The Education (Student Support) ( No. 2) Regulations (Northern Ireland) 2009

Eligible postgraduate students N.I.

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 [F1 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).

[F2 (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 [F3 , 13 [F4 , 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) [F5 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(1) 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 [F6 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 [F7 or the Republic of Ireland].

[F8 (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 [F9 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.

[F10 (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 [F11 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.]

[F12 (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 [F13 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.]

[F14 (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 [F15 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.]

[F16 (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 [F17 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.]

[F18 (12E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes [F19 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 [F20 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.]

[F21 (12F) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes [F22 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 [F23 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.]

[F24 (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 [F25 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 [F26 on the grounds of discretionary leave] is allowed to stay in the United Kingdom [F27 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.

[F28 (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 [F29 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.

F30 (13B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13C) Where—

(a) the Department determined that, by virtue of—

(i) falling within [F31 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 [F32 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.

Textual Amendments

F1 Words in reg. 139(2) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 11(a)(i)

F2 Reg. 139(3)-(3B) substituted for reg. 139(3) (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 11(a)(ii)

F3 Words in reg. 139(3)(a) substituted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 48(a)

F4 Words in reg. 139(3)(a)(i) substituted (with application in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022 (S.R. 2022/201), regs. 1(2), 6

F5 Reg. 139(4)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 23

F6 Words in reg. 139(7) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 11(a)(iii)

F7 Words in reg. 139(8) inserted (14.8.2024) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 32

F8 Reg. 139(8A) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 11

F9 Words in reg. 139(12)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(a)

F10 Reg. 139(12A) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 26

F11 Words in reg. 139(12A)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(b)

F12 Reg. 139(12B) inserted (with effect in accordance with reg. 1(4))(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(j)(i)

F13 Words in reg. 139(12B)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(c)

F14 Reg. 139(12C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(j)(i)

F15 Words in reg. 139(12C)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(d)

F16 Reg. 139(12D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(j)(i)

F17 Words in reg. 139(12D)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(b)

F18 Reg. 139(12E) inserted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 48(b)

F19 Words in reg. 139(12E)(a) inserted (with application in accordance with reg. 1(5)(6) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 27(a) (with regs. 74-75)

F20 Words in reg. 139(12E)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(e)

F21 Reg. 139(12F) inserted (with application in accordance with reg. 1(4)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022 (S.R. 2022/201), regs. 1(2), 26(a)

F22 Words in reg. 139(12F)(a) inserted (with application in accordance with reg. 1(3)(4)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 27(b)

F23 Words in reg. 139(12F)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(b)

F24 Reg. 139(12G) inserted (with application in accordance with reg. 1(7)(8) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/32), regs. 1(2), 10(a)

F25 Words in reg. 139(13)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(j)(i)

F26 Words in reg. 139(13)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(j)(ii)

F27 Words in reg. 139(13)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(d)

F28 Reg. 139(13A)-(13C) inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 11(a)(iv)

F29 Words in reg. 139(13A)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(f)

F30 Reg. 139(13B) omitted (with application in accordance with of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(4)(a), 29(a)

F31 Words in reg. 139(13C)(a)(i) substituted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 29(b)

F32 Words in reg. 139(13C)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 19(g)

Commencement Information

I1 Reg. 139 in operation at 17.12.2009, see reg. 1(1)

(1)

2001 c. 3 (N.I.)