfer are— a on the recommendation of the academic authority A ceases one course and starts to— i on the recommendation of the academic authority A ceases one course and starts to attend or undertake another designated course ... ; ii undertake another compressed degree course at the institution; or iii undertake a compressed degree course at the institution; b A starts to— i A starts to attend or undertake a designated course ... at another institution; or ii undertake a compressed degree course with another institution; c after starting a course for the Certificate in Education, A is, on or before the completion of that course, admitted to a designated course for the degree (including an honours degree) of Bachelor of Education either at the same institution or at another institution; d after starting a course for the degree (other than an honours degree) of Bachelor of Education, A is, on or before the completion of that course, admitted to a designated course for the honours degree of Bachelor of Education either at the same institution or at another institution; or e after starting a course for a first degree (other than an honours degree) A is, before the completion of that course, admitted to a designated course for an honours degree in the same subject or subjects at the institution. 3 Subject to paragraph (4), where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of the support assessed by the Department in respect of the academic year of the course from which A transfers. 4 The Department may re-assess the amount of support payable after the transfer provided that A qualifies for such support in connection with the academic year of the course to which A transfers . 5 Where A transfers under paragraph (1) after the Department has assessed A’s support in connection with the academic year of the course from which A is transferring but before A completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another grant or loan of a kind that A has already applied for under these Regulations in connection with the academic year of the course from which A is transferring unless otherwise provided. PART 3 APPLYING FOR SUPPORT, PROVISION OF INFORMATION AND LOAN CONTRACTS Applications for support 9 1 A person (the “applicant”) must apply for support in connection with each academic year of a designated course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require. 2 The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible student, whether the applicant qualifies for support and the amount of support payable, if any. 3 The Department must notify the applicant of whether the applicant qualifies for support and, if so, the amount of support payable in respect of the academic year, if any. Time limits 10 1 The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year in respect of which it is submitted. 2 The general rule does not apply where— a an in-year qualifying event or a course designation event occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department no later than the end of the ninth month beginning with the day on which the relevant event occurred; b the applicant is making a separate application for a fee loan, a relevant institution charge loan ..., a loan for living costs ...or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of relevant institution charge loan under regulation 25A(4) or (10) or , an additional amount of loan for living costs under regulation 77(3) ... in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates; c the applicant is applying to borrow ..., an additional amount of loan for living costs or an additional amount of long courses loan under regulation 77(1), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates or within a period of one month beginning with the day on which the applicant receives notice of the increased maximum amount, whichever is the later; d the applicant is applying for the disabled students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or e the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies. Information 11 Schedule 4 deals with the provision of information. Requirement to enter into a contract for a loan 12 1 To receive a loan a student must enter into a contract with the Department. 2 Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies the requirement. PART 4 FEE SUPPORT CHAPTER 1 GENERAL Previous course 13 1 Subject to the exceptions in paragraphs (4), (5) and (6), a “previous course” is— a where the current course began before 1st September 2009, any full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course and which meets any of the conditions in paragraph (2). b where the current course begins on or after 1st September 2009— i a lower level qualification achieved following a full-time or part-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course; ii a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended, or in the case of a compressed degree course or a designated distance learning course, undertook before the current course where the student studied but did not achieve a qualification and which meets one or both of the conditions in paragraph (3); or iii a full-time higher education course, part-time course for the initial training of teachers or a course designated under regulation 6(9), which the student attended or, in the case of a compressed degree course or a designated distance learning course, undertook before the current course where— aa the course meets any of the conditions in paragraph (2); and bb the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009. 2 The conditions are— a the course was provided by an institution which was a registered provider in England or by a publicly funded institution in the United Kingdom for some or all of the academic years during which the student attended or undertook the course; or aa the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or b the course was provided by an institution in the Republic of Ireland and the student was funded under previous regulations for some or all of the academic years during which the student attended or undertook the course; or c any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds. 3 The conditions are— a the course was provided at a registered provider or a publicly funded institution whether or not in the United Kingdom or a regulated institution for some or all of the academic years during which the student attended or undertook the course; ... aa the course was provided by an accredited institution which was an unregistered provider for some or all of the academic years during which the student attended or undertook the course; or b any scholarship, exhibition, bursary, grant, allowance or award of any description which was paid in respect of the student’s attending or, in the case of a compressed degree course or a designated distance learning course, undertaking the course to defray fees was from public funds or funds attributable to public funds. 4 A course which would otherwise be a previous course will not be treated as such if— a the current course is a course for the initial training of teachers; b the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and c the student is not a qualified teacher. 5 A course for the Certificate in Education which would otherwise be a previous course will not be treated as such if— a the current course is a course for the degree (including an honours degree) of Bachelor of Education; and b the student transferred to the current course from the course for the Certificate in Education before the completion of that course or began the current course on completion of the course for the Certificate in Education. 6 A course for the degree (other than an honours degree) of Bachelor of Education will not be treated as a previous course if— a the current course is a course for the honours degree of Bachelor of Education; and b the student transferred to the current course from the course for the degree (other than an honours degree) of Bachelor of Education before the completion of that course or began the current course on completion of the course for the degree (other than an honours degree) of Bachelor of Education. 7 Subject to paragraphs (8), (9) and (10), for the purpose of determining PC in the formulae in regulations 23 and 30— a each academic year that the student completed on a previous course is counted; and b an academic year of a previous course that the student began or ceased to attend part of the way through the year is counted as one academic year on a previous course. 8 For the purpose of determining PC in the formulae in regulations 23 and 30, where the student began the current course before 1st September 2009, an academic year of a previous course is not to be counted as a year spent on a previous course if— a the student did not qualify for fee support for that year other than because the academic year was a bursary year or an Erasmus year; and b the student qualified for fee support for some but not all of the other academic years of that previous course. 9 For the purpose of determining PC in the formulae in regulations 23 and 30, an academic year of a previous course is not to be counted as a year spent on a previous course if it was a year of repeat study that the student was taking for compelling personal reasons or a year in relation to which the student qualified for fee support because the student had failed to complete a previous course for compelling personal reasons. 10 For the purpose of determining PC in the formulae in regulations 23 and 30, where a student (“A”) transfers from an academic year of one designated course to an academic year of another designated course before the Department considers that A has completed the year from which A is transferring, the time spent by A during the academic year in which the transfer takes place on the course from which A is transferring is not counted as a year spent on a previous course. 11 A student (“A”) who undertook a previous course but was not in attendance because A was unable to attend for a reason which related to A’s disability is only treated as having been in attendance on the previous course in respect of periods of study beginning on or after 1st September 2006. Miscellaneous 14 1 Where paragraph (2) applies, an eligible student is not prevented from qualifying for fee support under this Part because— a the student has an honours degree from an institution in the United Kingdom or the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current course before 1st September 2009; or b the current course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009. 2 This paragraph applies where— a the current course is a course for the initial training of teachers; b the duration of the current course does not exceed two years (the duration of a part-time course being expressed as its full-time equivalent); and c the student is not a qualified teacher. 3 Where paragraph (4) applies, an eligible student is not prevented from qualifying for fee support under this Part because the current course leads to an equivalent or lower qualification, where the student begins the current course on or after 1st September 2009. 4 This paragraph applies where the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009. 5 Where the current course is considered to be a single course because of regulation 6(7) and (8) and it leads to a honours degree from an institution in the United Kingdom or relevant institution of higher education in the Republic of Ireland being conferred on the eligible student before the final degree or equivalent qualification, the eligible student is not prevented from qualifying for fee support under this Part in respect of any part of the single course by virtue of having that honours degree. 5A Where the current course is considered to be a single course because of regulation 6(7) and (8)— a any Master’s, etc. fee loan which an eligible student obtained under Part 13 for the purposes of obtaining the degree or qualification first mentioned in regulation 6(7)(a); and b any academic year(s) in which that Master’s, etc. fee loan was obtained, is ignored when determining an eligible student’s entitlement under Parts 4 to 6 in respect of the single course which confers the final degree or equivalent qualification. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Where an institution allows an eligible student to study the content of one standard academic year of the designated course over two or more academic years, for the purpose of determining whether the student qualifies for fee support for those years, the last of such years of study is to be treated as a standard academic year and the preceding years of that kind are to be treated as years of repeat study other than for compelling personal reasons. CHAPTER 2 TYPES OF FEE SUPPORT AVAILABLE Current system students 15 A current system student (“A”) qualifies for a fee loan in respect of the fees or relevant institution charge loan in respect of student contribution charge payable by A in connection with A’s attendance on a designated course in accordance with Chapter 3 of this Part. Old system students 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students becoming eligible during the course of an academic year 17 1 Subject to paragraph 1(d) where— a a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event which results in a student becoming an eligible student occurs within the first three months of an academic year, the student may qualify for a fee loan in accordance with this Part in respect of that academic year; d a fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs. Events 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students to be treated as in attendance on a course 19 1 A student to whom this regulation applies is treated as if the student were in attendance on the designated course for the purpose of qualifying for fee support. 2 This regulation applies to— a a compressed degree student; or b a disabled student who— i is not a compressed degree student; and ii is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability. CHAPTER 3 FEE LOANS FOR CURRENT SYSTEM STUDENTS Availability of fee loans to current system students - general 20 1 A current system student does not qualify for a fee loan or relevant institution charge loan in respect of a designated course if— a the designated course leads to an equivalent or lower qualification, the exemptions in regulation 14(1) to (4) do not apply and the student begins the course on or after 1st September 2009; b the student has an honours degree from an institution in the United Kingdom, the exemptions in regulation 14(1), (2) or (5) do not apply; c the student has an honours degree from an institution in the Republic of Ireland for which he received financial support under previous regulations and the exemptions in regulation 14(1), (2) or (5) do not apply; or d the designated course is an old flexible postgraduate course for the initial training of teachers. 2 Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for fee support in respect of a course leading to a degree in social work at an educational institution in Northern Ireland. 2A Notwithstanding paragraph (1)(a) to (c), a current system student qualifies for a fee loan in respect of a graduate entry medicine course at an educational institution in Northern Ireland. 3 A current system student does not qualify for a fee loan or relevant institution charge loan in respect of— a an academic year of a designated course that is — i a bursary year; ii an Erasmus year of a course provided by an institution in Northern Ireland ...; or iii an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012; or b a year for which he is in receipt of funding from the Department to participate in a management development programme known as Study USA . 4 When assessing an application for support in respect of an academic year of a designated course, the Department must determine the “standard entitlement”. 5 The standard entitlement is calculated in accordance with regulation 21 21A , 22, 23 or 24. 6 When assessing an application for support in respect of an academic year of a designated course, the Department must allocate a fee loan or relevant institution charge loan from the standard entitlement first to the final standard academic year of the course and then to each preceding standard academic year in turn until the standard entitlement is exhausted or a fee loan or student contribution charge has been allocated to each standard academic year of the course. 7 A current system student qualifies for a fee loan or relevant institution charge loan in respect of a standard academic year of the designated course if the Department allocates a fee loan or relevant institution charge loan to that year when assessing the application for support for that year. 8 In addition to the standard entitlement, a current system student who falls within regulation 23 and has failed to complete the most recent previous course because of compelling personal reasons qualifies for a fee loan in respect of the first academic year that the student takes of the designated course that is not— a a bursary year; b an Erasmus year of a course provided by an institution in Northern Ireland ...; or c an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012; 8A In addition to the standard entitlement, a current system student to whom regulation 24(2) applies qualifies for a fee loan or relevant institution charge loan in respect of the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland ... where— a the current course begins on or after 1st September 2014; and b the preliminary course was a part-time course. 9 Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not — a a bursary year; b an Erasmus year of a course provided by an institution in Northern Ireland ...; or c an Erasmus year of a course provided by an institution in England , Wales or Scotland where the course began before 1st September 2012; . 9A Where a current system student qualifies for a fee loan or relevant institution charge loan under paragraph (8A), the Department must not allocate a fee loan or relevant institution charge loan under paragraph (6) to the first academic year that the student takes of the designated course that is not a bursary year or an Erasmus year of a course provided by an institution in Northern Ireland .... 10 In addition to the standard entitlement, if the Department determines that the student is repeating an academic year of the designated course because of compelling personal reasons, a current system student qualifies for a fee loan and student contribution charge in respect of the year of repeat study provided that the academic year that the student is repeating was a qualifying year of study and the year of repeat study is not a bursary year. 11 A current system student qualifies for a fee loan and student contribution charge in respect of an academic year of a designated course that is a year of repeat study which the student is taking other than for compelling personal reasons if— a the academic year which the student is repeating was a qualifying year of study; b the academic year of repeat study is not a bursary year; and c when the academic year of repeat study is added to the number of any other academic years of repeat study that the student has already taken on the current course other than for compelling personal reasons, it does not exceed the number of additional years of support. 12 In this regulation, the “number of additional years of support” is the number of years which make up the standard entitlement less the number of standard academic years (plus one where the student qualifies for a fee loan or relevant institution charge loan under paragraph (8) (or 8A) ). 13 The amount of the fee loan ... in respect of an academic year is determined in accordance with regulation 25 and may be nil. 14 The amount of the relevant institution charge loan in respect of an academic year is determined in accordance with regulation 25A and may be nil. Standard entitlement of current system students who have not studied on a previous course 21 Subject to regulation 22, the standard entitlement of a current system student who has not studied on a previous course is calculated as follows— O D + 1 where OD is the number of academic years that make up the ordinary duration of the course. Standard entitlement – graduate entry medicine course in Northern Ireland 21A The standard entitlement of a current system student who is studying a graduate entry medicine course at an educational institution in Northern Ireland is calculated as follows— OD+1 where OD is the number of academic years that make up the ordinary duration of the course. Standard entitlement – course leading to degree in social work 22 1 Where the current course is a course leading to a degree in social work at an educational institution in Northern Ireland, the standard entitlement of a current system student is as follows— O D + 1 where OD is the number of academic years that make up the ordinary duration of the current course. 2 Paragraph (1) also applies where— a the current course in relation to that student falls under paragraph (a) of the definition of “end-on course”; or b the student has studied on a previous course other than a course mentioned in sub-paragraph (a). 3 Where this regulation applies, regulations 23 and 24 do not apply. Standard entitlement of current system students who have transferred from or otherwise studied on a previous course 23 1 The standard entitlement of a current system student who has studied on a previous course and who does not fall within regulation 22 or 24 is calculated as follows— ( O D + 1 ) − P C where OD is the number of academic years that make up the ordinary duration of the course PC is the number of academic years that the student has spent on previous courses. 2 For the purposes of this regulation, a “current system student who has studied on a previous course” includes a current system student whose status as an eligible student has been transferred to the current course as a result of one or more transfers of that status by the Department pursuant to regulations made by the Department under Article 3 of the Order from a designated course which— a is a previous course; and b the student began on or after 1st September 2006. Standard entitlement of current system students on end-on courses and certain degree courses 24 1 Where the current course began before 1st September 2009, this regulation applies to— a a current system student who is on an end-on course of the kind described in paragraph (a) or (b) of the definition of “end-on course” in regulation 2; b a current system student who— i has completed a full-time course mentioned in paragraph 2 or 3 of Schedule 3; ii is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and iii has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course; c a current system student who— i has completed a full-time foundation degree course; ii is on a full-time honours degree course that the student did not begin immediately after the course referred to in paragraph (i); and iii has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course. 2 Where the current course begins on or after 1st September 2009, this regulation applies to— a a current system student who is on an end-on course of the kind described in paragraph (d) of the definition of “end-on course” in regulation 2; b a current system student who— i has completed a course mentioned in paragraph 2, 3 or 4 of Schedule 3 or overseas equivalent, or a foundation degree course or overseas equivalent, on a full-time, part-time or full-time distance learning basis having achieved a qualification; ii is on a full-time first degree course (other than a first degree course for the initial training of teachers) that the student did not begin immediately after the course referred to in paragraph (i); and iii has not taken a full-time first degree course after the course referred to in paragraph (i) and before the current course. 3 Regulations 21, 22 and 23 do not apply to students to whom this regulation applies. 4 The standard entitlement of a student to whom paragraph (1) applies is calculated as follows— ( D + X ) − Pr ⁡ C where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course X is 1 where the ordinary duration of the preliminary course was less than three years and 2 where the ordinary duration of the preliminary course was three years PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons. 5 The standard entitlement of a student to whom paragraph (2) applies is calculated as follows–- ( D + X ) − Pr ⁡ C where D is the greater of 3 and the number of academic years that make up the ordinary duration of the course X is— where the ordinary duration of the preliminary course was less than three years, where the ordinary duration of the preliminary course was three years, where the ordinary duration of the preliminary course was four years, where the ordinary duration of the preliminary course was five years, and where the ordinary duration of the preliminary course was six years PrC is the number of academic years that the student spent on the preliminary course excluding any years of repeat study for compelling personal reasons. Amount of the fee loan 25 1 Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2C) must not exceed the lesser of— a £9,535 ; and b the fees payable by the student in connection with that year. 2 In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2C) must not exceed the lesser of— a £4,765 ; and b the fees payable by the student in connection with that year. 2A Unless one of the cases set out in paragraph (3) applies, the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2D) must not exceed the lesser of— a £4,855 ; and b the fees payable by the student in connection with that year. 2B In the cases set out in paragraph (3), the amount of a fee loan in respect of an academic year of a designated course mentioned in paragraph (2D) must not exceed the lesser of— a £2,410 ; and b the fees payable by the student in connection with that year. 2C The designated courses for the purposes of paragraphs (1) and (2) are designated courses:- a provided by or on behalf of a publicly funded institution in Northern Ireland or Scotland or by an approved (fee cap) provider in England; b provided by or on behalf of a publicly funded institution in Wales, where the course began before 1st September 2017; c provided by or on behalf of a regulated institution in Wales, where the course begins on or after 1st September 2017. 2D The designated courses for the purposes of paragraphs (2A) and (2B) are designated courses:- a provided by a private institution (other than a publicly funded institution) in Northern Ireland or Scotland or by an approved provider in England. b provided by a private institution (other than on behalf of a publicly funded institution) in Wales, where the course began before 1st September 2017; c provided by a non-regulated institution (other than on behalf of a regulated institution) in Wales, where the course begins on or after 1st September 2017. 3 The cases are— a the final academic year of a designated course where that academic year is normally required to be completed after less than 15 weeks’ attendance; b in respect of a sandwich course, an academic year— i during which any periods of full-time study are in aggregate less than 10 weeks; or ii if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution (disregarding intervening vacations) exceeds 30 weeks; c in respect of a course for the initial training of teachers, an academic year during which any periods of full-time study are in aggregate less than 10 weeks; d in respect of a course provided in conjunction with an overseas institution, an academic year— i during which any periods of full-time study at the institution in the United Kingdom or the Republic of Ireland are in aggregate less than 10 weeks; or ii if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full-time study at the institution in the United Kingdom or the Republic of Ireland (disregarding intervening vacations) exceeds 30 weeks. 4 If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a fee loan in respect of the academic year of the course to which that student transfers. 5 The circumstances are— a the fees payable in respect of the academic year of the course to which the current system student transfers exceed the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and b the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring. 6 If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a fee loan or another fee loan in respect of the academic year of the course to which the student transfers. 7 The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring. 8 Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a fee loan in respect of that year, is determined by deducting the amount of any fee loan or relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the lesser of— a the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and b the fees payable by the student in respect of the academic year to which the student is transferring. 9 Where the circumstances in paragraph (7) apply, the maximum amount of fee loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a fee loan in respect of that year is the lesser of— a the amount specified in paragraph (1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and b the fees payable by the student in connection with that year. 10 Where a current system student has applied for a fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case. 11 Where the circumstances in paragraph (12) apply, the amount of a fee loan must not exceed the lesser of— a £1,430 ; and b the fees payable by the student in connection with that year. 12 This paragraph applies in respect of an Erasmus year of a course provided by an institution in England, Wales or Scotland which begins on or after 1st September 2017. 13 Where the current course is a course for the initial training of teachers provided by an accredited institution which is an unregistered provider, the amount of a fee loan must not exceed the lesser of- a £9,535 ; and b The fees payable by the student in connection with that year. 14 Where— a the current course is an accelerated course provided by or on behalf of an approved (fee cap) provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of-— i £11,440 ; and ii The fees payable by the student in connection with that year.”. b the current course is an accelerated course provided by or on behalf of an approved provider in England, which begins on or after 1st August 2019, the amount of a fee loan must not exceed the lesser of— i £4,855 ; and ii The fees payable by the student in connection with that year. Amount of relevant institution charge loan 25A 1 The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year. 2 Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available. 3 The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan. 4 If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers. 5 The circumstances are— a the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and b the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring. 6 If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers. 7 The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring. 8 Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring. 9 Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year. 10 Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case. CHAPTER 4 GRANTS FOR FEES FOR OLD SYSTEM STUDENTS Old system students who are continuing students 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Old system students who are transferring students 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Old system students who are on end-on courses 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Old system students who are gap year students who have not studied on a previous course 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Old system students who are gap year students who have studied on a previous course 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Availability of the grant for fees to old system students for years of repeat study 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of the grant for fees for a course at a publicly funded institution or a relevant institution of higher education in the Republic of Ireland 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of the grant for fees for a course that is provided at a private institution on behalf of a publicly funded institution 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of the grant for fees for a course at a private institution 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 5 FEE CONTRIBUTION LOANS FOR OLD SYSTEM STUDENTS Availability of fee contribution loans to old system students 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of the fee contribution loan 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5 GRANTS FOR LIVING AND OTHER COSTS CHAPTER 1 TYPES OF GRANTS AVAILABLE Current system students 37 The following grants are available to a current system student in connection with a designated course if the student meets the relevant qualifying conditions in this Part— a disabled students’ allowance; b grant for dependants; c grant for travel; d maintenance grant or special support grant. Old system students 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 2 GENERAL PROVISIONS General qualifying conditions for grants for living and other costs 39 1 An eligible student qualifies for a grant under this Part provided that the student— a is not excluded from qualification by any of the following paragraphs; and b satisfies the qualifying conditions for the particular grant for which the student is applying. 