Education (Student Support) Regulations (Northern Ireland) 2003

Eligible students

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

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

(a) an award made to him in respect of his attendance on the course is an old award or where no award was made an award would have been an old award if it had been made;

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

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

(i) a bursary or award of similar description under Article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972(1) or section 63 of the Health Services and Public Health Act 1968(2) the amount of which is not calculated by reference to his income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992(3);

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

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

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

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

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

(a) before 25th September 1991; and

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

(5) A person in respect of whom the first day of the first academic year of the course is on or after 1st September 2000 shall not, at any one time, be eligible for support for –

(a) more than one designated course, or

(b) a designated course and a designated part-time course.

(1)

S.I. 1972/1265 (N.I. 14)

(2)

1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part 1, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I.1985/39), Article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No. 2) Order 1996 (S.I.1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4)

(3)

S.I. 1992/580