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The Education (Student Support) Regulations (Northern Ireland) 2005

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42.—(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 shall convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which he is transferring where—

(a)it receives a request from the eligible student to do so; and

(b)the period of eligibility has not expired or been 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 shall be treated as satisfying regulation 35(1)(b) 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 twice the period normally required to complete the remainder of the designated course from which the student transfers.

(3) The following applies to a student who transfers under paragraph (1)—

(a)where the Department has determined to pay an amount of grant to the student under regulation 14 in periodic instalments, no payment in respect of that amount of grant shall be made in respect of any instalment period beginning after the date on which the student became an eligible part-time student;

(b)the maximum amount of grant to which the student would, apart from this regulation, be entitled in accordance with regulation 38 in connection with his undertaking a designated part-time course in respect of that academic year shall be reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he became such a student in a later quarter of that year;

(c)where an amount of grant for any purpose has been paid to the student under regulation 14 in a single instalment, the maximum amount of grant payable to him in accordance with regulation 38 for that purpose shall be reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him for that purpose in accordance with regulation 14, and where the resulting amount is nil or a negative amount that amount shall be nil; and

(d)where immediately before he became an eligible part-time student he 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 for which he was entitled, he may apply for such a loan or such additional amount of loan as if he 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 shall be 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) shall be reduced by two thirds, and where the request is made during the second quarter of that year that amount shall be reduced by one third.

(5) 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 shall convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which he is transferring where—

(a)it receives a request from the eligible part-time student to do so; and

(b)the period of eligibility has not expired or been terminated.

(6) The following applies to a student who transfers under paragraph (5)—

(a)where the Department has determined to pay an amount of grant to the student in accordance with regulation 38 in periodic instalments no payment in respect of that amount of grant shall 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 shall be ignored in determining the amount of support to which he 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 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year shall be reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he became such a student in a later quarter of that year; and

(d)where an amount of grant for any purpose has been paid to the student in accordance with regulation 38 in a single instalment, the maximum amount of grant payable to him under regulation 14 for that purpose shall be reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of grant paid to him for that purpose in accordance with regulation 38 and where the resulting amount is nil or a negative amount that amount shall be nil.

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