2 An eligible student does not qualify for a bursary or grant under this Part if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D. 3 An eligible student does not qualify for a grant under this Part in respect of— a an academic year which is a bursary year; b an academic year of a course for the initial training of teachers during which the periods of full-time attendance, including attendance for the purpose of teaching practice, are in aggregate less than 6 weeks; or c a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration. 4 Paragraph (3)(b) does not apply for the purposes of the disabled students’ allowance. 5 An eligible student does not qualify for a grant under this Part in respect of any academic year of a sandwich course where the periods of full-time study are in aggregate less than 10 weeks unless the periods of work experience constitute unpaid service. 6 For the purposes of paragraph (5), “unpaid service” means— a unpaid service in a hospital or in a public health service laboratory in the United Kingdom or the Republic of Ireland; b unpaid service with a local authority in the United Kingdom or any equivalent body in the Republic of Ireland acting in the exercise of its functions relating to the care of children and young persons, health or welfare or with a voluntary organisation providing facilities or carrying out activities of a like nature in the United Kingdom or Republic of Ireland; 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 the Republic of Ireland or, in the case of a student attending an overseas institution as part of the student’s course, in an overseas institution; or e unpaid service with— i the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ; ii a Health and Social Care Trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ; iii a special agency established under Article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ; iv an NHS body within the meaning of given by section 275(1) of the National Health Service Act 2006 ; or v a Health Board or a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 . 7 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a particular grant in accordance with this Part in respect of that academic year. 7A Subject to paragraph (7B), where— a a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for a particular grant in accordance with this Part in respect of part of that academic year. 7B student does not qualify for such a grant in respect of any academic year beginning before the academic year in which the event in question occurs. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subject to paragraph (10), an eligible student does not qualify for a grant under this Part if the student is a prisoner. 10 Paragraph (9) does not apply in respect of disabled students’ allowance. Students who are treated as in attendance 40 1 A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the following grants— a grant for dependants; b disabled students’ allowance ; c maintenance grant or special support grant . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 This regulation applies to— a a compressed degree student; aa a student on a period of study or period of overseas work placement in an Erasmus year; or b a disabled student who— i is not a compressed degree student; and ii is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability. CHAPTER 3 DISABLED STUDENTS’ ALLOWANCES Qualifying conditions for the disabled students’ allowance 41 1 An eligible student (“A”) qualifies for a grant to assist with the additional expenditure which the Department is satisfied that A is obliged to incur in connection with A’s attendance on a designated course by reason of a disability to which A is subject. 2 The expenditure for which the grant may be paid includes, in particular— a expenditure on a non-medical personal helper; b expenditure on major items of specialist equipment; c travel expenditure. Amount of the disabled students’ allowance 42 1 Subject to the following paragraphs, the amount of the disabled students’ allowance is the amount that the Department considers appropriate in accordance with the student’s circumstances. 2 The amount of the disabled students’ allowance in respect of an academic year— a for expenditure other than travel expenditure, must not exceed £25,000; b for travel expenditure, must not exceed the additional expenditure incurred. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subject to paragraph (6), the disabled students’ allowance is payable in respect of the four quarters of the academic year .... 6 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for the disabled students’ allowance in respect of the four quarters of that academic year. 6A Where— a a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for the disabled students’ allowance in respect of the qualifying quarters. 6B For the purposes of paragraph (6A) “ the qualifying quarters ” means— a the quarter in which the relevant event occurs; and b if relevant, such other quarters as begin after the relevant event occurs. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 4 GRANTS FOR DEPENDANTS Interpretation of Chapter 4 43 1 In regulations 45 to 48— a subject to sub-paragraph (n), “adult dependant” means, in relation to an eligible student, an adult person dependent on the student other than the student’s child, the student’s partner (including a spouse or civil partner from whom the Department considers the student is separated) or the student’s former partner; b “child” in relation to an eligible student includes any child of the student’s partner who is dependent on the student and any child for whom the student has parental responsibility who is dependent on the student; c “dependant” means, in relation to an eligible student, the student’s partner, the student’s dependent child or an adult dependant, who in each case is not an eligible student and does not hold a statutory award; d “dependent” means wholly or mainly financially dependent; e “dependent child” means, in relation to an eligible student, a child dependent on the student; f “lone parent” means an eligible student who does not have a partner and who has a dependent child or dependent children; g “net income” has the meaning given in paragraph (2); ga “preceding financial year” means the financial year immediately preceding the relevant year; gb “prior financial year” means the financial year immediately preceding the preceding financial year; gc “relevant year” means the academic year of the course in respect of which the eligible student’s dependants’ income falls to be assessed; gd “residual income” means taxable income after the application of paragraph (5) (in the case of an eligible student’s partner) or paragraph (6) (in the case of an eligible student’s adult dependants); ge “taxable income” means, in respect of the prior financial year— i the total income on which a person (“A”) is charged to income tax as determined at Step 1 of the calculation in section 23 of the Income Tax Act 2007, together with any payments and other benefits mentioned in section 401(1) of the Income Tax (Earnings and Pensions) Act 2003 (ignoring section 401(2) of that Act), received or treated as received by A, to the extent that they are not a component of the total income on which A is charged to income tax; ii A’s total income from all sources as determined for the purposes of the income tax legislation of a Member State which applies to A’s income; or iii where the legislation of— aa the United Kingdom and one or more Member States; or bb more than one Member State applies to the period, A’s total income from all sources as determined for the purposes of the income tax legislation under which the Department considers that A’s total income in that period is greatest, except that no account is taken of income referred to in paragraph (1A) paid to another party; h subject to sub-paragraphs (i), (j), (k), (l) and (m), “partner” means any of the following— i the spouse of an eligible student; ii the civil partner of an eligible student; iii a person ordinarily living with an eligible student as if that person were the student’s spouse where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2000; iv a person ordinarily living with an eligible student as if that person were the student’s civil partner where an eligible student falls within paragraph 2(1)(a) of Schedule 5 and began the specified designated course on or after 1st September 2005; i unless otherwise indicated, a person who would otherwise be a partner under sub-paragraph (h) is not to be treated as a partner if— i in the opinion of the Department, that person and the eligible student are separated; or ii the person is ordinarily living outside the United Kingdom and is not maintained by the eligible student; j for the purposes of the definition of “adult dependant”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5; k for the purposes of the definitions of “child” and “lone parent”, a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the date on which the eligible student began the specified designated course or the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph 2(1)(a) of Schedule 5; l for the purposes of regulation 46— i sub-paragraph (i) does not apply; and ii a person is to be treated as a partner if that person would be a partner under sub-paragraph (h) but for the fact that the eligible student with whom that person is ordinarily living does not fall within paragraph (2)(1)(a) of Schedule 5; m for the purposes of determining whether a person is the former partner of an eligible student’s partner, “partner” in relation to an eligible student’s partner means— i the spouse of an eligible student’s partner; ii the civil partner of an eligible student’s partner; iii where the eligible student began the specified designated course on or after 1st September 2000, a person (“A”) ordinarily living with an eligible student’s partner (“B”) as if A were B’s spouse; iv where the eligible student began the specified designated course on or after 1st September 2005, a person “A” ordinarily living with an eligible student’s partner “B” as if A were B’s civil partner; n subject to sub-paragraph (o), for the purposes of the definitions of “adult dependant” and “dependent child”, the Department may treat an adult person or child as dependent on an eligible student if the Department is satisfied that the adult person or child— i is not dependent on— aa the eligible student; or bb the student’s partner; but ii is dependent on the eligible student and the student’s partner together; o the Department must not treat an adult person (“A”) as dependent on an eligible student in accordance with sub-paragraph (n), if A is— i the spouse or civil partner of the eligible student’s partner (including a spouse or civil partner from whom the Department considers the eligible student’s partner is separated); or ii the former partner of the eligible student’s partner. 1A The income referred to in this paragraph is any benefits under a pension arrangement pursuant to an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 which includes provision made by virtue of Articles 27B(4) and 27E(3) of that Order or pension benefits under Part 1 of Schedule 5 to the Civil Partnership Act 2004 which includes provision made by virtue of Parts 6 and 7 of that Schedule. 2 A dependant’s net income is the dependant’s income from all sources (for the relevant year for the purposes of regulation 45(2)(b) and for the prior financial year for the purposes of regulation 48(7)) reduced by the amount of income tax and social security contributions payable in respect of it but disregarding— a any pension, allowance or other benefit paid by reason of a disability, incapacity or limited capability for work to which the dependant is subject; b child benefit payable under Part IX of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; c any financial support payable to the dependant by an adoption agency in accordance with regulations made under Article 59A of the Adoption (Northern Ireland) Order 1987 ; d any guardian’s allowance to which the dependant is entitled under section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; e in the case of a dependant with whom a child being looked after by an authority is placed, any payment made to that dependant in pursuance of Article 27 of the Children (Northern Ireland) Order 1995 ; f any payments made to the dependant under Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 in respect of a person who is not the dependant’s child or any assistance given by an authority pursuant to Article 35 of that Order; ... g any child tax credit to which the dependant is entitled under Part I of the Tax Credits Act 2002 ; and h in the case of a dependant who is entitled to an award of universal credit— i any amount that is included in the calculation of the award, under regulation 28(1) of the Universal Credit Regulations (Northern Ireland) 2016 (award to include LCWRA element ), in respect of the fact that the dependant has ... limited capability for work and work-related activity; ii any amount or additional amount that is included in the calculation of the award under regulation 25 (the child element) of those Regulations. 3 Where an eligible student or the student’s partner makes any recurrent payments which were previously made by the student in pursuance of an obligation incurred before the first academic year of the student’s course, the partner’s residual income is reduced by— a an amount equal to the payments in question for the academic year, if in the opinion of the Department the obligation had been reasonably incurred; or b such lesser amount, if any, as the Department considers appropriate if, in the opinion of the Department, a lesser obligation could reasonably have been incurred. 4 For the purposes of paragraph (2), where the dependant is a dependent child and payments are made to the eligible student towards the child’s maintenance, those payments are to be treated as the child’s income. 5 An eligible student’s partner’s residual income is determined in accordance with paragraph 6 of Schedule 5. 6 An eligible student’s adult dependants’ residual income is determined in accordance with paragraph 5 of Schedule 5 (other than sub-paragraphs (3)(b) and (c), (3A)(b) and (c), (8), (9) and (10) of paragraph 5), references to the parent being construed as references to the eligible student’s adult dependants. General 44 1 The grant for dependants consists of the following elements— a adult dependants’ grant; b childcare grant; c parents’ learning allowance. 2 The qualifying conditions for each element and the amounts payable are set out in regulations 45 to 48. Adult dependants’ grant 45 1 An eligible student qualifies for an adult dependants’ grant in connection with the student’s attendance on a designated course in accordance with this regulation. 2 The adult dependants’ grant is available in respect of one dependant of an eligible student who is either— a the eligible student’s partner; or b an adult dependant whose net income for the relevant year does not exceed £3,873. 3 The amount of adult dependants’ grant payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being— a £2,695; or b where the person in respect of whom the eligible student is applying for adult dependants’ grant is ordinarily resident outside the United Kingdom, such amount not exceeding £2,695 as the Department considers reasonable in the circumstances. Childcare grant 46 1 An eligible student (“A”) qualifies for a childcare grant in connection with A’s attendance on a designated course in accordance with this regulation. 2 Subject to paragraphs (3) , (3B) and (4), the childcare grant is available in respect of an academic year in which A incurs prescribed childcare charges for— a a dependent child who is under the age of 15 immediately before the beginning of the academic year; or b a dependent child who has special educational needs within the meaning of Article 3 of the Education (Northern Ireland) Order 1996 and is under the age of 17 immediately before the beginning of the academic year. 3 A does not qualify for a childcare grant if— a A or A’s partner has elected to receive the childcare element of the working tax credit under Part I of the Tax Credits Act 2002; b A or A’s partner is entitled to an award of universal credit, the calculation of which includes and amount under regulation 32 (childcare costs element) of the Universal Credit Regulations (Northern Ireland) 2016; or c A’s partner has elected to receive financial support for childcare under a healthcare bursary or Scottish healthcare allowance. 3A In this regulation, the terms “entitlement period” and “valid declaration of eligibility” have the same meanings as they have for the purposes of the Childcare Payments Act 2014 and regulations made thereunder. 3B A does not qualify for a childcare grant during any entitlement period for which A or A’s partner has made a valid declaration of eligibility under the Childcare Payments Act 2014 in relation to any child. 4 A does not qualify for a childcare grant if the prescribed childcare charges that A incurs for A’s child are paid or to be paid by A to A’s partner. 5 Subject to paragraphs (6) and (8) , the basic amount of childcare grant for each week is— a for one dependent child, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £148.75 per week; or b for two or more dependent children, 85 per cent. of the prescribed childcare charges, subject to a maximum amount of £255 per week except that A does not qualify for any such grant in respect of each week falling within the period between the end of the course and the end of the academic year in which the course ends. 6 For the purposes of calculating the basic amount of childcare grant— a a week runs from Monday to Sunday; and b where a week in respect of which prescribed childcare charges are incurred falls partly within and partly outside the academic year in respect of which childcare grant is payable under this regulation, the maximum weekly amount of grant is calculated by multiplying the relevant maximum weekly amount in paragraph (5) by the number of days of that week falling within the academic year and dividing the product by seven. 7 In this regulation “prescribed childcare charges” means childcare charges of a description prescribed for the purposes of section 12 of the Tax Credits Act 2002 . 8 Where A’s application for a childcare grant does not identify a childcare provider, the Department may limit— a the amount of grant paid to A to the amount specified in paragraph (9), and b payment of the grant to one quarter of the academic year, until A has submitted details of the childcare provider to the Department. 9 In paragraph (8), the amount of childcare grant is 85 per cent of the prescribed childcare charges, subject to a maximum amount of £115 per week. 10 Subject to paragraphs (8) and (11), a childcare grant is payable in respect of the four quarters of the academic year. 11 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a childcare grant in respect of the four quarters of that academic year. 11A Where— a a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for a childcare grant in respect of such quarters of the academic year as begin after the event in question occurs. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parents’ learning allowance 47 1 An eligible student (“A”) qualifies in connection with A’s attendance on a designated course for the parents’ learning allowance if A has one or more dependants who are dependent children. 2 The amount of parents’ learning allowance payable in respect of an academic year is calculated in accordance with regulation 48, the basic amount being £1,538. Calculations 48 1 Subject to the following paragraphs, the amount payable in respect of a particular element of the grant for dependants for which the eligible student qualifies under regulations 45 to 47 is the amount of that element remaining after applying, until it is extinguished, an amount equal to A − B as follows and in the following order— a to reduce the basic amount of the adult dependants’ grant where the eligible student qualifies for that element under regulation 45; b to reduce the basic amount of the childcare grant for the academic year where the eligible student qualifies for that element under regulation 46; and c to reduce the basic amount of the parents’ learning allowance where the eligible student qualifies for that element under regulation 47. 2 Subject to paragraphs (4), (5) and (13), where B is greater than or equal to A , the basic amount of each element of the grant for dependants for which the eligible student qualifies is payable. 3 Where A − B is equal to or exceeds the aggregate of the basic amounts of the elements of the grant for dependants for which the eligible student qualifies, the amount payable in respect of each element is nil. 4 The amount of adult dependants’ grant calculated under paragraph (1) in respect of an adult dependant is reduced by one half where— a the eligible student’s partner— i is an eligible student; or ii holds a statutory award; and b account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award. 5 The amount of childcare grant calculated under paragraph (1) is reduced by one half where— a the eligible student’s partner— i is an eligible student; or ii holds a statutory award; and b account is taken of that partner’s dependants in calculating the amount of support for which that partner qualifies or the payment to which that partner is entitled under the statutory award. 6 Where the amount of the parents’ learning allowance calculated under paragraph (1) is £0.01 or more but less than £50, the amount of parents’ learning allowance payable is £50. 7 In this regulation— A is the aggregate of— a the residual income of the eligible student’s partner for the prior financial year; b the residual income of the eligible student’s adult dependants for the prior financial year; and c subject to paragraph (7B), (7C) or (7D), the net income of the eligible student’s dependent children for the prior financial year”. Where the student begins the course before 1st September 2013, B is— a £1,182 where the eligible student has no dependent child; b £3,543 where the eligible student is not a lone parent and has one dependent child; c £4,721 where the eligible student— i is not a lone parent and has more than one dependent child; or ii is a lone parent and has one dependent child; d £5,910 where the eligible student is a lone parent and has more than one dependent child. Where the student begins the course on or after 1st September 2013, B is— a £6,182 where the eligible student has no dependent child; b £8,543 where the eligible student is not a lone parent and has one dependent child; c £9,721 where the eligible student— i is not a lone parent and has more than one dependent child; or ii is a lone parent and has one dependent child; d £10,910 where the eligible student is a lone parent and has more than one dependent child. 7A For the purposes of paragraph (7), the current course is treated as beginning before 1st September 2013 in relation to a student “A” where A transfers to the current course pursuant to regulation 8 on or after 1st September 2013 from a designated course beginning before 1st September 2013. 7B Where the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the prior financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year. 7C In the event that paragraph (7B) or this paragraph is applied in the previous academic year of the current course and the Department is satisfied that the net income of the eligible student’s dependent children in the financial year beginning immediately before the relevant year (“the current financial year”) is likely to be not more than 95 per cent of the sterling value of their net income in the previous financial year the Department may, for the purpose of enabling the eligible student to attend the course without hardship, ascertain the dependent children’s net income for the current financial year. 7D In an academic year immediately following one in which the Department has ascertained the eligible student’s dependent children’s net income for the current financial year under paragraph (7B) and, where applicable, under sub-paragraph (7C) the Department must ascertain the dependent children’s net income in the preceding financial year. 8 Paragraphs (9) to (12) apply where, in the course of the academic year, any of the following occurs— a there is a change in the number of the eligible student’s dependants; b a person becomes or ceases to be a dependant of the eligible student; c the eligible student becomes or ceases to be a lone parent; d a student becomes eligible for support as a result of — i course designation event, or ii an in-year qualifying event (other than a settled status event) . 9 For the purposes of determining the respective values of A and B and whether adult dependants’ grant or parents’ learning allowance is payable, the Department must determine the following in relation to each relevant quarter by reference to the student’s circumstances in the relevant quarter— a how many dependants the eligible student is to be treated as having; b who those dependants are; c whether the student is to be treated as a lone parent. 10 The amount of grant for dependants for the academic year is the aggregate of the amounts of adult dependants’ grant and parents’ learning allowance calculated in respect of each relevant quarter under paragraph (11) and the amount of any childcare grant for the academic year. 11 The amount of adult dependants’ grant and parents’ learning allowance in respect of a relevant quarter is one third of what that grant or allowance would be for the academic year if the student’s circumstances in the relevant quarter as determined under paragraph (9) applied for the duration of the academic year. 12 In this regulation, a “relevant quarter” means— a in the case of a person referred to in paragraph (8)(d), a quarter which begins after the relevant event occurs other than a quarter during which, in the opinion of the Department, the longest of any vacation occurs; b otherwise, a quarter other than the one quarter during which, in the opinion of the Department, the longest of any vacation occurs. 13 A deduction may be made in accordance with Part 8 from the amount payable in respect of a particular element of the grant for dependants calculated under this Part. CHAPTER 5 GRANTS FOR TRAVEL Interpretation 49 For the purposes of this Chapter— a any reference to expenditure incurred for the purpose of attending an institution or period of study or period of overseas work placement in an Erasmus year — i includes expenditure both before and after so attending; and ii does not include any expenditure in respect of which a grant is payable under Chapter 3 of this Part; b “qualifying quarter” means a quarter during which the eligible student attends as part of the student’s course an overseas institution or the Institute or overseas workplace in an Erasmus year for at least half the period covered by that quarter. General 50 A grant for travel is available— a to eligible students attending courses in medicine or dentistry in accordance with regulation 51; b to eligible students attending an overseas institution or the Institute or overseas workplace in an Erasmus year in accordance with regulation 53. Quarters in respect of which grant for travel is payable 50A 1 Subject to paragraphs (2) and (3), a grant for travel is payable in respect of the four quarters of the academic year. 2 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a grant for travel in respect of the four quarters of the first academic year of the course. 3 Where— a a course designation event which results in a student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for a grant for travel in respect of such quarters of the academic year as begin after the event in question occurs. Qualifying conditions for the grant for travel – courses in medicine and dentistry 51 A grant is available to an eligible student attending a course in medicine or dentistry (a necessary part of which is a period of study by way of clinical training) in respect of the reasonable expenditure which the student is obliged to incur in an academic year for the purpose of attending in connection with the student’s course any hospital or other premises in the United Kingdom or Republic of Ireland (not comprised in the institution) at which facilities for clinical training are provided other than expenditure incurred for the purpose of residential study away from the institution. Amount of the grant for travel – courses in medicine and dentistry 52 The amount of grant payable under regulation 51 in respect of an academic year is equal to the reasonable expenditure that the Department determines the eligible student is obliged to incur for the purposes set out in that regulation less £309. Qualifying conditions for the grant for travel – overseas study 53 A grant is available to an eligible student in respect of the reasonable expenditure which the student is obliged to incur in each qualifying quarter within or outside the United Kingdom for the purpose of attending as part of the student’s course the overseas institution or the Institute or overseas workplace in an Erasmus year . Amount of the grant for travel – overseas study 54 The amount of grant payable under regulation 53 in respect of an academic year is calculated as follows— ( X − £ 309 ) + Y where— X is the aggregate of the reasonable travel costs that the eligible student is obliged to incur in each qualifying quarter for the purposes set out in regulation 53. Y is the aggregate of the expenditure incurred in each qualifying quarter specified in regulation 55. 55 The expenditure specified in this regulation is— a expenditure that the eligible student reasonably incurs in insuring against liability for the cost of medical treatment provided outside the United Kingdom for any illness or bodily injury contracted or suffered during the period the student is attending the overseas institution or the Institute; b the cost of a visa or visas that the eligible student is obliged to obtain in order to attend the overseas institution or the Institute; and c medical costs that the eligible student reasonably incurs in order to fulfil a mandatory condition of entry into the territory, country or state in which the overseas institution or the Institute is situated. Deductions from the grant for travel 56 A deduction may be made from any grant under this Chapter in accordance with Part 8. CHAPTER 6 MAINTENANCE GRANTS FOR CURRENT SYSTEM STUDENTS Qualifying conditions for the maintenance grant 57 1 A current system student qualifies in accordance with this regulation for a maintenance grant in connection with the student’s attendance on a designated course. 2 A current system student does not qualify for a maintenance grant if the student qualifies for a special support grant. 3 If a current system student does not qualify for a fee loan or relevant institution charge loan in respect of an academic year of the designated course, the student cannot qualify for a maintenance grant for that year unless the reason that the student does not qualify for a fee loan or relevant institution charge loan is that— a the year is an Erasmus year in accordance with regulation 20(3) ; or b the designated course is an old flexible postgraduate course for the initial training of teachers. 4 Subject to paragraph (5), a maintenance grant is payable to a current system student in respect of the four quarters of the academic year. 5 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a maintenance grant in respect of the four quarters of that academic year. 5A Where— a a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for a maintenance grant in respect of such quarters of the academic year as begin after the event in question occurs. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A current system student does not qualify for a maintenance grant if the current course is a graduate entry course . Amount of the maintenance grant 58 1 The maximum amount of maintenance grant available in respect of an academic year is— a in the case of a type 1 or type 3 teacher training student, £1,738; b in the case of a type 2 teacher training student, £3,475; and c in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475. 