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The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007

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Amendment of the principal Regulations

21.—(1) Regulation 121 (Conversion of status) shall be amended as provided by paragraphs (2) and (3).

(2) After paragraph (4), there shall be inserted—

(4A) 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 he is transferring where—

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

(b)the period of eligibility has not terminated.

(4B) 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 110(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 twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

(4C) Subject to paragraph (4D), a student who transfers under paragraph (4A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Department has determined he qualifies under Part 10A in respect of the academic year of the designated distance learning course from which he transfers.

(4D) (4D)The Department may re-assess the amount of support payable after the transfer.

(4E) An eligible student who transfers under paragraph (4A) after the Department has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(a)may not apply for a grant under regulation 112(1)(b) if he has already applied for a grant under regulation 107E(1)(b);

(b)may not apply for a grant under regulation 116 if he has already applied for a grant under regulation 107H.

(4F) Where a student transfers under paragraph (4A), the total amount of assistance paid to the student under regulations 107E(1)(a) and 112(1)(a) in respect of the academic years from and to which he transfers must not exceed the amount of support determined to be payable to the student under regulation 107E(1)(a)..

(3) After paragraph (6), there shall be inserted—

(6A) 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 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 terminated.

(6B) Subject to paragraph (6C), a student who transfers under paragraph (6A) shall receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Department has determined he qualifies under Part 11 in respect of the academic year of the designated part-time course from which he transfers.

(6C) (6C)The Department may re-assess the amount of support payable after the transfer.

(6D) An eligible student who transfers under paragraph (6A) after the Department has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(a)may not apply for a grant under regulation 107E(1)(b) if he has already applied for a grant under regulation 112(1)(b);

(b)may not apply for a grant under regulation 107H if he has already applied for a grant under regulation 116.

(6E) Where a student transfers under paragraph (6A), the total amount of assistance paid to the student under regulations 107E(1)(a) and 112(1)(a) in respect of the academic years from and to which he transfers must not exceed the maximum amount of support determined to be payable to the student under regulation 107E(1)(a)..

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