The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (“the 2009 Regulations”). The 2009 Regulations provide for financial support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2010.

These Regulations make minor policy and technical changes to the 2009 Regulations and these changes are set out in the paragraphs below. These Regulations also, by regulation 20 and the Schedule, set out the increased payment rates for fee loans, grants for fees and fee contribution loans for full-time courses and sandwich courses which apply from 1st September 2013.

Regulation 3 amends the definition of “flexible postgraduate course for the initial training of teachers” in the 2009 Regulations, in light of the abolition of the Training and Development Agency for Schools.

Regulations 4, 5, 9 (in part), 11, 12, 13, 15(c), 17 and 18 amend the 2009 Regulations so that students becoming eligible for student support during the course of the academic year qualify for support in respect of the quarters following the event triggering their eligibility.

Regulations 6, 7 and 10 amend the provisions of the 2009 Regulations under which grants for dependants are calculated. The effect of the changes is that grants for dependants will be calculated on the basis of: (i) the residual income of any partner or adult dependant for the prior financial year; and (ii) the net income of any child dependant for the prior financial year. However, where a dependant’s income for the current financial year is likely to be 5 per cent less than that in the prior financial year, the Department may instead assess the dependant’s income on the basis of the current financial year.

Regulation 9 (in part) amends the 2009 Regulations to enable the Department to limit the amount of childcare grant payable until a student submits details of their childcare provider.

Regulations 14, 15(a) and (b) and 16 amend the 2009 Regulations such that full and part-time students living in Northern Ireland, who establish eligibility for student support for a distance learning course on the first day of the first academic year of their course, will continue to be eligible for student support unless they subsequently undertake their distance learning course outside the United Kingdom.

Regulation 19(a) amends the definition of “parent” in the 2009 Regulations.

Regulation 19(b) amends the 2009 Regulations to make clear for the avoidance of doubt that “ordinarily resident” means lawfully resident.

An impact assessment has not been prepared in respect of this instrument as it has no impact on the cost of business, charities or voluntary bodies.