2 A type 1 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £1,738; b where the household income exceeds £19,203 but does not exceed £29,019 the student receives an amount equal to M − ( A 2 ) where M is £1,738 A is £1 for every complete £9.09 by which the household income exceeds £19,203; and c where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659. 3 A type 2 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year — a where the household income is £19,203 or less, the student receives £3,475; b where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to M − A where— M is £3,475 A is £1 for every complete £4.55 by which the household income exceeds £19,203; and c where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318. 4 A type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £1,738; b where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to M − ( A + ​ B 2 ) where— M is £1,738 A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019 B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and c where the household income exceeds £41,065, no maintenance grant is payable. 5 A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a maintenance grant in respect of an academic year receives an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £3,475; b where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to M − A where— M is £3,475 A is £1 for every complete £4.55 by which the household income exceeds £19,203; c where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to R M − A where— RM is £1,318 A is £1 for every complete £9.50 by which the household income exceeds £29,019; d where the household income exceeds £41,065, no maintenance grant is payable. CHAPTER 7 SPECIAL SUPPORT GRANTS FOR CURRENT SYSTEM STUDENTS Qualifying conditions for the special support grant 59 1 A current system student qualifies in accordance with this regulation for a special support grant in connection with the student’s attendance on a designated course to defray the costs of books, equipment, travel or childcare incurred for the purpose of attending that course. 2 A current system student qualifies for a special support grant if the student— a falls within a prescribed category of person for the purposes of section 123(1)(e) of the Social Security Contributions and Benefits Act (Northern Ireland) 1992 ; ... b is treated as being liable to make payments in respect of a dwelling prescribed by regulations made under section 129(2) of that Act ; or c under regulation 26(3) (housing costs element) of the Universal Credit Regulations (Northern Ireland) 2016 is liable or treated as being liable to make payments in respect of the accommodation they occupy as their home. 3 If a current system student does not qualify for a fee loan or relevant institution charge loan in respect of an academic year of the designated course, the student cannot qualify for a special support grant for that year unless the reason that the student does not qualify for a fee loan or relevant institution charge loan is that— a the year is an Erasmus year in accordance with regulation 20(3) ; or b the designated course is an old flexible postgraduate course for the initial training of teachers. 4 Subject to paragraph (5), a special support grant is payable in respect of the four quarters of the academic year. 5 Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a special support grant in respect of the four quarters of that academic year. 5A Where— a a course designation event which results in student’s course becoming a designated course occurs in the course of an academic year; or b an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible student occurs in the course of an academic year, the student may qualify for a special support grant in respect of such quarters of the academic year as begin after the event in question occurs. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of the special support grant 60 1 The maximum amount of special support grant available in respect of an academic year is— a in the case of a type 1 or type 3 teacher training student, £1,738; b in the case of a type 2 teacher training student, £3,475; c in the case of a current system student other than a type 1, type 2 or type 3 teacher training student, £3,475. 2 A type 1 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £1,738; b where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to M − ( A 2 ) where— M is £1,738 A is £1 for every complete £9.09 by which the household income exceeds £19,203; and c where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £659. 3 A type 2 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £3,475; b where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to M − A where— M is £3,475 A is £1 for every complete £4.55 by which the household income exceeds £19,203; and c where the household income exceeds £29,019 or the student opts when applying for the grant not to provide the information needed to calculate the household income, the student receives £1,318. 4 A type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives, subject to sub-paragraph (c), an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £1,738; b where the household income exceeds £19,203 but does not exceed £41,065, the student receives an amount equal to M − ( A ​ + ​ B 2 ) where— M is £1,738 A is £1 for every complete £9.09 by which the household income exceeds £19,203 but does not exceed £29,019 B is £1 for every complete £19.00 by which the household income exceeds £29,019 but does not exceed £41,065; and c where the household income exceeds £41,065, no special support grant is payable. 5 A current system student other than a type 1, type 2 or type 3 teacher training student who qualifies for a special support grant in respect of an academic year receives an amount as follows in respect of that year— a where the household income is £19,203 or less, the student receives £3,475; b where the household income exceeds £19,203 but does not exceed £29,019, the student receives an amount equal to M − A where— M is £3,475 A is £1 for every complete £4.55 by which the household income exceeds £19,203; c where the household income exceeds £29,019 but does not exceed £41,065, the student receives an amount equal to R M − A where— RM is £1,318 A is £1 for every complete £9.50 by which the household income exceeds £29,019; and d where the household income exceeds £41,065, no special support grant is payable. CHAPTER 8 HIGHER EDUCATION BURSARIES FOR OLD SYSTEM STUDENTS Qualifying conditions and amounts of the higher education bursary 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 LOANS FOR LIVING COSTS CHAPTER 1 QUALIFYING CONDITIONS Interpretation of Part 6 62 In this Part— a a “current system student with full entitlement” is a current system student other than a student with reduced entitlement; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c the “relevant date” means the first day of the first academic year of the specified designated course; d a “student with reduced entitlement” is an eligible student who— i does not qualify for a grant for living and other costs in respect of the academic year because of regulation 39(3)(a) or (b) or 39(5); or ii opts when applying for a loan for living costs not to provide the information needed to calculate the household income; e where the duration of a graduate-entry or postgraduate-level course for the initial training of teachers is only one academic year, that year is not to be treated as the final year. Qualifying conditions for the loan for living costs – current system students 63 1 Subject to paragraphs (3) to (5), a current system student qualifies for a loan for living costs in connection with the student’s attendance on a designated course if the student is under the age of 60 on the relevant date and— a where the student begins the course on or after 1st September 2009, the designated course does not lead to an equivalent or lower qualification unless the student’s status as an eligible student has been transferred to the current course pursuant to regulation 8 from a designated course which began before 1st September 2009 and the student does not have an honours degree from an institution in the United Kingdom; or b he does not have an honours degree from— i an institution in the United Kingdom; or ii an institution in the Republic of Ireland for which he received financial support under previous regulations. 2 The condition in paragraph (1)(a) or (b) does not apply where— a the designated course leads to qualification as a social worker, medical doctor, dentist, veterinary surgeon or architect; b the designated course began before 1st September 2009 and leads to qualification as a landscape architect, landscape designer, landscape manager, town planner or town and country planner; c the current system student is eligible to apply for a healthcare bursary or a Scottish healthcare allowance, the amount of which is calculated by reference to that student’s income whether or not the calculation results in a nil amount in respect of any academic year of the course; or d the current system student is on a course for the initial training of teachers. 3 A current system student does not qualify for a loan for living costs if— a he is in receipt of funding from the Department to participate in a management development programme known as Study USA ; or b the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D 4 A current system student does not qualify for a loan for living costs in connection with the student’s attendance on a designated course if that course is a flexible postgraduate course for the initial training of teachers which is of less than one academic year’s duration. 5 A current system student does not qualify for a loan for living costs if the student is a prisoner. Qualifying conditions for the loan for living costs – old system students 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 2 MAXIMUM AMOUNTS OF LOANS General 65 1 The maximum amount of a loan for living costs in respect of an academic year is calculated as follows— a where the eligible student is a current system student with full entitlement, in accordance with regulation 66 or 67; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c where the eligible student is a student with reduced entitlement, in accordance with regulation 69. Current system students with full entitlement 66 1 This regulation applies to a current system student with full entitlement (other than a type 1 or type 2 teacher training student where his contribution exceeds nil). 2 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an intensive course is equal to X − Y where— X is— for a student in category A, £6,300 ; for a student in category B, £11,391 ; for a student in category C, £9,694 ; for a student in category D, £8,132 ; Y is the maintenance grant amount. 3 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an intensive course is equal to X − Y where— X is— for a student in category A, £5,696 ; for a student in category B, £10,366 ; for a student in category C, £8,426 ; for a student in category D, £7,527 ; Y is the maintenance grant amount. 4 “the maintenance grant amount” is, unless otherwise stated— i where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant not exceeding £1,318, the amount of maintenance grant payable; ii where the student qualifies under regulation 58(2) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,700 less £1 in every complete £9.42 by which the household income exceeds £19,203; iii where the student qualifies under regulation 58(2) for an amount of maintenance grant of £1,738, £1,700; iv where the student qualifies under regulation 58(3) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £2,650 less £1 in every complete £7.36 by which the household income exceeds £19,203; v where the student qualifies under regulation 58(4) for an amount of maintenance grant exceeding £1,318 but less than £1,738, £1,550 less £1 in every complete £11.01 by which the household income exceeds £19,203; vi where the student qualifies under regulation 58(4) for an amount of maintenance grant of £1,738, £1,550; vii where the student qualifies under regulation 58(5) for an amount of maintenance grant exceeding £1,318 but less than £3,475, £1,850 less £1 in every complete £18.45 by which the household income exceeds £19,203; viii where the student qualifies under Chapter 6 of Part 5 for an amount of maintenance grant of £3,475, £1,850; and ix where no maintenance grant is payable, nil. Type 1 and type 2 teacher training students 67 1 This regulation applies to a current system student with full entitlement who is a type 1 or type 2 teacher training student whose contribution exceeds nil. 2 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year other than the final year of a course that is not an accelerated course is — a for a student in category A, £6,300 ; b for a student in category B, £11,391 ; c for a student in category C, £9,694 ; d for a student in category D, £8,132 . 3 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student to whom this regulation applies qualifies in respect of an academic year that is the final year of a course that is not an accelerated course is— a for a student in category A, £5,696 ; b for a student in category B, £10,366 ; c for a student in category C, £8,426 ; d for a student in category D, £7,527 . Old system students with full entitlement 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students with reduced entitlement 69 1 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year of a course other than the final year of a course that is not an intensive course is— a where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)— i for a student in category A, £2,991 ; ii for a student in category B, £5,595 ; iii for a student in category C or D, £3,982 . b where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)— i for a student in category A, £2,991 ii for a student in category B, £5,595 ; iii for a student in category C, £4,763 ; iv for a student in category D, £3,982 . c where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where— X is— for a student in category A, £4,725 ; for a student in category B, £8,543 ; for a student in category C, £7,271 ; for a student in category D, £6,099 ; Y is the amount specified in paragraph (3). d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Subject to Chapter 4 of this Part, the maximum amount of loan for living costs for which a student with reduced entitlement qualifies in respect of an academic year that is the final year of a course that is not an intensive course is— a where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(a)— i for a student in category A, £2,268 ; ii for a student in category B, £4,284 ; iii for a student in category C or D, £3,108 ; b where the student does not qualify for a grant for living and other costs in relation to the academic year because of regulation 39(3)(b) or (5)— i for a student in category A, £2,268 ; ii for a student in category B, £4,284 ; iii for a student in category C, £3,478 ; iv for a student in category D, £3,108 ; c where a current system student applies for a loan for living costs and opts not to provide the information needed to calculate the household income an amount equal to X − Y where— X is— for a student in category A, £4,272 ; for a student in category B, £7,775 ; for a student in category C, £6,320 ; for a student in category D, £5,645 ; Y is the amount specified in paragraph (3). d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The specified amount is— a £659 where the student is a type 1 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £659; b £1,318 where the student is a type 2 teacher training student who opts not to provide the information needed to calculate the household income when applying for a maintenance grant and who qualifies for a maintenance grant of £1,318; c nil where the student is not a type 1 or type 2 teacher training student. CHAPTER 3 LONG COURSES LOAN Long courses loan 70 1 An eligible student qualifies for a long courses loan in connection with the student’s attendance on a designated course if the student— a qualifies for a loan for living costs under this Part; b is required to attend the course for a period exceeding 30 weeks and 3 days in an academic year; and c is not a student with reduced entitlement. 2 The maximum amount of long courses loan is X + Y where— X is calculated in accordance with paragraph (3), Y is calculated in accordance with paragraph (4); 3 Where an eligible student is required to attend a course for a period exceeding 30 weeks and 3 days in an academic year, the number of weeks or part weeks of attendance in the academic year beyond 30 weeks and 3 days is multiplied by the relevant amount in paragraph (5); 4 Where an eligible student attends a course for a period of not less than 45 weeks in any continuous period of 52 weeks, the total number of weeks in the 52-week period during which the student does not attend is multiplied by the relevant amount in paragraph (5); 5 The amount is— i for a student in category A, £93 ; ii for a student in category B, £183 ; iii for a student in category C, £197 ; iv for a student in category D, £142 . 6 Where an eligible student attends a course at the University of Ulster for a period not exceeding 6 weeks during the summer vacation and the Department is satisfied that the course is one which is included under the university’s summer teaching scheme, the maximum amount of long courses loan for each week or part week of such attendance is— a for a student in Category A, by £55; or b for a student in Category D, by £84 7 A deduction from the amount of long courses loan calculated in accordance with this regulation may be made in accordance with Part 8. CHAPTER 4 MISCELLANEOUS Quarters in respect of which the loan for living costs and the long courses loan are payable 71 1 Subject to regulation 74, the loan for living costs is payable in respect of three quarters of the academic year and the long courses loan is payable in respect of four quarters of the academic year. 2 The loan for living costs is not payable— a in the case of a compressed degree student, in respect of the quarter nominated by the Department; b in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students falling into more than one category 72 Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year— a the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable; b the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; c the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable; d the maximum amount of long courses loan for each such quarter is one fourth of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and e the category which applies to a quarter is— i the category into which the student falls for the longer or longest period in that quarter; or ii if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year. Students residing with parents 73 1 Where an eligible student (“X”) resides at X’s parents’ home and the Department is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part. Students becoming eligible in the course of an academic year 74 1 Where any of the following events occur in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which such a loan is payable as beginning after the event in question occurs— a a course designation event which results in the student’s course becoming a designated course; or b an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student. 1A Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a loan for living costs in respect of all quarters of that academic year in respect of which a loan for living costs is payable. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred. 4 The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation. 5 The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year. 6 The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation. 7 The maximum amount of long courses loan for each quarter is one fourth of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year. Students who are treated as in attendance on a course 75 1 A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan. 2 This regulation applies to— a a compressed degree student; aa a student on a period of study or period of overseas work placement in an Erasmus year; b a disabled student who— i is not a compressed degree student; and ii is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability. Deductions from loans for living costs 76 1 A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement ... may be made in accordance with Part 8. 2 There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement. Applying for an additional amount of loan for living costs or long courses loan 77 1 An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where— a the Department determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and b the Department considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student— i failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or ii providing information that is inaccurate in any material particular. 2 The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum. 3 Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the student’s case. Categories of student 78 Subject to regulation 78A, in this Part— a a student (“X”) is in category A if— i X resides at X’s parents’ home while attending the designated course; or ii X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order; b a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following— i a course at the University of London; ii a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or iii a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that “Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District; c a student is in category C if the student is not in category A and— i attends an overseas institution as part of the student’s course; ... ii attends the Institute; or iii attends an overseas work placement in an Erasmus year; d a student is in category D if the student is not in categories A to C. Application of category A in quarters ending on 30th June 2021 and 31st August 2021 78A 1 This regulation applies in relation to the application of category A in respect of— a the quarter beginning on 1st April 2021 and ending on 30th June 2021; and b the quarter beginning on 1st July 2021 and ending on 31st August 2021. 2 For the purposes of this Part, a student is not to be treated as falling into category A if, in respect of the quarter ending on 31st March 2021, they were paid the rate of loan for living costs and, where applicable, the long courses loan, payable to a student in category B or D. 3 Paragraph (2) does not apply in relation to one or both of the quarters mentioned in paragraph (1), in the case of a student who applies to the Department to have their loan for living costs and, where applicable, the long courses loan, paid at the rate payable to a student in category A for that quarter or those quarters, as the case may be. PART 7 COLLEGE FEE LOANS General 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifying conditions 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons to be treated as eligible students 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disabled students 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Students becoming eligible during the course of an academic year 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Availability of college fee loans 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of college fee loan 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8 FINANCIAL ASSESSMENT Calculation of contribution 87 1 An eligible student’s contribution in respect of an academic year is the amount, if any, calculated under Schedule 5. 2 For the purposes of the exercise of the Department’s functions under the Order and regulations made under it the Department may require an eligible student to provide from time to time such information as the Department considers necessary as to the income of any person whose means are relevant to the assessment of the student’s contribution. Application of contribution – current system students 88 In the case of a current system student, the Department must apply the contribution in accordance with regulation 91. Application of contribution – old system students 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Order of application 90 The contribution or the remainder of the contribution, as the case may be, is to be applied as follows— a first, to reduce the amount of adult dependants’ grant calculated in accordance with regulation 48; b second, to reduce the childcare grant calculated in accordance with regulation 48; c third, to reduce the parents’ learning allowance calculated in accordance with regulation 48 (except the first £50 of the allowance); d fourth, to reduce the loan for living costs for which the eligible student (other than a student with reduced entitlement) qualifies under Part 6 to no less than the minimum level for the academic year specified in regulation 91; e fifth, to reduce the grant for travel calculated in accordance with Chapter 5 of Part 5. Minimum level of loan for living costs 91 1 Subject to paragraphs (2) and (5), for a current system student, the “minimum level for the academic year” in regulation 90(d) is— a £4,725 , in the case of a student in category A; b £8,543 , in the case of a student in category B; c £7,271 , in the case of a student in category C; d £6,099 , in the case of a student in category D. 2 Subject to paragraph (5), for a current system student where the academic year in question is the final year of a course other than an intensive course, the “minimum level for the academic year” in regulation 90(d) is— a £4,272 , in the case of a student in category A; b £7,775 , in the case of a student in category B; c £6,320 , in the case of a student in category C; d £5,645 , in the case of a student in category D. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Where different categories apply for different quarters of the academic year, the minimum levels in paragraphs (1) or (2) are the aggregate of the amounts determined under paragraph (6) for each of the quarters in respect of which a loan is payable. 6 The amount determined for each quarter is one third of the amount in paragraph (1) or (2) which corresponds to the rate applicable for the quarter. 7 The rate applicable for a quarter is determined in accordance with regulation 72. 8 Categories A to D have the meaning given in regulation 78. Amount of loan for living costs payable to certain type 1 and type 2 teacher training students 92 1 This regulation applies to type 1 and type 2 teacher training students who qualify for a maintenance grant and whose contribution exceeds nil. 2 The loan for living costs payable in respect of an academic year to a student to whom this regulation applies is calculated as follows— A − B where A is the amount of loan for living costs left after applying the contribution in accordance with this Part; and B is the amount of maintenance grant payable to the student. PART 9 PAYMENTS CHAPTER 1 INTERPRETATION OF PART 9 Interpretation 93 In this Part— a “attendance confirmation” means— i confirmation from the academic authority that the student has enrolled for the academic year where— aa the student is applying for support in connection with a designated course for the first time; bb the student has a disability; and cc the student is undertaking the course but not attending (regardless of whether the reason for not attending relates to the student’s disability); ii confirmation from the academic authority that the student has been present at the institution and begun to attend the course where— aa the student is applying for support in connection with a designated course for the first time; bb the student’s status as an eligible student has not been transferred to the course from another designated course at the same institution; and cc sub-paragraph (i)(cc) does not apply; iii confirmation from the academic authority that the student has enrolled for the academic year where— aa the student is applying for support in connection with a designated course other than for the first time; or bb the student is applying for support in connection with a designated course for the first time after the student’s status as an eligible student has been transferred to that course from another course at the same institution; b “payment period” means a period in respect of which the Department pays the relevant support under Part 5 or Part 6 or would have paid such support if the eligible student’s period of eligibility had not terminated. CHAPTER 2 PAYMENT OF GRANTS FOR FEES Payment of grants for fees 94 1 The Department must not pay the grant for fees for which a student qualifies until the Department has received a request for payment from the academic authority. 2 Payment must be made to the academic authority— a not before the expiry of a period of three months beginning with the first day of the academic year; and b not later than 10 weeks after the expiry of the period in sub-paragraph (a), or promptly after a request for payment has been received, if that is later. 3 Where assessment of the student’s contribution or other matters have delayed the final calculation of the amount of grant for fees for which the student qualifies, the Department may make a provisional assessment and payment. 4 No payment of the grant for fees can be made in respect of a designated course if— a before the expiry of a period of three months beginning with the first day of the academic year the eligible student ceases to attend or, in the case of a student who is treated as in attendance under regulation 19, undertake the course; and b the academic authority has determined or agreed that the student will not begin attending or, as the case may be, undertaking in the United Kingdom the course again during the academic year in respect of which the fees are payable or at all. CHAPTER 3 PAYMENT OF GRANTS FOR LIVING AND OTHER COSTS Payment of grants for living and other costs 95 1 The Department may pay support under Part 5 in instalments. 2 Subject to paragraph (3), the Department may pay support under Part 5 at such times as the Department considers appropriate. 3 An academic authority is required to send an attendance confirmation to the Department. 4 The Department must not pay the first instalment or, where it has been determined not to pay support under Part 5 by instalments, make any payment of support under that Part to the eligible student before the Department has received the attendance confirmation unless an exception applies. 5 An exception applies if— a a disabled students’ allowance is payable in which case that particular grant may be paid before the Department has received an attendance confirmation; or b the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation. 6 Payments of support under Part 5 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer. 7 Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 5. 8 Subject to paragraph (9), no support under Part 5 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day. 9 Paragraph (8) does not apply in respect of disabled student’s allowance. 10 In deciding whether it would be appropriate for support to be due under paragraph (8) the circumstances to which the Department must have regard include the financial hardship not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course. 11 No support under Part 5 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates. 12 Where an eligible student’s period of eligibility terminates on or after the relevant date, the Department must determine— a the amount of each grant for living and other costs for which the student qualifies that would be payable in respect of the relevant payment period if the eligible student’s period of eligibility had not terminated (the “full amount”); and b how much of the full amount is due in respect of the period which runs from the first day of the relevant payment period up to and including the day on which the eligible student’s period of eligibility terminated (the “partial amount”). 13 In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins. 14 If the Department has made a payment of grant for living and other costs in respect of the relevant payment period before the point in that period at which the eligible student’s period of eligibility terminated and that payment exceeds the partial amount of that grant— a the Department may treat the excess as an overpayment of that grant; or b if the Department considers that it is appropriate to do so the Department may extend the student’s period of eligibility in respect of that grant until the end of the relevant payment period and determine that the full amount of that grant is due in respect of that payment period. 15 Subject to paragraph (16), if a payment of a grant for living and other costs in respect of the relevant payment period is due to be made or is made after the eligible student’s period of eligibility has terminated, the amount of that grant due is the partial amount unless the Department considers it appropriate to extend the period of eligibility in respect of that grant until the end of the relevant payment period and to determine that the full amount of that grant is due in respect of that payment period. 