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Part IIEligibility

Applications for financial support

6.—(1) Subject to regulation 32, a person shall apply for support in connection with his attendance on a course by completing and submitting to the Department an application in such form as he may require, but which shall include a declaration signed by the student that:

(a)the particulars given in the form are correct to the best of his knowledge and belief;

(b)he will notify the Department (or if an Education and Library Board is exercising functions in relation to his application by virtue of a determination under Article 4 (1)(a) of the 1998 Order) of any change in them which might affect his eligibility for support; and

(c)he will if required to do so repay to the Department any amount paid to him which for whatever reason, exceeds the amount of support to which he is entitled under these Regulations.

(2) The application form must reach the Department not later than four months after the first day of the academic year of the course in which it is submitted, but where—

(a)the course becomes a designated course after the first day of that academic year, the application must reach the Department not later than four months after the date on which the course was designated;

(b)the student, or his spouse or parent, is recognised as a refugee or has been granted leave to enter or remain as mentioned in paragraph 3 of Schedule 1 after the first day of that academic year, the application must reach the Department not later than four months after the date of recognition or the date leave was granted respectively;

(c)the student is not a student mentioned in paragraph 7 of Schedule 1 on the first day of that academic year but as a result of the accession of the State of which he is a national to the European Community he becomes such a student, the application must reach the Department not later than four months after the date of the accession;

(d)the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, the application must reach the Department not later than such date as it specifies.

(3) An applicant shall demonstrate his eligibility for support by providing such evidence as the Department may require.

(4) The Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is eligible for support.

(5) If the Department considers that an applicant is eligible for support it shall notify him of that fact, and thenceforth the student shall be an “eligible student” for the purposes of these Regulations.

(6) An eligible student shall demonstrate his eligibility for a particular grant or loan under these Regulations, and the amount of such grant or loan to which he is entitled, by providing such evidence as the Department may require; and the Department may take such steps and make such inquiries as it considers necessary to determine whether the eligible student is eligible for a particular grant or loan and the amount to which he is entitled.

(7) Without prejudice to the generality of paragraph (6), for the purpose of demonstrating his eligibility for a particular grant or loan, other than a grant under regulation 13, an eligible student shall complete and submit to the Department an application in such form as it may require not later than nine months after the first day of the academic year; and where the Department considers that having regard to the circumstances of the particular case the time limit should be relaxed, the application must reach the Department not later than such date as it specifies.

(8) If the Department considers that an eligible student is eligible for a particular grant or loan it shall notify him of that fact and the amount to which the Department considers he is entitled.