16 Paragraph (15) does not apply to a payment of the disabled students’ allowance in respect of specialist equipment. 17 No support under Part 5 is due in respect of a payment period during any part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence. 18 In deciding whether it would be appropriate for support to be due under paragraph (17) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause. 19 An eligible student is not to be considered absent from the course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days. 20 Where, after the Department has made any payment of support under Part 5 or Part 6, the Department makes a determination of the amount of a grant for living and other costs for which the student qualifies either for the first time or by way of revision of a provisional or other determination of that amount— a if the determination increases the amount of that grant for which the student qualifies the Department must pay the additional amount in such instalments (if any) and at such times as the Department considers appropriate; b if the determination decreases the amount of that grant for which the student qualifies the Department must subtract the amount of the decrease from the amount of that grant which remains to be paid; c if the amount of the decrease is greater than the amount of that grant remaining to be paid the latter amount is reduced to nil and the balance subtracted from any other bursary or grant for living and other costs for which the student qualifies in respect of the academic year; d any remaining overpayment is recoverable in accordance with Chapter 5 of this Part. CHAPTER 4 PAYMENT OF LOANS General 96 1 Subject to paragraph (2) — a fee loans and relevant institution charge loans are payable in accordance with regulation 99; ab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c loans for living costs and long courses loans are payable in accordance with regulation 101; 2 Regulations 97 and 98 apply in respect of the payment of all loans. Provision of United Kingdom national insurance number 97 1 The Department may make it a condition of entitlement to payment of any loan that the eligible student must provide the Department with the student’s United Kingdom national insurance number. 2 Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the loan to the eligible student before it is satisfied that the student has complied with that condition. 3 Despite paragraph (2), the Department may make a payment of loan to an eligible student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible student having complied with the condition imposed under paragraph (1). Information requirements 98 1 The Department may at any time request from an applicant or eligible student information that the Department considers is required to recover a loan. 2 The Department may at any time require an applicant or eligible student to enter into an agreement to repay a loan by a particular method. 3 The Department may at any time request from an applicant or eligible student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate. 4 Where the Department has requested information under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request. 5 Where the Department has requested an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a loan until the person provides what has been requested. Payment of fee loans and fee contribution loans 99 1 The Department must pay the fee loan or relevant institution charge loan for which an eligible student qualifies to an institution to which the student is liable to make payment. 2 The Department may pay the fee loan or relevant institution charge loan in instalments. 3 The Department must not pay the fee loan or relevant institution charge loan or instalment of fee loan or relevant institution charge loan until the Department has received from the academic authority— a a request for payment; and b confirmation (in such form as may be required by the Department) of the student’s attendance on the course for the period to which the instalment relates. 4 In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student– a has enrolled for the academic year and has begun to attend the course for that academic year, where the confirmation relates to payment of the fee loan or relevant institution charge loan or the first instalment of the fee loan or relevant institution charge loan for the academic year; or b remains enrolled and continues to attend the course, where the confirmation relates to payment of an instalment of the fee loan or relevant institution charge loan other than the first instalment. 5 The academic authority must inform the Department if a student ceases to attend the designated course during the academic year. Payment of fee contribution loans 99A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of college fee loans 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of loans for living costs and long courses loans 101 1 The Department may pay support under Part 6 in instalments. 2 Subject to paragraph (4), the Department may pay support under Part 6 at such times as the Department considers appropriate. 3 An academic authority is required to send an attendance confirmation to the Department. 4 The Department must not pay the first instalment, or where it has been determined not to pay support under Part 6 by instalments, make any payment of support under Part 6 to the eligible student before the Department has received an attendance confirmation from the relevant academic authority unless an exception applies. 5 An exception applies if the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving an attendance confirmation. 6 Where a final assessment cannot be made on the basis of the information provided by the student, the Department may make a provisional assessment and payment of support under Part 6. 7 Payments of support under Part 6 are to be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer. 8 Where the Department has made any payment of support under Part 5 or under Part 6 and a student who qualifies for a loan for living costs or long courses loan under Part 6 applies for either loan or applies for an additional amount of either loan in respect of an academic year, the Department may pay that loan (or loans, as the case may be) or that additional amount of loan (or loans, as the case may be) in such instalments (if any) and at such times as the Department considers appropriate as soon as is reasonably practicable after a satisfactory application has been received. 9 Subject to paragraph (10), no support under Part 6 is due in respect of any day of an academic year on which the eligible student is a prisoner, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of that day. 10 In deciding whether it would be appropriate for support to be due under paragraph (9) the circumstances to which the Department must have regard include the financial hardship which not paying the support would cause and whether not paying the support would affect the student’s ability to continue the course. 11 No support under Part 6 in respect of the current course is due in respect of any payment period beginning after an eligible student’s period of eligibility terminates. 12 No support under Part 6 is due in respect of a payment period during part of which an eligible student is absent from the course, unless in the opinion of the Department it would be appropriate in all the circumstances for support to be paid in respect of the period of absence. 13 In deciding whether it would be appropriate for support to be due under paragraph (12) the circumstances to which the Department must have regard include the reasons for the student’s absence, the length of the absence and the financial hardship which not paying the support would cause. 14 An eligible student is not to be considered absent from the student’s course if the student is unable to attend due to illness and the student’s absence has not exceeded 60 days. 15 Where, after the Department has made any payment of support under Part 6 for which a student qualifies in respect of an academic year, the Department makes a determination that the amount of loan for living costs or long courses loan for which the student qualifies is less than the amount previously determined either by way of a revision of a provisional assessment or otherwise— a the Department must subtract from any amount of loan which remains to be paid under Part 6 such an amount as is necessary to ensure that the student does not borrow an amount of loan under Part 6 which is greater than that for which the student qualifies; b if the amount to be subtracted is greater than the amount of loan remaining to be paid under Part 6, the amount of that loan remaining to be paid is reduced to nil; c any remaining overpayment is recoverable in accordance with Chapter 5 of this Part. CHAPTER 5 OVERPAYMENTS Overpayments of fee support 102 1 Any overpayment of fee support is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of fee support was made. 1A A student must, if so required by the Department, repay any amount of fee support paid to the student, or in respect of the student, which for whatever reason exceeds the amount of fee support to which the student is entitled. 2 An overpayment of a fee loan or relevant institution charge loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances,— a by subtracting the overpayment from any amount on the fee loan or relevant institution charge loan which remains to be paid; aa by subtracting the overpayment from any kind of grant or loan payable under Article 3 of the Order; b by requiring the student to repay the fee loan or relevant institution charge loan in accordance with regulations made under Article 3 of the Order; c by taking such other action for the recovery of an overpayment as is available to the Department. Overpayments of college fee loan 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overpayments of support payable under Part 5 or Part 6 104 1 A student must, if so required by the Department, repay any amount paid to the student under Part 5 or 6 which for whatever reason exceeds the amount of support to which the student is entitled under Part 5 or 6. 2 The Department must recover an overpayment of any bursary or grant for living and other costs unless the Department considers it is not appropriate to do so. 3 The methods of recovery are— a subtracting the overpayment from any kind of bursary or grant or loan payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order; b taking such other action for the recovery of an overpayment as is available to the Department. 4 A payment of any bursary or grant for living and other costs made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise. 5 In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins. 6 In the circumstances in paragraph (7) or (8), there is an overpayment of the disabled students’ allowance unless the Department decides otherwise. 7 The circumstances are— a the Department applies all or part of the disabled students’ allowance to the purchase of specialist equipment on behalf of the ... student; b the student’s period of eligibility terminates after the relevant date; and c the equipment has not been delivered to the student before the student’s period of eligibility terminates. 8 The circumstances are— a the ... student’s period of eligibility terminates after the relevant date; and b a payment of the disabled students’ allowance in respect of specialist equipment is made to the student after the student’s period of eligibility terminated. 9 Where there is an overpayment of the disabled students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so. 10 Any overpayment of a loan for living costs or a long courses loan in respect of any academic year is recoverable by the Department from the student to whom the payment was made. 11 The methods of recovery are— a subtracting the overpayment from any kind of grant or loan payable to the student from time to time pursuant to regulations made by the Department under Article 3 of the Order; b requiring the student to repay the loan in accordance with regulations made under Article 3 of the Order; c taking such other action for the recovery of an overpayment as is available to the Department. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10 SUPPORT FOR FULL-TIME DISTANCE LEARNING COURSES Eligible distance learning students 105 1 An eligible distance learning student qualifies for support in connection with the student undertaking a designated distance learning course subject to and in accordance with this Part. 2 Subject to the following provisions of this regulation, a person is an eligible distance learning student in connection with a designated distance learning course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out— a in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or b in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies. 2A This paragraph applies where— a in connection with a designated distance learning course beginning before 1st August 2021, the Department— i in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for support in connection with that course or a designated distance learning course to which A’s status as an eligible distance learning student is transferred from that course in accordance with this Part. 2B In connection with a designated distance learning course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted. 3 A person (“A”) is not an eligible distance learning student if— a A is eligible to apply for, in connection with the distance learning course— i a healthcare bursary whether or not the amount of such bursary is calculated by reference to the person’s income; or ii any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007 ; b A is in breach of any obligation to repay any loan; c A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18; d A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or e subject to paragraph (5), A is a prisoner. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison. 6 For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation. 7 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 8 Subject to paragraphs (11) to (13), if a person satisfies the conditions in paragraph (9) or (10)— a paragraphs (2) and (3) do not apply to that person; and b that person is an eligible distance learning student for the purposes of this Part. 9 The conditions in this paragraph are— a the person qualified as an eligible distance learning student in connection with an earlier academic year of the current designated distance learning course pursuant to regulations made by the Department under Article 3 of the Order; and b the person’s status as an eligible distance learning student has not terminated. 10 The conditions in this paragraph are— a the Department has previously determined that the person is— i an eligible student in connection with a designated course; ii an eligible distance learning student in connection with a designated distance learning course other than the current distance learning course; or iii an eligible part-time student in connection with a designated part-time course; b the person’s status as an eligible student, eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated distance learning course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and c the person’s status as an eligible distance learning student has not terminated. 11 Where— a the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and b as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen. A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11A Where— a the Department determined that, by virtue of being a person granted section 67 leave, a person (“ A ”) was an eligible distance learning student in connection with– i an application for support for an earlier year of the current distance learning course; or ii an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11B Where— a the Department determined that, by virtue of being a person granted Calais leave, a person (“ A ”) was an eligible distance learning student in connection with– i an application for support for an earlier year of the current distance learning course; or ii an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11C Where— a the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible distance learning student in connection with an application for support for an earlier year of the current course, or an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11D Where— a the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was— i an eligible distance learning student in connection with an application for support for an earlier year of the current course, ii an eligible student in connection with an application for support in connection with a designated course, designated part-time course, or other designated distance learning course from which A’s status as an eligible part-time student, designated distance learning student or eligible student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11E Where— a the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was an eligible distance learning student in connection with— i an application for support for an earlier year of the current course, or ii an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen , A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11F Where— a the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“A”) was an eligible distance learning student in connection with— i an application for support for an earlier year of the current course, or ii an application for support in connection with a designated course, designated part-time course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired, and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11G Where— a the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“ A ”) was an eligible distance learning student in connection with— i an application for support for an earlier year of the current distance learning course; or ii an application for support in connection with a designated course, designated part-time course or other designated distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii A has not become a British or Irish citizen, A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12 Where— a the Department determined that, by virtue of being a person with leave to enter or remain on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible distance learning student in connection with an application for support for an earlier year of the current distance learning course or an application for support in connection with a designated course, designated part-time course or other distance learning course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current distance learning course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12A Where— a the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible distance learning student in connection with— i an application for support for an earlier year of the current distance learning course; or ii an application for support in connection with a designated distance learning course or other designated course from which A’s status as an eligible distance learning student or eligible student has been transferred to the current distance learning course; and b as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen , A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12C Where— a the Department determined that, by virtue of— i falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible distance learning student in connection with an application for support for an academic year of a designated distance learning course, and b as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible distance learning student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13 Paragraphs (11) and (12) do not apply where the student began the course in connection with which the Department determined that the person was an eligible student or eligible part-time student, as the case may be, before 21st September 2007. 14 An eligible distance learning student may not, at any one time, qualify for support for— a more than one designated distance learning course; b a designated distance learning course and a designated course; c a designated distance learning course and a designated part-time course; d a designated distance learning course and a designated postgraduate course ; e a designated distance learning course and a designated Master’s, etc. course. Students becoming eligible during the course of the academic year 106 1 Subject to paragraph (1)(d) where— a a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible distance learning student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student, the student may qualify for a fee grant in accordance with this Part in respect of that academic year; d a fee grant is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”. 2 Subject to paragraph (2)(d) where— a a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible distance learning student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible distance learning student, the student may qualify for a distance learning fee loan in accordance with this Part in respect of that academic year; d a distance learning fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs. 3 Subject to paragraph (3)(d) where— a a distance learning course designation event which results in a student’s course becoming a designated distance learning course occurs in the course of an academic year; or b a protected category event which results in a student becoming an eligible distance learning student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year, the student may qualify for a grant for books, travel and other expenditure in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs; d a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the event in question occurs. 4 Subject to paragraph (4)(d) where— a a distance learning course designation event which results in a student’s course becoming a distance learning course occurs in the course of an academic year; or b a protected category event which results in a student becoming an eligible distance learning student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event (other than a settled status event) which results in a student becoming an eligible distance learning student occurs within the first three months of an academic year, the student may qualify for disabled distance learning students’ allowance in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs; d a disabled distance learning students’ allowance is not available in respect of any academic year beginning before the academic year in which the event in question occurs. Designated distance learning courses 107 1 A course is designated for the purposes of Article 3(1) of the Order and regulation 105 if it is designated by the Department under this regulation. 2 Subject to paragraph (4), the Department may designate a course under this regulation if in the Department’s opinion— a the course is mentioned in Schedule 3 other than a course for the initial training of teachers or a graduate entry course ; b the course is a full-time course; c the course is of at least one academic year’s duration; and d students undertaking the course in the United Kingdom are not required to be in attendance on it by the institution or institutions providing the course. 3 For the purposes of determining whether the requirement in paragraph (2)(d) is satisfied the Department may disregard— a any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of— i registration or enrolment; ii an examination; b any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend , from time to time during the week or during any vacation; c any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions. 4 The Department may not designate a course as a designated distance learning course if— a it falls within paragraph 7 or 8 of Schedule 3; and b the governing body of a school has arranged for the provision of the course to a pupil of the school. 5 A first degree course is not a designated course where— a it leads to the award of a professional qualification; b a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and c the current course begins on or after 1st September 2009. 6 The Department may revoke or suspend the designation of a course which is designated under this regulation. Period of eligibility 108 1 A student’s status as an eligible distance learning student is retained in connection with a designated distance learning course until the status terminates in accordance with this regulation or regulation 105. 2 The period for which an eligible distance learning student retains that status is the “period of eligibility”. 3 Subject to the following paragraphs and regulation 107, the period of eligibility terminates at the end of the academic year in which the eligible distance learning student completes the designated distance learning course. 4 The period of eligibility terminates when the eligible distance learning student (“A”)— a withdraws from A’s designated distance learning course in circumstances where the Department has not transferred or converted or will not transfer or convert A’s status under regulation 116, 117, 118 or 135; or b abandons or is expelled from A’s designated distance learning course. 5 The Department may terminate the period of eligibility where A has shown by A’s conduct that A is unfitted to receive support. 6 If the Department is satisfied that an eligible distance learning student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances— a terminate the period of eligibility; b determine that the student no longer qualifies for any particular support or particular amount of support; c treat any support paid to the student as an overpayment which may be recovered under regulation 121 or 121A . 7 Where the period of eligibility terminates before the end of the academic year in which the eligible distance learning student completes the designated distance learning course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines. Support for distance learning courses 109 1 For the purposes of this regulation, the support available is— a a grant in respect of fees not exceeding the lesser of the following amounts— i £1,230; and ii the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated distance learning course; ... aa a distance learning fee loan, where— i the fees charged by the academic authority in respect of an academic year of the designated distance learning course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 110; or ii it has been determined in accordance with regulation 110 that no grant is payable under sub-paragraph (a); or iii the eligible distance learning student does not apply for the grant mentioned in sub-paragraph (a); and b a grant not exceeding £265 for books, travel and other expenditure in connection with the designated distance learning course. 1A A distance learning fee loan is administered in accordance with regulation 110A. 2 An eligible distance learning student does not qualify for support under paragraph (1)(b) if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D. . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 An eligible distance learning student does not qualify for support under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year. 4A A student undertaking a designated distance learning course will no longer qualify for support in respect of that course if, after the first day of the first academic year, the Department considers that the student is undertaking the course outside the United Kingdom or the Republic of Ireland . 4B Paragraphs (4) and (4A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 4C For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that- a A, b A’s spouse or civil partner, c A’s parent, or d in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner, is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown. 5 An eligible distance learning student does not qualify for support under paragraphs (1)(a) or (b) if the student has undertaken one or more distance learning courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6). 6 The loans and grants are— a a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under Article 3 of the Order; b a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a distance learning course pursuant to regulations made under section 22 of the 1998 Act ; or c a loan in respect of an academic year of a distance learning course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980 . 6A An eligible distance learning student does not qualify for a distance learning fee loan under paragraph (1)(aa) if— a the student has undertaken one or more distance learning courses for sixteen years in aggregate; and b the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (6). 7 Subject to paragraphs (8) and (9), an eligible distance learning student does not qualify for support under this regulation if— a the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or b the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current distance learning course before 1st September 2009. 8 Where paragraph (9) applies, an eligible distance learning student is not prevented from qualifying for support under this regulation because the current distance learning course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009. 9 This paragraph applies where the student’s status as an eligible distance learning student has been transferred to the current distance learning course in accordance with regulation 116 from a course which began before 1st September 2009. Amount of grant under regulation 109(1)(a) and (b) 110 1 Subject to paragraph (2) and regulation 116(6), the amount of support payable in respect of an academic year is determined as follows— a if at the date of the eligible distance learning student’s application the student or the student’s partner is entitled— i under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to income support or housing benefit; ii under Part II of the Jobseekers (Northern Ireland) Order 1995 to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950 to training allowance or training premium; ... iii under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance; or iv to universal credit; the maximum amount of support available under regulation 109(1) is payable; b where the relevant income is less than £16,843, the maximum amount of support available under regulation 109(1) is payable; c where the relevant income is £16,843, the maximum amount of support available under regulation 109(1)(b) is payable together with £50 less than the maximum amount of support available under regulation 109(1)(a); d where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is the amount determined in accordance with paragraph (2); e where the relevant income is £25,420, the maximum amount of support available under regulation 109(1)(b) is payable and the amount of support payable under regulation 109(1)(a) is £50; f where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of support available under regulation 109(1)(b) is payable and no support is payable under regulation 109(1)(a); g where the relevant income is £26,030 or more but less than £28,067, the amount of support payable under regulation 109(1)(b) is the amount left after deducting from the maximum amount of support available under regulation 109(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no support is payable under regulation 109(1)(a); h where the relevant income is £28,067, the amount of support payable under regulation 109(1)(b) is £50, and no support is payable under regulation 109(1)(a); i where the relevant income exceeds £28,067, no support is payable under regulation 109(1). 2 Where paragraph (1)(d) applies, the amount of support payable under regulation 109(1)(a) is determined by deducting from the maximum amount of support available under regulation 109(1)(a) one of the following amounts— a £50 plus a further £1 for each complete £7.59 by which the relevant income exceeds £16,843; or b where the actual fees are less than £1,230, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between £1,230 and the actual fees (unless the amount is a negative number in which case the maximum amount of support available under regulation 109(1)(a) is payable). Amount of the distance learning fee loan under regulation 109(1)(aa) 110A 1 The maximum amount of distance learning fee loan in respect of an academic year of a designated distance learning course must not exceed the lesser of— a £3,641.25 ; and b the fees payable by the student in connection with that year. 2 Subject to paragraphs (3) and (6), the distance learning fee loan to which an eligible distance learning student is entitled is calculated as follows— D F C − D F G where DFC is the amount determined in accordance with paragraph (1); DFG is the grant paid under regulation 109(1)(a), if any. 3 If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of distance learning fee loan in respect of the academic year of the course to which that student transfers. 4 The circumstances are— a the fees payable in respect of the academic year of the course to which the eligible distance learning student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and b the academic year of the course to which the eligible distance learning student transfers does not begin on a later date than the academic year of the course from which the student is transferring. 5 Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible distance learning student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is determined by deducting the amount of any distance learning fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of— a the amount specified in paragraph (1)(a); and b the fees payable by the student in respect of the academic year to which the student is transferring, minus any grant paid under regulation 109(1)(a) in respect of the academic year from which the student is transferring. 6 If a student’s status as an eligible distance learning student is transferred from one designated distance learning course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a distance learning fee loan in respect of the academic year of the course to which the student transfers. 7 The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring. 8 Where the circumstances in paragraph (7) apply, the maximum amount of distance learning fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of— a the amount specified in paragraph (1)(a); and b the fees payable by the student in connection with that year; minus any grant paid under regulation 109(1)(a) in connection with that year. 9 Where an eligible distance learning student has applied for a distance learning fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2) or determined in accordance with paragraphs (5) or (8), whichever is applicable. Interpretation of regulation 110 111 1 For the purposes of regulation 110— a subject to sub-paragraph (b), “partner” means any of the following— i the spouse of an eligible distance learning student; ii the civil partner of an eligible distance learning student; iii a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse where an eligible distance learning student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for support and where that student began the specified designated distance learning course before 1st September 2005; iv a person ordinarily living with an eligible distance learning student as if that person were the student’s spouse or civil partner where an eligible distance learning student begins the specified designated distance learning course on or after 1st September 2005; b a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if— i in the opinion of the Department, that person and the eligible distance learning student are separated; or ii the person is ordinarily living outside the United Kingdom and is not maintained by the eligible distance learning student; c “relevant income” has the meaning given in paragraph (2). 2 Subject to paragraph (3), an eligible distance learning student’s relevant income is equal to the student’s financial resources in the preceding financial year less— i £2,000 in respect of the student’s partner; ii £2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and iii £1,000 in respect of each other child who is dependent on the student or the student’s partner. 3 Where the Department is satisfied that an eligible distance learning student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year. 4 In this regulation— a “child” in relation to an eligible distance learning student includes any child of the student’s partner and any child for whom the student has parental responsibility; b “current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for support; c “dependent” means wholly or mainly financially dependent; d “financial year” means the period of twelve months for which the income of the eligible distance learning student is computed for the purposes of the income tax legislation which applies to it; e “financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner. f “income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002 ; g “preceding financial year” means the financial year immediately preceding the current financial year; h “specified designated distance learning course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible distance learning student has been transferred to the current designated distance learning course as a result of one or more transfers of that status by the Department from a distance learning course (the “initial course”) in connection with which the Department determined the student to be an eligible distance learning student pursuant to regulations made under Article 3 of the Order, the specified designated distance learning course means the initial course. Disabled distance learning students’ allowance 112 1 An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated distance learning course. 1A The expenditure for which the grant may be paid includes, in particular— a expenditure on a non-medical personal helper; b expenditure on major items of specialist equipment; c travel expenditure. 2 An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D. . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 An eligible distance learning student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year . 4A A student qualifying for a grant under this regulation will no longer qualify for the grant if the Department considers that the student is undertaking the course outside the United Kingdom. 4B Paragraphs (4) and (4A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 4C For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that- a A, b A’s spouse or civil partner, c A’s parent, or d in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner, is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown. 5 Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances. 6 The amount of grant under this regulation in respect of an academic year— a for expenditure other than travel expenditure, must not exceed £25,000; b for travel expenditure, must not exceed the additional expenditure incurred. 7 Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic year .... 8 Where regulation 106(4) applies, a student may qualify for the grant under this regulation in respect of— a the quarter in which the relevant event occurs, and b if relevant, such quarters as begin after the relevant event occurs. Applications for support 113 1 A person (the “applicant”) must apply for support in connection with each academic year of a designated distance learning course by completing and submitting to the Department an application in such form as the Department may require. 2 The application must be accompanied by— a a declaration under regulation 114 completed by the academic authority; and b such additional documentation as the Department may require. 3 The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible distance learning student, whether the applicant qualifies for support and the amount of support payable, if any. 4 The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any. 5 The general rule is that the application must reach the Department within a period of nine months beginning with the first day of the academic year of the course in respect of which it is submitted. 6 The general rule does not apply where— a an event falling within regulation 106 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the ninth month beginning with the day on which the relevant event occurred; aa the applicant is applying for an additional amount of the distance learning fee loan under regulation 110A(3) or (9), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates; b the applicant is applying for the disabled distance learning students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or c the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies. Requirement to enter into a contract for a distance learning fee loan 113A 1 To receive a distance learning fee loan, a student must enter into a contract with the Department. 2 Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement. Declarations provided by academic authorities 114 1 Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support. 2 An academic authority is not required to complete a declaration if it is unable to give the confirmation required. 3 In this Part, “declaration” means— a where the applicant is applying for assistance under regulation 109(1)(a) or (b) in connection with the designated distance learning course for the first time, a statement that— i provides the course information; and ii confirms that the applicant has undertaken at least two weeks of the designated distance learning course; b where the applicant is applying for assistance under regulation 109(1)(a) or (b), other than for the first time , a statement that— i provides the course information; and ii confirms that the applicant has enrolled to undertake the academic year of the designated distance learning course in respect of which the applicant is applying for support ; c where the applicant is applying for a distance learning fee loan in connection with any academic year of the designated distance learning course, a statement that— i provides the course information; and ii confirms that the applicant has undertaken at least two weeks of the designated distance learning course. 4 In this regulation, “course information” means— a the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support; b certification by the academic authority that it considers the applicant is undertaking the designated distance learning course in Northern Ireland; and c in any case where the applicant is a disabled student, certification by the academic authority that it considers the applicant has chosen to undertake the designated distance learning course for a reason other than that the applicant is unable to attend a designated course for a reason which relates to the applicant’s disability. Information 115 Schedule 4 deals with the provision of information. Information requirements 115A 1 The Department may at any time request from an applicant or eligible distance learning student information that the Department considers is required to recover a distance learning fee loan. 2 The Department may at any time require an applicant or eligible distance learning student to enter into an agreement to repay a distance learning fee loan by a particular method. 3 The Department may at any time request from an applicant or eligible distance learning student sight of their valid national identity card, valid passport issued by the state of which they are a national, or their birth certificate. 4 Where the Department has requested information under this regulation, the Department may withhold any payment of a distance learning fee loan until the person provides what has been requested, or provides a satisfactory explanation for not complying with the request. 5 Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of distance learning fee loan until the person provides what has been required. Transfer of status 116 1 Where an eligible distance learning student transfers to another distance learning course, the Department must transfer the student’s status as an eligible distance learning student to that course where— a the Department receives a request from the eligible distance learning student to do so; b the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and c the period of eligibility has not terminated. 2 The grounds for transfer are— a the eligible distance learning student starts to undertake another designated distance learning course at the institution; b the eligible distance learning student starts to undertake a designated distance learning course at another institution; or c after commencing a designated distance learning course for a first degree (other than an honours degree) the eligible distance learning student is, before the completion of that course, admitted to a designated distance learning course for an honours degree in the same subject or subjects at the institution. 3 Subject to paragraph (4), an eligible distance learning student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers. 4 The Department may re-assess the amount of support payable after the transfer. 5 An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 109(1)(b) or regulation 112 in connection with the academic year of the course to which the student transfers. 6 Where a student transfers under paragraph (1), the maximum amount of support under regulation 109(1)(a) in respect of the academic years to and from which the student transfers is the amount of support available in connection with the course with the highest actual fees as defined in regulation 109. 7 Where an eligible distance learning student transfers under paragraph (1) after the Department has assessed the student’s distance learning fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, the eligible distance learning student may not, in connection with the academic year of the course to which the student transfers, apply for another distance learning fee loan of a kind already applied for under this Part in connection with the academic year of the course from which the student is transferring, unless otherwise provided. Conversion of status – eligible students transferring to designated distance learning courses 117 1 Where an eligible student ceases to undertake a designated course and transfers to a designated distance learning course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible distance learning student in connection with the course to which the eligible student is transferring where— a the Department receives a request from the eligible student to do so; and b the period of eligibility has not terminated. 2 The following applies to a student who transfers under paragraph (1)— a where the Department has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible distance learning student; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled distance learning students’ allowance payable for that purpose is reduced ... by the amount of grant paid to the student for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and d where immediately before the student became an eligible distance learning student the student was eligible to apply, but had not applied for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which the student was entitled, the student may apply for such a loan or such additional amount of loan as if the student had continued to be an eligible student; and in the circumstances mentioned in paragraph (3) the maximum amount or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph. 3 Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third. 4 This paragraph makes provision for fee loan and distance learning fee loan where a student (“A”) transfers under paragraph (1)— a no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible distance learning student; b any fee loan to which A was entitled under Part 4 immediately before A became an eligible distance learning student is ignored in determining the amount of distance learning fee loan to which A may be entitled in respect of that year under this Part; c where the designated distance learning course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of distance learning fee loan to which A would, apart from this regulation, be entitled to borrow in connection with undertaking a designated distance learning course in respect of that academic year is reduced by one third where A became an eligible distance learning student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and d where the academic year of the designated distance learning course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of distance learning fee loan to which A would be entitled to borrow in connection with that academic year, provided that the student qualifies for a distance learning fee loan in respect of that year, is the lesser of – i £3,641.25 ; and ii the fees payable by the student in connection with that year, minus any grant paid under regulation 109(1)(a) in connection with that year. Conversion of status – eligible distance learning students transferring to designated courses 118 1 Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible student in connection with the course to which the student is transferring where— a the Department receives a request from the eligible distance learning student to do so; and b the period of eligibility has not terminated. 2 The following applies to a student who transfers under paragraph (1)— a where the Department has determined to pay an amount of disabled distance learning students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student; b any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6; c the maximum amount of any support under Part 5 or 6 (other than an amount of disabled students’ allowance) to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and d where an amount of disabled distance learning students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable under Chapter 3 of Part 5 for that purpose is reduced ... by the amount of disabled distance learning students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil. 3 This paragraph makes provision for distance learning fee loan and fee loan where a student (“A”) transfers under paragraph (1)— a no payment in respect of any distance learning fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible student; b where the designated course into which A transfers continues in the same quarter of the same academic year of the designated distance learning course from which A transferred, the maximum amount of fee loan to which A would, apart from this regulation, be entitled to borrow in connection with that academic year of the designated course is reduced by one third where A became an eligible student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; c where the academic year of the designated course into which A transfers begins on a later date than the academic year of the designated distance learning course from which A is transferring, the maximum amount of fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a fee loan in respect of that year, is the lesser of— i the amount specified in regulation 25(1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and ii the fees payable by the student in connection with that year. Provision of United Kingdom national insurance number 118A 1 The Department may make it a condition of entitlement to payment of the distance learning fee loan or any instalment of the distance learning fee loan that the eligible distance learning student must provide the Department with the student’s United Kingdom national insurance number. 2 Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the distance learning fee loan or any instalment of the distance learning fee loan to the eligible distance learning student before the Department is satisfied that the student has complied with that condition. 3 Despite paragraph (2), the Department may make a payment of distance learning fee loan to an eligible distance learning student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible distance learning student having complied with the condition imposed under paragraph (1). Payment of grants for fees 119 1 Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received. 2 The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit. 3 The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate. Payment of distance learning fee loan 119A 1 The Department must pay the distance learning fee loan for which an eligible distance learning student qualifies to an institution to which the student is liable to make payment. 2 The Department may pay the distance learning fee loan in instalments. 3 The Department must not pay the distance learning fee loan or first instalment of the distance learning fee loan before the Department has received from the academic authority— a a request for payment; and b confirmation (in such form and at such times as may be required by the Department) of the student’s undertaking the designated distance learning course for the period to which the instalment relates. 4 The academic authority must inform the Department when a student ceases to undertake the designated distance learning course during the academic year. 5 No payment of distance learning fee loan or instalment of distance learning fee loan can be made in respect of a designated distance learning course once the academic authority has informed the Department that the student has ceased to undertake the course during the academic year. 6 In this regulation, “confirmation of the student’s undertaking” means confirmation from the academic authority that the student— a has enrolled for the academic year and has begun to undertake the course for that academic year, where the confirmation relates to payment of the distance learning fee loan or the first instalment of the distance learning fee loan for the academic year; or b remains enrolled and continues to undertake the course, where the confirmation relates to payment of an instalment of the distance learning fee loan other than the first instalment. Payment of grants for books, travel and other expenditure and disabled distance learning students’ allowance 120 1 Payments of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible distance learning student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer. 2 Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled distance learning students’ allowance. 3 The Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance in instalments. 4 Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled distance learning students’ allowance at such times as the Department considers appropriate. 5 The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled distance learning students’ allowance before the Department has received a declaration under regulation 114 unless an exception applies. 6 An exception applies if— a a disabled distance learning students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration; b the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration. Overpayment of grants and allowances 121 1 Any overpayment of a grant in respect of fees is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of a grant in respect of fees was made. 2 A distance learning student must, if so required by the Department, repay any amount paid to the student , or in respect of the student, under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part. 3 The Department must recover an overpayment of grant for books, travel and other expenditure and disabled distance learning students’ allowance unless the Department considers that it is not appropriate to do so. 4 The methods of recovery are— a subtracting the overpayment from any kind of grant or loan payable to the student , or in respect of the student, from time to time pursuant to regulations made by the Department under Article 3 of the Order; b taking such other action for the recovery of an overpayment as is available to the Department. 5 A payment of the disabled distance learning students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise. 6 In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins. 7 In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled distance learning students’ allowance unless the Department decides otherwise. 8 The circumstances are— a the Department applies all or part of the disabled distance learning students’ allowance to the purchase of specialist equipment on behalf of the ... distance learning student; b the student’s period of eligibility terminates after the relevant date; and c the equipment has not been delivered to the student before the period of eligibility terminated. 9 The circumstances are— a the ... distance learning student’s period of eligibility terminates after the relevant date; and b a payment of the disabled distance learning students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated. 10 Where there is an overpayment of the disabled distance learning students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so. Overpayment of distance learning fee loan 121A 1 Any overpayment of distance learning fee loan is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of distance learning fee loan was made. 2 A student must, if so required by the Department, repay any amount of distance learning fee loan paid in respect of the student which for whatever reason exceeds the amount of distance learning fee loan to which the student is entitled. 3 An overpayment of a distance learning fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances— a by subtracting the overpayment from any amount on the distance learning fee loan which remains to be paid; b by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order; c by requiring the student to repay the distance learning fee loan in accordance with regulations made by the Department under Article 3 of the Order; d by taking such other action for the recovery of an overpayment as is available to the Department. PART 11 SUPPORT FOR PART-TIME COURSES Eligible part-time students 122 1 An eligible part-time student qualifies for support in connection with the student’s undertaking a designated part-time course subject to and in accordance with this Part. 2 Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out— a in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or b in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies. 2A This paragraph applies where— a in connection with a designated part-time course beginning before 1st August 2021, the Department— i in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for support in connection with that course or a designated part-time course to which A’s status as an eligible part-time student is transferred from that course in accordance with this Part. 2B In connection with a designated part-time course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted. 3 A person (“A”)is not an eligible part-time student if— a A is eligible to apply for, in connection with the part-time course— i a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income; or ii any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; b A is in breach of any obligation to repay any loan; c A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18; d A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or e subject to paragraph (4), A is a prisoner. 4 Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison. 5 For the purposes of paragraphs (3)(b) and (3)(c), “loan” means a loan made under any provision of the student loans legislation. 6 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 7 Subject to paragraphs (10) to (12), if a person satisfies the conditions in paragraph (8) or (9)— a paragraphs (2) and (3) do not apply to that person; and b the person is an eligible part-time student for the purposes of this Part. 8 The conditions in this paragraph are— a the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Department under Article 3 of the Order; and b the person’s status as an eligible part-time student has not terminated. 9 The conditions in this paragraph are— a the Department has previously determined that the person is— i an eligible student in connection with a designated course; ii an eligible distance learning student in connection with a designated distance learning course; or iii an eligible part-time student in connection with a designated part-time course other than the current designated part-time course; b the person’s status as an eligible student, as an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and c the person’s status as an eligible part-time student has not terminated. 10 Where— a the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and b as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10A Where— a the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with– i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10B Where— a the Department determined that, by virtue of being a person granted Calais leave, a person (“ A ”) was an eligible part-time student in connection with– i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and A has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10C Where— a the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible part-time student in connection with– i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10D Where— a the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible part-time student in connection with– i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10E Where— a the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was an eligible part-time student in connection with— i an application for support for an earlier year of the current part-time course, or ii an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen , A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10F Where— a the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“A”) was an eligible part-time student in connection with— i an application for support for an earlier year of the current part-time course, or ii an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 10G Where— a the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“ A ”) was an eligible part-time student in connection with— i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii A has not become a British or Irish citizen, A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11 Where— a the Department determined that, by virtue of being a person with leave to enter or remain on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11A Where— a the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible part-time student in connection with— i an application for support for an earlier year of the current part-time course; or ii an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and b as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen , A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11C Where— a the Department determined that, by virtue of— i falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course, and b as at the day before the academic year begins, A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12 Paragraphs (10) and (11) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007. 13 An eligible part-time student may not, at any one time, qualify for support for— a more than one designated part-time course; b a designated part-time course and a designated course; c a designated part-time course and a designated distance learning course; d a designated part-time course and a designated postgraduate course ; e a designated part-time course and a designated Master’s, etc. course. Students becoming eligible during the course of the academic year 123 1 Subject to paragraph (1)(d) where— a a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible part-time student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student, the student may qualify for a fee grant in accordance with this Part in respect of that academic year; d a fee grant is not available in respect of any academic year beginning before the academic year in which the event in question occurs.”. 2 Subject to paragraph (2)(d) where— a a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible part-time student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event occurs within the first three months of an academic year which results in a student becoming an eligible part-time student, the student may qualify for a part-time fee loan in accordance with this Part in respect of that academic year; d a part-time fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs. 3 Subject to paragraph (3)(d) where— a a part-time course designation event which results in a student’s course becoming a designated part-time course occurs in the course of an academic year; or b a protected category event which results in a student becoming an eligible part-time student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event (other a settled status event) which results in a student becoming an eligible student occurs within the first three months of an academic year, the student may qualify for a grant for books, travel and other expenditure in respect of such quarters, in respect of which a loan for living costs is payable, beginning after the event in question occurs; d a grant for books, travel and other expenditure is not available in respect of any academic year beginning before the academic year in which the event in question occurs. 4 Subject to paragraph to (4)(d) where— a a part-time course designation event which results in a student’s course becoming a part-time course occurs in the course of an academic year; or b a protected category event which results in a student becoming an eligible part-time student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event (other a settled status event) which results in a student becoming an eligible student occurs within the first three months of an academic year, the student may qualify for disabled part-time students’ allowance in respect of such quarters, in respect of which a part-time fee loan is payable, beginning after the event in question occurs. d a disabled part-time students’ allowance is not available in respect of any academic year beginning before the academic year in which the event in question occurs. Designated part-time courses 124 1 Subject to paragraphs (2) and (3), a part-time course is designated for the purposes of Article 3(1) of the Order and regulation 122 if— a it is a course mentioned in Schedule 3 other than a course for the initial training of teachers or a graduate entry course ; b it is of at least one academic year’s duration; c it is ordinarily possible to complete the course in not more than four times the period ordinarily required to complete the full-time equivalent; d it is either— i wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales; ii provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; iii wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England; iv provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; v provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom; or vi provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom. da it is substantially provided in the United Kingdom; e it is not designated by or under regulation 6; and f it is not designated under regulation 107. 2 A course falling within paragraph 7 or 8 of Schedule 3 is not a designated part-time course where the governing body of a school has arranged for the provision of such a course to a pupil of the school. 3 A course that is taken as part of an employment-based teacher training scheme is not a designated part-time course. 4 A first degree course is not a designated part-time course where— a it leads to the award of a professional qualification; b a first degree (or equivalent qualification) would normally be required for entry to a course leading to the award of that professional qualification; and c the current course begins on or after 1st September 2009. 5 For the purposes of paragraph (1)— a a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course; b a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded ; ... c an institution is not to be regarded as publicly funded or authority-funded 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 ; and d a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland, or Wales, or by a private institution which is an approved provider or an unregistered provider in England ; e a course is substantially provided in the United Kingdom where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom. 6 For the purposes of paragraph (1)(c)— a “full-time equivalent” means a full-time course leading to the same qualification as the part-time course in question; b “period ordinarily required to complete the full-time equivalent” means— i where the course is provided by or on behalf of the Open University, the period that a standard full-time student would require to complete the full-time equivalent if that student were awarded 120 credit points in each academic year; ii where the course is provided by or on behalf of any other institution, the period in which a standard full-time student would complete the full-time equivalent; c “standard full-time student” is a student who is to be taken— i to have begun the full-time equivalent on the same date as the eligible part-time student began the part-time course in question; ii not to have been excused any part of the full-time equivalent; iii not to have repeated any part of the full-time equivalent; and iv not to be absent from the full-time equivalent other than during vacations. 7 For the purposes of Article 3 of the Order and regulation 122(1) the Department may designate courses of higher education which are not designated by paragraph (1). 8 In designating a part-time course studied through distance learning, the Department may disregard- a any requirement imposed by the institution or institutions providing the course to attend any institution for the purposes of- i registration or enrolment; ii an examination; b any requirement imposed by the institution or institutions providing the course to attend any institution on a weekend, from time to time during the week or during any vacation; c any period of attendance at the institution or institutions providing the course which a student may but is not required to complete by that institution or those institutions. 9 The Department may revoke or suspend the designation of a course which is designated under this regulation. Period of eligibility 125 1 A student’s status as an eligible part-time student is retained in connection with a designated part-time course until the status terminates in accordance with this regulation or regulation 122. 2 The period for which an eligible part-time student’s status is retained is the “period of eligibility”. 3 Subject to the following paragraphs and regulation 122, the period of eligibility terminates at the end of the academic year in which the eligible part-time student completes the designated part-time course. 4 The period of eligibility terminates when the eligible part-time student— a withdraws from the designated part-time course in circumstances where the Department has not transferred or converted or will not transfer or convert the student’s status under regulation 134 or 135; or b abandons or is expelled from the designated part-time course. 5 The period of eligibility terminates at the end of the relevant academic year where the eligible part-time student cannot complete the designated part-time course within the period specified in regulation 124(1)(c). 6 For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 124(1)(c) even if the student increases the intensity of the student’s study. 7 The Department may terminate the period of eligibility where the eligible part-time student (“A”) has shown by A’s conduct that A is unfitted to receive support. 8 If the Department is satisfied that an eligible part-time student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances— a terminate the period of eligibility; b determine that the student no longer qualifies for any particular support or particular amount of support; c treat any support paid to the student as an overpayment which may be recovered under regulation 138 or 138A . 9 Where the period of eligibility terminates— a before the end of the academic year in which the eligible part-time student completes the designated part-time course; and b otherwise than under paragraph (5), the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines. Assistance for part-time courses 126 1 For the purposes of this regulation, the assistance available is— a a grant in respect of fees not exceeding the lesser of the following amounts— i the basic grant, and ii the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; ... aa a part-time fee loan, where— i the fees charged by the academic authority in respect of an academic year of the designated part-time course exceed the grant mentioned in sub-paragraph (a), the amount of which has been determined in accordance with regulation 127; or ii it has been determined in accordance with regulation 127 that no grant is payable under sub-paragraph (a); or iii the eligible part-time student does not apply for the grant mentioned in sub-paragraph (a); and b a grant not exceeding £265 for books, travel and other expenditure in connection with the designated part-time course. 1A A part-time fee loan is administered in accordance with regulation 127A. 2 An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C, or 9D . 2A An eligible part-time student does not qualify for assistance under paragraph (1)(a) or (b) unless it is ordinarily possible to complete the designated part-time course in no more than twice the period ordinarily required to complete the full-time equivalent. 3 An eligible part-time student qualifies for assistance under paragraph (1) in respect of a course (other than a distance learning course) if the Department considers that the student is undertaking the designated part-time course in the United Kingdom. 3A Where an eligible part-time student is undertaking a part-time distance learning course, the student does not qualify for support under this regulation in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the first academic year. 3B A student qualifying for support under this regulation in respect of a part-time distance learning course will no longer qualify support in respect of that course if the Department considers that the student is undertaking the course outside the United Kingdom. 3C Paragraphs (3A) and (3B) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 3D For the purposes of paragraph (3A), a person (“A”) is to be treated as undertaking the designated part-time distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that- a A, b A’s spouse or civil partner, c A’s parent, or d in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner, is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown. 4 An eligible part-time student does not qualify for support under paragraphs (1)(a) or (b) if the student has undertaken one or more part-time courses for eight academic years in aggregate and the student has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5). 5 The loans and grants are— a a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order; b a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act; or c a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980. 5A An eligible part-time student does not qualify for a part-time fee loan under paragraph (1)(aa) if— a the student has undertaken one or more part-time courses for sixteen years in aggregate; and b the student received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5). 5B An eligible part-time student does not qualify for a part-time fee loan if the intensity of study during the academic year for which support is claimed is less than 25% of a full-time equivalent course. 6 Subject to paragraphs (7) and (8), an eligible part-time student does not qualify for support under this regulation if — a the current part time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009; or b the student has an honours degree from an educational institution in the United Kingdom or from a relevant institution of higher education in the Republic of Ireland for which he received financial support under previous regulations, where the student began the current part-time course before 1st September 2009. 7 Where paragraph (8) applies, an eligible part-time student is not prevented from qualifying for support under this regulation because the current part-time course leads to an equivalent or lower qualification, where the student begins the course on or after 1st September 2009. 8 This paragraph applies where the student’s status as an eligible part-time student has been transferred to the current part-time course in accordance with regulation 134 from a course which began before 1st September 2009. 9 For the purposes of this regulation “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6). Amount of grant under regulation 126(1)(a) and (b) 127 1 The basic grant varies according to the intensity of study. 2 The intensity of study is calculated as follows and expressed as a percentage— P T F T x 100 where PT is the number of modules, credits, credit points, points or other unit to be awarded to the eligible part-time student by the academic authority if the student successfully completes the academic year in connection with which that student is applying for support; FT is— where the course is provided by or on behalf of the Open University, 120; where the course is provided by or on behalf of any other institution, the number of modules, credits, credit points, points or other unit that a standard full-time student would be required to obtain in each academic year in order to complete the full-time equivalent within the period ordinarily required to complete that course. 3 For the purposes of paragraph (2) — a “full-time equivalent” and “standard full-time student” are to be interpreted in accordance with regulation 124; and b the period ordinarily required to complete the full-time equivalent is to be calculated in accordance with regulation 124. 4 The “basic grant” is— a £820 where the intensity of study is less than 60 per cent. (“level 1”); b £985 where the intensity of study is 60 per cent. or more but less than 75 per cent. (“level 2”); c £1,230 where the intensity of study is 75 per cent. or more (“level 3”). 5 Subject to paragraph (6) and regulation 134(6), the amount of assistance payable in respect of an academic year is determined as follows— a if at the date of the application the eligible part-time student or the student’s partner is entitled— i under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 to income support or housing benefit; ii under Part II of the Jobseekers (Northern Ireland) Order 1995 to income–based jobseeker’s allowance or under section 1 of the Employment and Training (Northern Ireland) Act 1950 to training allowance or training premium; ... iii under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 to an income-related employment and support allowance; or iv to universal credit; the maximum amount of assistance available under regulation 126(1) is payable. b where the relevant income is less than £16,843, the maximum amount of assistance available under regulation 126(1) is payable; c where the relevant income is £16,843, the maximum amount of assistance available under regulation 126(1)(b) is payable together with £50 less than the maximum amount of assistance available under regulation 126(1)(a); d where the relevant income exceeds £16,843 but is less than £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is the amount determined in accordance with paragraph (6); e where the relevant income is £25,420, the maximum amount of assistance available under regulation 126(1)(b) is payable and the amount of assistance payable under regulation 126(1)(a) is £50; f where the relevant income exceeds £25,420 but is less than £26,030, the maximum amount of assistance available under regulation 126(1)(b) is payable and no assistance is payable under regulation 126(1)(a); g where the relevant income is £26,030 or more but less than £28,067, the amount of assistance payable under regulation 126(1)(b) is the amount left after deducting from the maximum amount of assistance available under regulation 126(1)(b) £1 for every complete £9.47 by which the relevant income exceeds £26,030, and no assistance is payable under regulation 126(1)(a); h where the relevant income is £28,067, the amount of assistance payable under regulation 126(1)(b) is £50, and no assistance is payable under regulation 126(1)(a); i where the relevant income exceeds £28,067, no assistance is payable under regulation 126(1). 6 Where paragraph (5)(d) applies, the amount of assistance payable under regulation 126(1)(a) is determined by deducting from the maximum amount of assistance available under regulation 126(1)(a) one of the following amounts— a £50 plus a further £1 for each complete £11.91, £9.69 or £7.59 by which the relevant income exceeds £16,843 according to whether the intensity of study is level 1, 2 or 3, respectively; or b where the basic grant is greater than the actual fees, an amount equal to that left after deducting from the amount calculated under sub-paragraph (a) the difference between the basic grant and the actual fees (unless the amount is a negative number in which case the maximum amount of assistance available under regulation 126(1)(a) is payable). Amount of the part-time fee loan under regulation 126(1)(aa) 127A 1 The maximum amount of part-time fee loan in respect of an academic year of a designated part-time course must not exceed the lesser of— a £3,641.25 ; and b the fees payable by the student in connection with that year. 2 Subject to paragraphs (3) and (6), the part-time fee loan to which an eligible part-time student is entitled is calculated as follows— F C − F G where FC is the amount determined in accordance with paragraph (1); FG is the grant paid under regulation 126(1)(a), if any. 3 If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (4) apply, the student may apply to the Department to borrow an additional amount by way of part-time fee loan in respect of the academic year of the course to which that student transfers. 4 The circumstances are— a the fees payable in respect of the academic year of the course to which the eligible part-time student transfers exceed the fees payable in respect of the academic year of the course from which the student is transferring; and b the academic year of the course to which the eligible part time student transfers does not begin on a later date than the academic year of the course from which the student is transferring. 5 Where the circumstances in paragraph (4) apply, the maximum additional amount that the eligible part-time student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is determined by deducting the amount of any part-time fee loan the student has taken out under this Part in respect of the academic year from which the student is transferring from the lesser of— a the amount specified in paragraph (1)(a); and b the fees payable by the student in respect of the academic year to which the student is transferring, minus any grant paid under regulation 126(1)(a) in respect of the academic year from which the student is transferring. 6 If a student’s status as an eligible part-time student is transferred from one designated part-time course to another under this Part and the circumstances in paragraph (7) apply, the student may apply to the Department for a part-time fee loan in respect of the academic year of the course to which the student transfers. 7 The circumstances are that the academic year of the course to which the student transfers begins on a later date than the academic year of the course from which that student is transferring. 8 Where paragraph (7) applies, the maximum amount of part-time fee loan that the eligible student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a part-time fee loan in respect of that year, is the lesser of— a the amount specified in paragraph (1)(a); and b the fees payable by the student in connection with that year, minus any grant paid under regulation 126(1)(a) in connection with that year. 9 Where an eligible part-time student has applied for a part-time fee loan of less than the maximum amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the maximum amount calculated in accordance with paragraph (2), or determined in accordance with paragraphs (5) or (8), whichever is applicable. Interpretation of regulation 127 128 1 For the purposes of regulation 127— a subject to sub-paragraph (b), “partner” means any of the following— i the spouse of an eligible part-time student; ii the civil partner of an eligible part-time student; iii a person ordinarily living with an eligible part-time student as if the person were the student’s spouse where an eligible part-time student is aged 25 or over on the first day of the academic year in respect of which that student is being assessed for assistance and where that student began the specified designated part-time course before 1st September 2005; iv a person ordinarily living with an eligible part-time student as if the person were the student’s spouse or civil partner where an eligible part-time student begins the specified designated part-time course on or after 1st September 2005; b a person who would otherwise be a partner under sub-paragraph (a) is not to be treated as a partner if— i in the opinion of the Department, that person and the eligible part-time student are separated; or ii the person is ordinarily living outside the United Kingdom and is not maintained by the eligible part-time student; c “relevant income” has the meaning given in paragraph (2). 2 Subject to paragraph (3), an eligible part-time student’s relevant income is equal to the student’s financial resources in the preceding financial year less— i £2,000 in respect of the student’s partner; ii £2,000 in respect of the only or eldest child who is dependent on the student or the student’s partner; and iii £1,000 in respect of each other child who is dependent on the student or the student’s partner. 3 Where the Department is satisfied that an eligible part-time student’s financial resources in the preceding financial year are greater than the student’s financial resources in the current financial year and that the difference between the two amounts is £1,000 or more, the Department may assess that student’s financial resources by reference to those resources in the current financial year. 4 In this regulation— a “child” in relation to an eligible part-time student includes any child of the student’s partner and any child for whom the student has parental responsibility; b “current financial year” means the financial year which includes the first day of the academic year in respect of which a person is being assessed for assistance; c “dependent” means wholly or mainly financially dependent; d “financial year” means the period of twelve 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; e “financial resources in a financial year” means the aggregate of the student’s income for that year together with the aggregate of the income for that year of any person who at the date of the application for support is the student’s partner; f “income” means gross income from all sources excluding any tax credits awarded pursuant to any claims under section 3 of the Tax Credits Act 2002; g “preceding financial year” means the financial year immediately preceding the current financial year; h “specified designated part-time course” means the course in respect of which the person is applying for support or, where the student’s status as an eligible part-time student has been transferred to the current designated part-time course as a result of one or more transfers of that status by the Department from a part-time course (the “initial course”) in connection with which the Department determined the student to be an eligible part-time student pursuant to regulations made under Article 3 of the Order, the specified designated part-time course means the initial course. Assistance with fees in respect of attendance on a course in England, Wales or Scotland 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disabled part-time students’ allowance 130 1 An eligible part-time student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated part-time course. 1A The expenditure for which the grant may be paid includes, in particular— a expenditure on a non-medical personal helper; b expenditure on major items of specialist equipment; c travel expenditure. 2 An eligible part-time student does not qualify for the grant under this regulation if the only paragraph in Part 2 of Schedule 2 into which the student falls is paragraph 2A, 9, 9A, 9C or 9D, . 3 An eligible part-time student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated part-time course in the United Kingdom. 3A Paragraph (3) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 3B An eligible part-time student does not qualify for a grant under this regulation unless it is ordinarily possible to complete the designated part-time course in no more than four times the period ordinarily required to complete the full-time equivalent. 4 Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances. 5 The amount of grant under this regulation in respect of an academic year— a for expenditure other than travel expenditure, must not exceed £25,000; b for travel expenditure, must not exceed the additional expenditure incurred. 6 Subject to paragraph (7), the grant under this regulation is payable in respect of the four quarters of the academic year .... 7 Where one of the events listed in regulation 123(4) occurs in the course of an academic year, a student may qualify for the grant under this regulation in respect of— a the quarter in which the relevant event occurs, and b if relevant, such quarters as begin after the relevant event occurs. 8 For the purposes of paragraph (3A) “full-time equivalent” and “period ordinarily required to complete the full time equivalent” is to be interpreted in accordance with regulation 124(6). Applications for support 131 1 A person (the “applicant”) must apply for support in connection with each academic year of a designated part-time course by completing and submitting to the Department an application in such form as the Department may require. 2 The application must be accompanied by— a a declaration under regulation 132 completed by the academic authority; and b such additional documentation as the Department may require. 3 The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible part-time student, whether the applicant qualifies for support and the amount of support payable, if any. 4 The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any. 5 The general rule is that the application must reach the Department not later than the end of the ninth month beginning with the first day of the academic year of the course in respect of which it is submitted. 6 The general rule does not apply where— a an event falling within regulation 123 occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the ninth month beginning with the day on which the relevant event occurred; aa the applicant is applying for an additional amount of the part-time fee loan under regulation 127A(3) or (9), in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates; b the applicant is applying for the disabled part-time students’ allowance, in which case the application must reach the Department as soon as is reasonably practicable; or c the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies. Requirement to enter into a contract for a part-time fee loan 131A 1 To receive a part-time fee loan, a student must enter into a contract with the Department. 2 Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement. Declarations provided by academic authorities 132 1 Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for support. 2 An academic authority is not required to complete a declaration if it is unable to give the confirmation required. 3 In this Part, “declaration” means— a where the applicant is applying for assistance under regulation 126(1)(a) or (b) in connection with the designated part-time course for the first time, a statement that— i provides the course information; and ii confirms that the applicant has undertaken at least two weeks of the designated part-time course; b where the applicant is applying for assistance under regulation 126(1)(a) or (b) other than for the first time , a statement that— i provides the course information; and ii confirms that the applicant has enrolled to undertake the academic year of the designated part-time course in respect of which the applicant is applying for support ; c where the applicant is applying for a part-time fee loan in connection with any academic year of the designated part-time course, a statement that— i provides the course information; and ii confirms that the applicant has undertaken at least two weeks of the designated part time course. 4 In this regulation, “course information” means— a the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for support; b the intensity of study; c certification by the academic authority that it considers— i the course to be a designated part-time course; ii that it will be possible for the applicant to complete the course within the period specified in regulation 124(1)(c). 4A “The intensity of study” in paragraph (4)(b) means— a confirmation by the academic authority that the intensity of study during the academic year for which support is claimed is not less than 25% of an equivalent full time course; and b the actual intensity to be undertaken by the eligible part-time student. 5 For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to— a any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 124(1)(c); b any parts of the course which the applicant has been required to repeat. Information 133 Schedule 4 deals with the provision of information. Information requirements 133A 1 The Department may at any time request from an applicant or eligible part-time student information that the Department considers is required to recover a part-time fee loan. 2 The Department may at any time require an applicant or eligible part-time student to enter into an agreement to repay a part-time fee loan by a particular method. 3 The Department may at any time request from an applicant or eligible part-time student sight of their valid national identity card, valid passport issued by the state of which they are a national, or their birth certificate. 4 Where the Department has requested information under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been requested, or provides a satisfactory explanation for not complying with the request. 5 Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a part-time fee loan until the person provides what has been required. Transfer of status 134 1 Where an eligible part-time student transfers to another part-time course, the Department must transfer the student’s status as an eligible part-time student to that course where— a the Department receives a request from the eligible part-time student to do so; b the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and c the period of eligibility has not terminated. 2 The grounds for transfer are— a the eligible part-time student starts to undertake another designated part-time course at the institution; b the eligible part-time student starts to undertake a designated part-time course at another institution; or c after beginning a designated part-time course for a first degree (other than an honours degree) the eligible part-time student is, before the completion of that course, admitted to a designated part-time course for an honours degree in the same subject or subjects at the institution. 3 Subject to paragraph (4), an eligible part-time student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers. 4 The Department may re-assess the amount of support payable after the transfer. 5 An eligible part-time student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under regulation 126(1)(b) or regulation 130 in connection with the academic year of the course to which the student transfers. 6 Where an eligible part-time student transfers under paragraph (1), the maximum amount of assistance under regulation 126(1)(a) in respect of the academic years to and from which the student transfers is the amount of assistance with fees available in connection with the course which has the highest intensity of study as defined in regulation 127. 7 Where an eligible part-time student transfers under paragraph (1) after the Department has assessed the student’s part-time fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, the eligible part-time student may not, in connection with the academic year of the course to which A transfers, apply for another part-time fee loan of a kind already applied for under this Part in connection with the academic year of the course from which A is transferring, unless otherwise provided. Conversion of status 135 1 Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which the student is transferring where— a the Department receives a request from the eligible student to do so; and b the period of eligibility has not terminated. 2 Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed four times the period ordinarily required to complete the remainder of the designated course from which the student transfers. 3 The following applies to a student (“A”) who transfers under paragraph (1)— a where the Department has determined to pay an amount of disabled students’ allowance to A under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which A becomes an eligible part-time student; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c where an amount of disabled students’ allowance for any purpose has been paid to A under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students’ allowance payable for that purpose is reduced ... by the amount of grant paid to A for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and d where immediately before A became an eligible part-time student A was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which A was entitled, A may apply for such a loan or such additional amount of loan as if A had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph. 4 Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third. 4A This paragraph makes provision for fee loan and part-time fee loan where a student (“A”) transfers under paragraph (1) – a no payment in respect of any fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible part-time student; b any fee loan to which A was entitled under Part 4 immediately before A became an eligible part-time student is ignored in determining the amount of part-time fee loan to which A may be entitled in respect of that year under this Part; c where the designated part-time course into which A transfers continues in the same quarter of the same academic year of the designated course from which A transferred, the maximum amount of part-time fee loan to which A would, apart from this regulation, be entitled to borrow in connection with undertaking a designated part-time course in respect of that academic year is reduced by one third where A became an eligible part-time student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; and d where the academic year of the designated part-time course into which A transfers begins on a later date than the academic year of the designated course from which A is transferring, the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of – i £3,641.25 ; and ii the fees payable by the student in connection with that year, minus any grant paid under regulation 126(1)(a) in connection with that year. 5 Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Department must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which the student is transferring where— a the Department receives a request from the eligible distance learning student to do so; and b the period of eligibility has not terminated. 6 Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 124(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed four times the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers. 7 Subject to paragraph (8), a student who transfers under paragraph (5) into the same academic year is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under Part 10 in respect of the academic year of the designated distance learning course from which the student transfers. 8 The Department may re-assess the amount of support payable after the transfer. 9 An eligible student who transfers under paragraph (5) into the same academic year after the Department has determined the student’s support in connection with the academic year of the distance learning course from which the student is transferring but before the student completes that year— a may not apply for a grant under regulation 126(1)(b) if the student has already applied for a grant under regulation 109(1)(b); b may not apply for a grant under regulation 130 if the student has already applied for a grant under regulation 112 ; and c may not apply for a part-time fee loan under regulation 126(1)(aa) if the student has already applied for a distance learning fee loan under regulation 109(1)(aa) in respect of the academic year from which the student transfers. 10 Where a student transfers under paragraph (5) into the same academic year , the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of— a the academic year from which the student transfers; and b the academic year to which the student transfers; must not exceed the amount of support determined to be payable to the student under regulation 111(1)(a). 10A Paragraphs (7), (9) and (10) do not apply where the academic year of the designated part-time course into which the student (“A”) transfers under paragraph (5) begins on a later date than the academic year of the course from which A is transferring. 10B Where paragraph (10A) applies— a the maximum amount of part-time fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a part-time fee loan in respect of that year, is the lesser of— i £3,641.25 ; and ii the fees payable by the student in connection with that year, minus any grant paid under regulation 126(1)(a) in connection with that year; b A may apply for a grant under regulation 126(1)(b) in respect of that year; and c A may apply for a grant under regulation 130 in respect of that year. 11 Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which the student is transferring where— a the Department receives a request from the eligible part-time student to do so; and b the period of eligibility has not terminated. 12 The following applies to a student who transfers under paragraph (11)— a where the Department has determined to pay an amount of disabled part-time students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student; b any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which the student may be entitled in respect of that year under Parts 4 to 6; c the maximum amount of any support under Part 5 or 6 (other than an amount of disabled students’ allowance) to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where the student became such a student in a later quarter of that year; and d where an amount of disabled part-time students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to the student under Chapter 3 of Part 5 for that purpose is reduced ... by the amount of disabled part-time students’ allowance paid to the student for that purpose and where the resulting amount is nil or a negative amount that amount is nil. 12A This paragraph makes provision for part-time fee loan and fee loan where a student (“A”) transfers under paragraph (11)— a no payment in respect of any part-time fee loan must be made in respect of any instalment period beginning after the date on which A became an eligible student; b where the designated course into which A transfers continues in the same quarter of the same academic year of the designated part-time course from which A transferred, the maximum amount of fee loan to which A would, apart from this regulation, be entitled to borrow in connection with that academic year of the designated course is reduced by one third where A became an eligible student in the second quarter of the academic year and by two thirds where A became such a student in a later quarter of the academic year; c where the academic year of the designated course into which A transfers begins on a later date than the academic year of the designated part-time course from which A is transferring, the maximum amount of fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a fee loan in respect of that year, is the lesser of— i the amount specified in regulation 25(1)(a), (2)(a), (2A)(a) or (2B)(a) as the case may be; and ii the fees payable by the student in connection with that year. 13 Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Department must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which the student is transferring where— a the Department receives a request from the eligible part-time student to do so; and b the period of eligibility has not terminated. 14 Subject to paragraph (15), a student who transfers under paragraph (13) into the same academic year is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies under this Part in respect of the academic year of the designated part-time course from which the student transfers. 15 The Department may re-assess the amount of support payable after the transfer. 16 An eligible student who transfers under paragraph (13) into the same academic year after the Department has determined the student’s support in connection with the academic year of the part-time course from which the student is transferring but before the student completes that year— a may not apply for a grant under regulation 109(1)(b) if the student has already applied for a grant under regulation 126(1)(b); b may not apply for a grant under regulation 112 if the student has already applied for a grant under regulation 130 ; and c may not apply for a distance learning fee loan under regulation 109(1)(aa) if the student has already applied for a part-time fee loan under regulation 126(1)(aa) in respect of the academic year from which the student transfers. 17 Where a student transfers under paragraph (13) into the same academic year , the total amount of assistance paid to the student under regulations 109(1)(a) and 126(1)(a) in respect of— a the academic year from which the student transfers; and b the academic year to which the student transfers; must not exceed the maximum amount of support determined to be payable to the student under regulation 109(1)(a). 18 Paragraphs (14), (16) and (17) do not apply where the academic year of the designated distance learning course into which the student (“A”) transfers under paragraph (13) begins on a later date than the academic year of the course from which A is transferring. 19 Where paragraph (18) applies— a the maximum amount of distance learning fee loan to which A would be entitled to borrow in respect of that academic year, provided that A qualifies for a distance learning fee loan in respect of that year is the lesser of— i £3,641.25 ; and ii the fees payable by the student in connection with that year, minus any grant paid under regulation 109(1)(a) in connection with that year; b A may apply for a grant under regulation 109(1)(b) in respect of that year; and c A may apply for a grant under regulation 112 in respect of that year. Provision of United Kingdom national insurance number 135A 1 The Department may make it a condition of entitlement to payment of the part-time fee loan or any instalment of the part-time fee loan that the eligible part-time student must provide the Department with the student’s United Kingdom national insurance number. 2 Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the part-time fee loan or any instalment of the part-time fee loan to the eligible part-time student before the Department is satisfied that the student has complied with that condition. 3 Despite paragraph (2), the Department may make a payment of part-time fee loan to an eligible part-time student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible part-time student having complied with the condition imposed under paragraph (1). Payment of grants for books, travel and other expenditure and disabled part-time students’ allowances 136 1 Payments of the grant for books, travel and other expenditure and the disabled part-time students’ allowance may be made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible part-time student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer. 2 Where the Department cannot make a final assessment on the basis of the information provided by the student, the Department may make a provisional assessment and payment of the grant for books, travel and other expenditure and the disabled part-time students’ allowance. 3 The Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance in instalments. 4 Subject to paragraph (5), the Department may pay the grant for books, travel and other expenditure and the disabled part-time students’ allowance at such times as the Department considers appropriate. 5 The Department must not pay the first instalment or, where it has been determined not to pay support in instalments, make any payment of the grant for books, travel and other expenditure or the disabled part-time students’ allowance before the Department has received a declaration under regulation 132 unless an exception applies. 6 An exception applies if— a a disabled part-time students’ allowance is payable in which case that particular grant may be paid before the Department has received a declaration; b the Department has determined that owing to exceptional circumstances it would be appropriate to make a payment without receiving a declaration. Payment of grants for fees 137 1 Subject to paragraphs (2) and (3), the Department must pay the grant in respect of fees for which the student qualifies to the appropriate academic authority after a valid request for payment has been received. 2 The Department may make payments under paragraph (1) at such times and in such instalments as the Department sees fit. 3 The Department may make provisional payments under paragraph (1) in such cases as the Department deems appropriate. Payment of Part-time fee loan 137A 1 The Department must pay the part-time fee loan for which an eligible part-time student qualifies to an institution to which the student is liable to make payment. 2 The Department may pay the part-time fee loan in instalments. 3 The Department must not pay the part-time fee loan or first instalment of the part-time fee loan before the Department has received from the academic authority— a a request for payment; and b confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated part-time course for the period to which the instalment relates. 4 The academic authority must inform the Department when a student’s intensity of study drops below 25% or where the student ceases to attend or undertake the designated part-time course during the academic year. 5 No payment of part-time fee loan or instalment of part-time fee loan can be made in respect of a designated part time course once the academic authority has informed the Department that the student has ceased to attend or undertake the course during the academic year. 6 In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student– a has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the part-time fee loan or the first instalment of the part-time fee loan for the academic year; or b remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the part-time fee loan other than the first instalment. Overpayment of grants and allowances 138 1 Any overpayment of a grant in respect of fees is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of a grant in respect of fees was made. 2 A part-time student must, if so required by the Department, repay any amount paid to the student , or in respect of the student, under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part. 3 The Department must recover an overpayment of grant for books, travel and other expenditure and disabled part-time students’ allowance unless the Department considers that it is not appropriate to do so. 4 The methods of recovery are— a subtracting the overpayment from any kind of grant or loan payable to the student , or in respect of the student, from time to time pursuant to regulations made by the Department under Article 3 of the Order; b taking such other action for the recovery of an overpayment as is available to the Department. 5 A payment of the disabled part-time students’ allowance made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise. 6 In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins. 7 In the circumstances set out in paragraph (8) or (9), there is an overpayment of the disabled part-time students’ allowance unless the Department decides otherwise. 8 The circumstances are— a the Department applies all or part of the disabled part-time students’ allowance to the purchase of specialist equipment on behalf of the ... part-time student; b the student’s period of eligibility terminates after the relevant date; and c the equipment has not been delivered to the student before the period of eligibility terminated. 9 The circumstances are— a the ... part-time student’s period of eligibility terminates after the relevant date; and b a payment of the disabled part-time students’ allowance in respect of specialist equipment is made to the student after the period of eligibility terminated. 10 Where there is an overpayment of the disabled part-time students’ allowance, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so. Overpayment of Part-time fee loan 138A 1 Any overpayment of part-time fee loan is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of part-time fee loan was made. 2 A student must, if so required by the Department, repay any amount of part-time fee loan paid in respect of the student which for whatever reason exceeds the amount of part-time fee loan to which the student is entitled. 3 An overpayment of a part-time fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances— a by subtracting the overpayment from any amount on the part-time fee loan which remains to be paid; b by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order; c by requiring the student to repay the part-time fee loan in accordance with regulations made by the Department under Article 3 of the Order; d by taking such other action for the recovery of an overpayment as is available to the Department. PART 12 SUPPORT FOR POSTGRADUATE STUDENTS WITH DISABILITIES Eligible postgraduate students 139 1 An eligible postgraduate student qualifies, subject to and in accordance with this Part, for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated postgraduate course. 2 Subject to the following provisions of this regulation ), a person is an eligible postgraduate student in connection with a designated postgraduate course if in assessing the student’s application for support the Department determines that the student satisfies the conditions in paragraph (3). 3 The conditions are— a the person falls within one of the categories set out— i in paragraphs 2, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9B, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or ii in paragraphs 6, 7, 8, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph 3A applies; and b the person has a disability. 3A This paragraph applies where— a in connection with a postgraduate course beginning before 1st August 2021, the Department— i in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for support in connection with that course or a designated postgraduate course to which A’s status as an eligible postgraduate student is transferred from that course in accordance with this Part. 3B In connection with a designated postgraduate course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A or 9B were omitted. 4 A person (“A”) is not an eligible postgraduate student if— a A is eligible to apply for, in connection with the course— i a healthcare bursary; ii any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007; iii any allowance, bursary or award of similar description made by a Research Council; iv any allowance, bursary or award of similar description made by A’s institution which includes any payment for the purpose of meeting additional expenditure incurred by A by reason of A’s disability; or v any allowance, bursary or award of similar description made under section 14(4)(a) of the Health and Personal Social Services Act (Northern Ireland) 2001 which includes payment for meeting additional expenditure incurred by A by reason of A’s disability; b A is in breach of an obligation to repay any loan; c A has reached the age of 18 and has not ratified any agreement for a loan made with A when A was under the age of 18; or d A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support. 5 For the purposes of paragraphs (4)(b) and (4)(c), “loan” means a loan made under any provision of the student loans legislation. 6 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (4)(c) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 7 An eligible postgraduate student does not qualify for a grant under this Part if the only paragraph in or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D. . 8 An eligible postgraduate student does not qualify for a grant under this Part unless the Department considers that the student is undertaking the course in the United Kingdom or the Republic of Ireland . 8A Paragraph (8) does not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 9 Subject to paragraphs (12) to (14), if a person satisfies the conditions in paragraph (3)(b) and in paragraph (10) or (11)— a paragraphs (3)(a) and (4) do not apply to that person; and b the person is an eligible postgraduate student for the purposes of this Part. 10 The conditions are— a the person qualified as an eligible postgraduate student in connection with an earlier academic year of the current designated postgraduate course pursuant to regulations made by the Department under Article 3 of the Order; and b the person’s status as an eligible postgraduate student has not terminated. 11 The conditions are— a the Department has previously determined that the person is an eligible postgraduate student in connection with a designated postgraduate course other than the current designated postgraduate course; b the student’s status as an eligible postgraduate student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated postgraduate course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and c the person’s status as an eligible postgraduate student has not terminated. 12 Where— a the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12A Where— a the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible postgraduate student in connection with– i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and that person has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12B Where— a the Department determined that, by virtue of being a person granted Calais leave, a person (“ A ”) was an eligible postgraduate student in connection with– i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and A has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12C Where— a the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible postgraduate student in connection with– i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12D Where— a the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible postgraduate student in connection with– i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12E Where— a the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was an eligible postgraduate student in connection with— i an application for support for an earlier year of the current postgraduate course, or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12F Where— a the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“A”) was an eligible postgraduate student in connection with— i an application for support for an earlier year of the current postgraduate course, or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12G Where— a the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“ A ”) was an eligible postgraduate student in connection with— i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii A has not become a British or Irish citizen, A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13 Where— a the Department determined that, by virtue of being a person with leave to enter or remain on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible postgraduate student in connection with an application for support for an earlier year of the current postgraduate course or an application for support in connection with another designated postgraduate course from which A’s status as an eligible postgraduate student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13A Where— a the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible postgraduate student in connection with— i an application for support for an earlier year of the current postgraduate course; or ii an application for support in connection with a designated postgraduate course or other designated course from which A’s status as an eligible postgraduate student or eligible student has been transferred to the current postgraduate course; and b as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13C Where— a the Department determined that, by virtue of— i falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible student in connection with an application for support for an academic year of a designated postgraduate course, and b as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible postgraduate student terminates immediately before the first day of the academic year in respect of which A is applying for support. 14 Paragraphs (12) and (13) do not apply where A began the course in connection with which the Department determined that A was an eligible postgraduate student before 1st September 2007. 15 An eligible postgraduate student may not, at any one time, qualify for support for— a more than one designated postgraduate course; b a designated postgraduate course and a designated distance learning course; c a designated postgraduate course and a designated course; d a designated postgraduate course and a designated part-time course. Students becoming eligible in the course of an academic year 140 1 Where any of the following events occur in the course of an academic year, a student may qualify for a grant under this Part in respect of which is payable as beginning after the event in question occurs— a a course designation event which results in the student’s course becoming a designated course; or b an in-year qualifying event (other than a settled status event) which results in the student becoming an eligible student. 1A Where a protected category event which results in a student becoming an eligible student occurs— a in the course of the first academic year of a course; and b on or before the course start date, the student may qualify for a grant under this Part in respect of all quarters of that academic year in respect of which a loan for living costs is payable. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designated postgraduate courses 141 1 A postgraduate course is designated for the purposes of Article 3(1) of the Order and regulation 139 if— a it is a course for entry to which a first degree (or equivalent qualification) or higher is normally required; b it is a course— i mentioned in Schedule 3A; and ii in the case of a part-time course, it is ordinarily possible to complete the course in not more than three times the period ordinarily required to complete the full-time equivalent; c it is either— i wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales; ii provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; iii wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England; iv provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; v provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or vi provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom. vii provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland; d it is not a course for the initial training of teachers or a course taken as part of an employment-based teacher training scheme. e substantially provided in the United Kingdom or the Republic of Ireland. 2 For the purposes of paragraph (1)— a 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; b a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded ; ... c an institution is not to be regarded as publicly funded or authority-funded 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 ; and d a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland or Wales, or by a private institution which is an approved provider or an unregistered provider in England . 3 For the purposes of paragraph (1)(b)(ii)— a “full-time equivalent” means a full-time postgraduate course leading to the same qualification as the part-time postgraduate course in question; b “period ordinarily required to complete the full-time equivalent” means the period that a standard full-time student would require to complete the full-time equivalent; c “standard full-time student” means a student who is to be taken— i to have begun the full-time equivalent on the same date as the eligible postgraduate student began the part-time postgraduate course in question; ii not to have been excused any part of the full-time equivalent; iii not to have repeated any part of the full-time equivalent; and iv not to be absent from the full-time equivalent other than during vacations. 4 For the purposes of Article 3 of the Order and regulation 139, the Department may designate courses of higher education which are not designated under paragraph (1). 5 The Department may revoke or suspend the designation of a course which is designated under this regulation. Period of eligibility 142 1 A student’s status as an eligible postgraduate student is retained in connection with a designated postgraduate course until the status is terminated in accordance with this regulation or regulation 139. 2 The period for which an eligible postgraduate student retains the status is the “period of eligibility”. 3 Subject to the following paragraphs and regulation 139, the period of eligibility terminates at the end of the period ordinarily required for the completion of the designated postgraduate course. 4 The period of eligibility terminates when the eligible postgraduate student— a withdraws from the designated postgraduate course in circumstances where the Department has not transferred or will not transfer the student’s status as an eligible postgraduate student to another course under regulation 143; or b abandons or is expelled from the designated postgraduate course. 5 Where the eligible postgraduate student is undertaking a designated postgraduate course that is a part-time course, the period of eligibility terminates at the end of the relevant academic year where the student cannot complete the course within the period specified in regulation 141(1)(b)(ii). 6 For the purposes of paragraph (5), “relevant academic year” means the academic year during or at the end of which it becomes impossible for the student to complete the course within the period specified in regulation 141(1)(b)(ii). 7 The Department may terminate the period of eligibility where the eligible postgraduate student (“A”) has shown by A’s conduct that A is unfitted to receive support. 8 If the Department is satisfied that an eligible postgraduate student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances— a terminate the period of eligibility; b determine that the student no longer qualifies for a grant or any particular amount of grant; c treat any support paid to the student as an overpayment which may be recovered under regulation 148. 9 Where the period of eligibility terminates— a before the end of the academic year in which the eligible postgraduate student completes the designated postgraduate course; and b otherwise than under paragraph (5), the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines. Transfer of status 143 1 Where an eligible postgraduate student transfers to another postgraduate course, the Department must transfer the student’s status as an eligible postgraduate student to that course where— a the Department receives a request from the eligible postgraduate student to do so; b the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and c the period of eligibility has not terminated. 2 The grounds for transfer are— a on the recommendation of the academic authority the eligible postgraduate student starts to undertake another designated postgraduate course at the institution; or b the eligible postgraduate student starts to undertake a designated postgraduate course at another institution. 3 Subject to paragraph (4), an eligible postgraduate student who transfers under paragraph (1) is entitled to receive in connection with the academic year of the course to which the student transfers the remainder of the support for which the Department has determined the student qualifies in respect of the academic year of the course from which the student transfers. 4 The Department may re-assess the amount of support payable after the transfer. 5 An eligible student who transfers under paragraph (1) after the Department has determined the student’s support in connection with the academic year of the course from which the student is transferring but before the student completes that year may not apply for another grant under this Part in connection with the academic year of the course to which the student transfers. Applications for support 144 1 A person (the “applicant”) must apply for a grant under this Part in connection with each academic year of a designated postgraduate course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require. 2 The application must reach the Department as soon as is reasonably practicable. 3 The Department may take such steps and make such inquiries as the Department considers necessary to determine whether the applicant is an eligible postgraduate student, whether the applicant qualifies for a grant and the amount of grant payable, if any. 4 The Department must notify the applicant of whether the applicant qualifies for support and, if the applicant does qualify, the amount of support payable in respect of the academic year, if any. Information 145 Schedule 4 deals with the provision of information. Amount of grant 146 1 Subject to paragraph (2), the grant under this Part is such amount as the Department considers appropriate to assist with one or more types of eligible expenditure. 2 The amount of grant under this regulation in respect of an academic year— a for expenditure other than travel expenditure, must not exceed £25,000; b for travel expenditure, must not exceed the additional expenditure incurred. 3 For the purposes of this Part, the “types of eligible expenditure” are— a expenditure on a non-medical helper; b expenditure on major items of specialist equipment; and c travel expenditure. 4 Subject to paragraph (5), the grant under this Part is payable in respect of the four quarters of the academic year .... 5 Where one of the events listed in regulation 140 ... occurs in the course of an academic year, a student may qualify for a grant under this Part i in respect of— a the quarter in which the relevant event occurs, and b if relevant, such quarters as begin after the relevant event occurs. Payment of grant 147 1 The Department may pay a grant for which a student qualifies under this Part in such instalments (if any) and at such times as the Department considers appropriate and in the exercise of the Department’s functions under this Part the Department may make provisional payments pending the final calculation of the amount of grant for which the student qualifies. 2 Payments are made in such manner as the Department considers appropriate and the Department may make it a condition of entitlement to payment that the eligible postgraduate student must provide the Department with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer. Overpayments 148 1 A postgraduate student must, if so required by the Department, repay any amount paid to the student , or in respect of the student, under this Part which for whatever reason exceeds the amount of grant to which the student is entitled under this Part. 2 The Department must recover an overpayment of grant under this Part unless the Department considers it is not appropriate to do so. 3 The methods of recovery are— a subtracting the overpayment from any kind of grant or loan payable to the student , or in respect of the student, from time to time pursuant to regulations made by the Department under Article 3 of the Order; b taking such other action for the recovery of an overpayment as is available to the Department. 4 A payment of grant under this Part made before the relevant date is an overpayment if the student withdraws from the course before the relevant date unless the Department decides otherwise. 5 In this regulation, the “relevant date” is the date on which the first term of the academic year in question actually begins. 6 In the circumstances in paragraphs (7) and (8), there is an overpayment of grant under this Part unless the Department decides otherwise. 7 The circumstances are— a the Department applies all or part of the grant under this Part to the purchase of specialist equipment on behalf of the ... postgraduate student; b the student’s period of eligibility terminates after the relevant date; and c the equipment has not been delivered to the student before the period of eligibility terminated. 8 The circumstances are— a the ... postgraduate student’s period of eligibility terminates; and b a payment of grant under this Part in respect of specialist equipment is made to the student after the period of eligibility terminated. 9 Where there is an overpayment of the grant under this Part, the Department may accept the return of specialist equipment purchased with the grant by way of recovery of all or part of the overpayment if the Department considers it is appropriate to do so. PART 13 MASTER’S, ETC. FEE LOAN Eligible Master’s, etc. Students 149 1 An eligible Master’s, etc. student qualifies for a Master’s, etc. fee loan in connection with a designated Master’s, etc. course subject to and in accordance with this Part. 2 Subject to the following provisions of this regulation, a person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out— a in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A , 13 , 14, 15 and 16 in Part 2 of Schedule 2; or b in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies. 2A This paragraph applies where— a in connection with a designated Master’s, etc. course beginning before 1st August 2021, the Department— i in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or ii would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and b A applies for support in connection with that course or a designated Master’s, etc. course to which A’s status as an eligible Master’s, etc. student is transferred from that course in accordance with this Part. 2B In connection with a designated Master’s, etc. course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted. 3 A person (“A”) is not an eligible Master’s, etc. student if— a A is in breach of any obligation to repay any loan; b A has reached the age of 18 and has not ratified any agreement for a loan A made when A was under the age of 18; c A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; d subject to paragraph (7), A is a prisoner; e A is already enrolled on a designated Master’s, etc. course and is in receipt of a Master’s, etc. fee loan under this Part for such a course; f subject to paragraph (16), A has previously received a Master’s, etc. fee loan under this Part. g subject to paragraph (15), A has previously received— i a Postgraduate Master’s Degree loan other than under these Regulations in respect of a course, where that loan was paid out of funds provided by a government authority within the United Kingdom.; or ii a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant). 4 A person (“A”) is not an eligible Master’s, etc. student if A is enrolled on a course which is— a a designated course under regulation 6, b a designated distance learning course under regulation 107, or c a designated part-time course under regulation 124, and is receiving support under these Regulations for such a course. 5 For the purposes of paragraphs (3)(a) and (3)(b), “loan” means a loan made under any provision of the student loans legislation. 6 In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(b) only applies if the agreement was made— a before 25th September 1991; and b with the concurrence of the borrower’s curator or at a time when the borrower had no curator. 7 Paragraph (3)(d) does not apply in respect of an academic year during which the student enters prison or is released from prison. 8 Subject to paragraphs (11), (11A), (11B), (11C), (11D) , (11E), (11F), (12), (12A) and (12C) , if a person satisfies the conditions in paragraph (9) or (10)— a paragraphs (2) and (3) do not apply to that person; and b the person is an eligible Master’s, etc. student for the purposes of this Part. 9 The conditions in this paragraph are— a the person qualified as an eligible Master’s, etc. student in connection with an earlier academic year of the current designated Master’s, etc. course pursuant to regulations made by the Department under Article 3 of the Order; and b the person’s status as an eligible Master’s, etc. student has not terminated. 10 The conditions in this paragraph are— a the Department has previously determined that the person is an eligible Master’s, etc. student in connection with a designated Master’s, etc. course other than the current designated Master’s, etc. course; b the student’s status as an eligible Master’s, etc. student in connection with the course referred to in sub-paragraph (a) has been transferred from that course to the current designated Master’s, etc. course as a result of one or more transfers in accordance with regulations made by the Department under Article 3 of the Order; and c the person’s status as an eligible Master’s, etc. student has not terminated. 11 Where— a the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen, A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11A Where— a the Department determined that, by virtue of being a person granted section 67 leave, a person (“ A ”) was an eligible Master’s, etc. student in connection with– i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and that person has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11B Where— a the Department determined that, by virtue of being a person granted Calais leave, a person (“ A ”) was an eligible Master’s, etc. student in connection with– i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave has been granted and A has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11C Where— a the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible Master’s, etc. student in connection with– i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11D Where— a the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“ A ”) was an eligible Master’s, etc. student in connection with– i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11E Where— a the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes or the spouse, civil partner, child or step-child of such a person , a person (“ A ”) was an eligible Master’s, etc. student in connection with— i an application for support for an earlier year of the current Master’s etc. course, or ii an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired and that person has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11F Where— a the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes or the spouse, civil partner, child or step-child of such a person , a person (“A”) was an eligible Master’s, etc. student in connection with— i an application for support for an earlier year of the current Master’s etc. course, or ii an application for support in connection with another designated Master’s etc. course from which A’s status as an eligible Master’s etc. student has been transferred to the current course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Ukraine Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted and that person has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 11G Where— a the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“ A ”) was an eligible Master’s, etc. student in connection with— i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii A has not become a British or Irish citizen, A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12 Where— a the Department determined that, by virtue of being a person with leave to enter or remain on the grounds of discretionary leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible Master’s, etc. student in connection with an application for support for an earlier year of the current Master’s, etc. course or an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain on the grounds of discretionary leave is allowed to stay in the United Kingdom has expired and— i no further leave to remain has been granted; ii no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and iii the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen, A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12A Where— a the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible Master’s, etc. student in connection with— i an application for support for an earlier year of the current Master’s, etc. course; or ii an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. course; and b as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules and A has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12C Where— a the Department determined that, by virtue of— i falling within paragraph (1)(a)(iv) or (v) of the definition of “person with protected rights”; or ii meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible Master’s, etc. student in connection with an application for support for an academic year of a designated Master’s, etc. course; b as at the day before the academic year begins, the relevant period has expired and A is not a person with protected rights and has not become a British or Irish citizen , A’s status as an eligible Master’s, etc. student terminates immediately before the first day of the academic year in respect of which A is applying for support. 13 Where the eligible Master’s, etc. student is undertaking a designated Master’s, etc. course which is a distance learning course, the student does not qualify for a Master’s, etc. fee loan in respect of that course unless the Department considers that the student is undertaking the course in Northern Ireland on the first day of the designated Master’s, etc. course, whether the course is a designated Master’s, etc. course at that date or is designated on a later date during the academic school year. 14 A student who is an eligible Master’s, etc. student for a Master’s, etc. fee loan in respect of a distance learning course will no longer be eligible for a Master’s, etc. fee loan in respect of that course, if the Department considers that the student is undertaking the course outside the United Kingdom. 14A Paragraphs (13) and (14) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule. 14B For the purposes of paragraph (13), a person (“A”) is to be treated as undertaking the designated Master’s, etc. distance learning course in Northern Ireland on the first day if on the first day A would have been so resident but for the fact that- c A, d A’s spouse or civil partner, e A’s parent, or f in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner, is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown. 15 The Department may deem a person who has previously received a- i Master’s, etc. fee loan under these Regulations in relation to a designated Master’s, etc. course, or ii Postgraduate Master’s Degree loan other than under these Regulations, in relation to a designated Postgraduate Master’s Degree course, where that loan was paid out of funds provided by a government authority within the United Kingdom , or iii a grant under regulation 33(1) of the Education (Student Support) (Postgraduate Master’s Degrees) (Wales) Regulations 2019 (base grant or contribution to costs grant). to be an eligible Master’s, etc. student where the Department is of the view that the person had not been able to complete the previous Master’s, etc. course or Postgraduate Master’s Degree course due to compelling personal reasons. 16 The Department may only exercise its discretion to award a subsequent Master’s, etc. fee loan to a particular person under paragraph (15) once in respect of a particular student. Students becoming eligible during the course of an academic year 150 1 Subject to paragraph (1)(d) where— a a master’s, etc designation event which results in a student’s course becoming a designated master’s, etc. course occurs in the course of an academic year; b a protected category event which results in a student becoming an eligible master’s, etc. student occurs— i in the course of the first academic year of a course; and ii on or before the course start date; or c an in-year qualifying event which results in a student becoming an eligible master’s, etc. student occurs within the first three months of an academic year, the student may qualify for a master’s, etc. fee loan in accordance with this Part in respect of that academic year; d a master’s etc. fee loan is not available in respect of any academic year beginning before the academic year in which the event in question occurs. Events 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Designated Master’s, etc. courses 152 1 Subject to paragraph (7), a course is a designated Master’s, etc. course for the purposes of Article 3(1) of the Order and regulation 149 if it is — a a course mentioned in Schedule 3B and which falls within paragraph (2); b a course entry to which a first degree (or equivalent qualification) or higher is normally required; c it is either— i wholly provided by an authority-funded institution in Northern Ireland, Scotland or Wales; ii provided by a publicly-funded institution situated in Northern Ireland, Scotland or Wales, on behalf of an approved (fee cap) provider in England, or on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; iii wholly provided by an approved (fee cap) provider, or provided by an approved (fee cap) provider on behalf of an approved (fee cap) provider in England; iv provided by an approved (fee cap) provider on behalf of an authority-funded institution in Northern Ireland, Scotland or Wales; v provided by an authority-funded institution in Northern Ireland, Scotland or Wales, in conjunction with an institution which is situated outside the United Kingdom; or vi provided by an approved (fee cap) provider in England in conjunction with an institution which is situated outside the United Kingdom. vii provided by a relevant institution of higher education in the Republic of Ireland or by a relevant institution of higher education in the Republic of Ireland in conjunction with an institution outside of the Republic of Ireland; d substantially provided in the United Kingdom or the Republic of Ireland . 2 For the purposes of paragraph (1)(a) the course must be either— a of one academic year’s duration or where the course falls within paragraph 3, 4 or 5 of Schedule 3B less than one academic year’s duration; or b completed within two academic years; or c completed within three academic years. 3 For the purposes of paragraph (1)(c) and (d)— a a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not the institution has entered into an agreement with the student to provide the course; b a university and any constituent college or institution in the nature of a college of a university is to be regarded as authority-funded if either the university or the constituent college or institution is authority-funded; c an institution is not to be regarded as publicly funded or authority-funded 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; d a course is not to be regarded as provided on behalf of an authority-funded educational institution where a part of the course is provided by a private institution in Northern Ireland, Scotland or Wales, or by a private institution which is an approved provider or an unregistered provider in England ; and e a course is substantially provided in the United Kingdom or the Republic of Ireland where at least half of the teaching and supervision which comprise the course is provided in the United Kingdom or the Republic of Ireland . 4 A Master’s degree undertaken as an integral part of a Postgraduate Doctoral Degree is not a designated Master’s, etc. course for the purposes of Master’s, etc. fee loan. 5 A postgraduate doctoral degree is not a designated Master’s, etc. course for the purposes of the Master’s, etc. fee loan. 6 The designated Master’s, etc. course may, but need not, be a distance learning course. 7 A course cannot be a designated Master’s, etc. course if it is a designated course for the purposes of regulation 6. 8 For the purposes of Article 3 of the Order and regulation 149 the Department may designate courses of higher education which are not designated by paragraph (1). 9 The Department may revoke or suspend the designation of a course which is designated under this regulation. Period of eligibility 153 1 A student’s status as an eligible Master’s, etc. student is retained in connection with a designated Master’s, etc. course until the status terminates in accordance with this regulation or regulation 149. 2 The period for which an eligible Master’s, etc. student’s status is retained is the “period of eligibility”. 3 Subject to the following paragraphs and regulation 149, the period of eligibility terminates at the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course. 4 The period of eligibility terminates when the eligible Master’s, etc. student (“A”)— a withdraws from A’s designated Master’s, etc. course in circumstances where the Department is not obliged under regulation 154 to transfer the student’s status as an eligible Master’s, etc. student to another course; or b abandons or is expelled from the designated Master’s, etc. course. 5 The Department may terminate the period of eligibility where the eligible Master’s, etc. student (“A”) has shown by A’s conduct that A is unfitted to receive support. 6 If the Department is satisfied that an eligible Master’s, etc. student has failed to comply with any requirement to provide information under this Part or has provided information which is inaccurate in a material particular, the Department may take such of the following actions as the Department considers appropriate in the circumstances— a terminate the period of eligibility; b determine that the student no longer qualifies for a Master’s, etc. fee loan; c treat any Master’s, etc. fee loan paid to the student as an overpayment which may be recovered under regulation 164 . 7 Where the period of eligibility terminates before the end of the academic year in which the eligible Master’s, etc. student completes the designated Master’s, etc. course the Department may, at any time, renew or extend the period of eligibility for such period as the Department determines. 8 A student who has lost the status of eligible Master’s, etc. student remains liable to repay any instalment he or she has received and ceases to be eligible for further instalments of the Master’s, etc. fee loan. Transfer of status 154 1 Where an eligible Master’s, etc. student, “A”, transfers to another Master’s, etc. course, the Department must transfer the student’s status as an eligible Master’s, etc. student to that course where— a the Department receives a request from A to do so; b the Department is satisfied that one or more of the grounds for transfer in paragraph (2) applies; and c the period of eligibility has not terminated. 2 The grounds for transfer are— a on the recommendation of the academic authority A ceases one designated Master’s, etc. course and starts to study another designated Master’s, etc. course at the same institution; or b A starts to study a designated Master’s, etc. course at another institution. 3 Subject to paragraph (4) , where A transfers under paragraph (1), A is entitled to receive in connection with the academic year of the course to which A transfers the remainder of Master’s, etc. fee loan in respect of the academic year of the course from which A transfers. 4 The Department may re-assess the amount of Master’s, etc. fee loan after the transfer. 5 Where A transfers under paragraph (1) after the Department has determined A’s Master’s, etc. fee loan in connection with the academic year of the course from which the student is transferring but before the student completes that year, A may not, in connection with the academic year of the course to which A transfers, apply for another loan of a kind that A has already applied for under this Part in connection with the academic year of the course to which A is transferring, unless otherwise provided. Availability of Master’s, etc. fee loan to eligible Master’s, etc. students 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amount of Master’s, etc. fee loan 156 1 The amount of the Master’s, etc fee loan in respect of a designated Master’s, etc course, or courses where the circumstances under paragraph (2) apply, must not exceed, in total, the lesser of - a £6,500 ; and b the fees charged to the student in respect of the designated Master’s, etc. course/s. 2 If a student’s status as an eligible Master’s, etc. student is transferred from one designated Master’s, etc. course to another under this Part and the circumstances in paragraph (3) apply, the student may apply to the Department to borrow an additional amount of Master’s, etc. fee loan in respect of the designated Master’s, etc. course to which that student transfers. 3 The circumstances are that the fees payable in respect of the designated Master’s, etc. course to which the eligible Master’s, etc. student transfers exceed the fees payable in respect of the designated Master’s, etc. course from which the student is transferring. 4 Where the circumstances in paragraph (3) apply, the maximum additional amount that the Master’s, etc. student may borrow in respect of the designated Master’s, etc. course to which that student transfers, provided that the student qualifies for a Master’s, etc. fee loan, is determined by deducting the amount of any Master’s, etc. fee loan the student has taken out under this Part, in respect of the designated Master’s, etc. course from which the student is transferring from the lesser of – a £6,500 .00; and b the fees charged in respect of the course to which the student is transferring. Applications for support 157 1 A person (the “applicant”) must apply for a Master’s, etc. fee loan in connection with each academic year of a designated Master’s, etc. course by completing and submitting to the Department an application in such form and accompanied by such documentation as the Department may require. 2 The application must be accompanied by— a a declaration under regulation 158 completed by the academic authority; and b such additional documentation as the Department may require. 3 The Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is an eligible Master’s, etc. student, whether the applicant qualifies for a Master’s, etc. fee loan and the amount payable, if any. 4 The Department must notify the applicant of whether the applicant qualifies for a Master’s etc. fee loan and, if the applicant does qualify, the amount payable in respect of the academic year, if any. Declarations provided by academic authorities 158 1 Subject to paragraph (2), the academic authority must, on the request of the applicant, complete a declaration in such form as may be required by the Department to accompany the application for a Master’s, etc. fee loan. 2 An academic authority is not required to complete a declaration if it is unable to give the confirmation required. 3 In this Part, “declaration” means— a where the applicant is applying for a Master’s, etc. fee loan in connection with the designated Master’s, etc. course in respect of the first or only academic year, a statement that— i provides the course information; and ii confirms that the applicant has enrolled and has undertaken at least two weeks of the designated Master’s, etc. course; b in any other academic year, a statement that— i provides the course information; and ii confirms that the applicant remains enrolled and continues to undertake the remaining academic year of the designated Master’s, etc. course in respect of which the applicant is applying for a Master’s, etc. fee loan. 4 In this regulation, “course information” means— a the amount of fees being charged in respect of the academic year in respect of which the applicant is applying for a Master’s, etc. fee loan; b whether the course falls within sub-paragraph (a), (b) or (c) of regulation 152(2); c certification by the academic authority that it considers— i the course to be a designated Master’s, etc. course; ii that it will be possible for the applicant to complete the course within the period specified in regulation 152(2). iii in the case of a designated Master’s, etc. course which is a distance learning course, that the applicant is undertaking the course in Northern Ireland; 5 For the purposes of paragraph (4)(c)(ii), the academic authority must have regard to— a any increase in intensity of study that would be required for the applicant to complete the course within the period specified in regulation 152(2); and b any parts of the course which the applicant has been required to repeat. Time limits 159 1 The general rule is that the application must reach the Department no later than the end of the ninth month beginning with the first day of the academic year of the course in respect of which it is submitted. 2 The general rule does not apply where— a an in-year qualifying event occurs after the first day of the academic year in respect of which the applicant is applying for support, in which case the application must reach the Department not later than the end of the ninth month beginning with the day on which the relevant event occurred; b the applicant is applying for an additional amount of the Master’s, etc. fee loan under regulation 156(4) ..., in which case the application must reach the Department no later than one month before the end of the academic year of the designated Master’s, etc. course to which the application relates; c the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, in which case the application must reach the Department not later than such date as it specifies. Requirement to enter into a contract for a Master’s, etc. fee loan 160 1 To receive a Master’s, etc. fee loan a student must enter into a contact with the Department. 2 Where the Department requires a contract to be signed by a student, an electronic signature in such form as the Department may specify satisfies such a requirement. Provision of United Kingdom national insurance number 161 1 The Department may make it a condition of entitlement to payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan that the eligible Master’s, etc. student must provide the Department with the student’s United Kingdom national insurance number. 2 Where the Department has imposed a condition under paragraph (1), the Department must not make any payment of the Master’s, etc. fee loan or any instalment of the Master’s, etc. fee loan to or in respect of the eligible Master’s, etc. student before the Department is satisfied that the student has complied with that condition. 3 Despite paragraph (2), the Department may make a payment of the Master’s, etc. fee loan to an eligible Master’s, etc. student if the Department is satisfied that owing to exceptional circumstances it would be appropriate to make such a payment without the eligible Master’s, etc. student having complied with the condition imposed under paragraph (1). Information requirements 162 1 Schedule 4 deals with the provision of information. 2 The Department may at any time request from an applicant or eligible Master’s, etc. student information that the Department considers is required to recover a Master’s, etc. fee loan. 3 The Department may at any time require an applicant or eligible Master’s, etc. student to enter into an agreement to repay a Master’s, etc. fee loan by a particular method. 4 The Department may at any time request from an applicant or eligible Master’s, etc. student sight of their valid national identity card, valid passport issued by the state of which they are a national or their birth certificate. 5 Where the Department has requested information under this regulation, the Department may withhold any payment of a Master’s, etc. fee loan until the person provides what has been requested or provides a satisfactory explanation for not complying with the request. 6 Where the Department has required an agreement as to the method of repayment under this regulation, the Department may withhold any payment of a Master’s, etc. fee loan until the person provides what has been required. Payment of Master’s, etc. fee loan 163 1 The Department must pay the Master’s, etc. fee loan for which an eligible Master’s, etc. student qualifies to an institution to which the student is liable to make payment. 2 The Department may pay the Master’s, etc. fee loan in instalments. 3 The Department must not pay the Master’s, etc. fee loan or instalment of Master’s, etc. fee loan until the Department has received from the academic authority— a a request for payment; and b confirmation (in such form and at such times as may be required by the Department) of the student’s attendance on the designated Master’s, etc. course for the period to which the instalment relates. 4 In this regulation, “confirmation of the student’s attendance” means confirmation from the academic authority that the student– a has enrolled for the academic year and has begun to attend (or in the case of a distance learning course undertake) the course for that academic year, where the confirmation relates to payment of the Master’s, etc. fee loan or the first instalment of the Master’s, etc. fee loan for the academic year; or b remains enrolled and continues to attend (or in the case of a distance learning course undertake) the course, where the confirmation relates to payment of an instalment of the Master’s, etc. fee loan other than the first instalment. 5 The academic authority must forthwith inform the Department if a student withdraws, is suspended or is expelled from their course, or is otherwise absent. Overpayments of Master’s, etc. fee loan 164 1 Any overpayment of Master’s, etc. fee loan is recoverable by the Department from— a the academic authority; or b the student in respect of whom the payment of Master’s, etc. fee loan was made. 2 A student must, if so required by the Department, repay any amount of Master’s, etc. fee loan paid in respect of the student which for whatever reason exceeds the amount of Master’s, etc. fee loan to which the student is entitled. 3 An overpayment of a Master’s, etc. fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Department considers appropriate in all the circumstances— a by subtracting the overpayment from any amount on the Master’s, etc. fee loan which remains to be paid; b by subtracting the overpayment from any kind of grant or loan payable to or in respect of the student from time to time pursuant to regulations made by the Department under Article 3 of the Order; c by requiring the student to repay the Master’s, etc. fee loan in accordance with regulations made by the Department under Article 3 of the Order; d by taking such other action for the recovery of an overpayment as is available to the Department. Withdrawal, abandonment, expulsion, absence, etc. from course 165 1 If the Department receives notice under regulation 163(5) or paragraph (2)(a), (c) or (d) of Schedule 4 of an eligible Master’s, etc. student’s withdrawal, abandonment, expulsion, absence, etc. from the designated Master’s, etc. course, the Department may not make any further payment of the Master’s, etc. fee loan. 2 If the eligible Master’s, etc. student recommences the course the student must inform the Department and give full details of the length and cause of the preceding absence. 3 If the student resumes their studies on the course within two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163, if in the opinion of the Department, it would be appropriate in all the circumstances for such payment to be made. 4 If the student resumes their studies on the course after two years of the absence period commencing, the Department may resume further payments of the Master’s, etc. fee loan under regulation 163 only if the Department deems that there were compelling personal reasons for the student’s absence from the course. Sealed with the Official Seal of the Department for Employment and Learning on 18th November 2009 Sir Reg Empey MLA Minister for Employment and Learning