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The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013

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1.—(1) These Regulations may be cited as the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2013 and come into operation on 6th June 2013.

(2) These Regulations apply in relation to the provision of support to students in relation to an academic year which begins on or after 1st September 2013 whether anything done under these Regulations is done before, on or after 1st September 2013.

Amendment of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

2.  The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009(1) are amended as provided by regulations 3 to 15.

3.  In regulation 2(1)—

(a)for the definition of “current system student”, substitute—

“current system student” means an eligible student—

(a)

who is not an old system student; and

(b)

who—

(i)

began the current course on or after 1st September 2006 and continued on that course after 31st August 2010;

(ii)

began the current course on or after 1st September 2010; or

(iii)

where the current course is at a relevant institution of higher education in the Republic of Ireland, begins the course on or after 1st September 2013;

(b)in the definition of “fees” after “college fees” insert “and student contribution charge”;

(c)in the definition of “fee support” for “or a fee loan” substitute “, a fee loan or a relevant institution charge loan”;

(d)in the definition of “old system student” in sub-paragraph (d), after “on or after 1st September 2006” insert “but before 1st September 2013”;

(e)after the definition of “refugee” insert—

“relevant institution charge loan” means a loan for student contribution charge pursuant to regulations made by the Department under Article 3 of the Order;;

(f)after the definition of “statutory award” insert—

“student contribution charge” means the charge payable by students at a relevant institution of higher education in the Republic of Ireland;.

4.  In regulation 5(3) after sub-paragraph (g) insert—

(h)A has been awarded a grant or award of similar description by an awarding authority in another Member State in respect of his attendance on a course at a relevant institution of higher education in the Republic of Ireland which he begins on or after 1st September 2013.

5.  For regulation 10(2)(b) substitute—

(b)the applicant is making a separate application for a fee loan, a relevant institution charge loan, a fee contribution loan, a loan for living costs or a college fee loan or is applying for an additional amount of fee loan under regulation 25(4) or (10), an additional amount of relevant institution charge loan under regulation 25A(4) or (10), an additional amount of fee contribution loan under regulation 36(5), an additional amount of loan for living costs under regulation 77(3) or an additional amount of college fee loan under regulation 85(2) in which case the application must reach the Department not later than one month before the end of the academic year to which the application relates;

6.  In regulation 15 after “fee loan in respect of fees” insert “or relevant institution charge loan in respect of student contribution charge”.

7.  In regulation 20 after “fee loan” in each instance that it occurs insert “or relevant institution charge loan”.

8.  In regulation 25—

(a)In paragraph (5)(a) after “exceed the fees” insert “or student contribution charge”;

(b)In paragraph (6) after “apply to the Department for” insert “a fee loan or”;

(c)In paragraph (8) after “the amount of any fee loan” insert “or relevant institution charge loan”.

9.  After regulation 25 insert—

Amount of relevant institution charge loan

25A.(1) The amount of the relevant institution charge loan in respect of an academic year of a designated course must not exceed the amount of the student contribution charge payable by the student to the relevant institution of higher education in the Republic of Ireland in connection with that year.

(2) Where a current system student has applied for a relevant institution charge loan of less than the maximum amount available in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the maximum amount available.

(3) The amount of relevant institution charge loan will be converted from euro to sterling using the average euro to sterling conversion rate published by Her Majesty’s Revenue and Customs(2) for the calendar year preceding the start of the academic year for which the eligible student applies for the relevant institution charge loan.

(4) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (5) apply, the student may apply to the Department to borrow an additional amount by way of a relevant institution charge loan in respect of the academic year of the course to which that student transfers.

(5) The circumstances are—

(a)the student contribution charge payable in respect of the academic year of the course to which the current system student transfers exceeds the fees or student contribution charge payable in respect of the academic year of the course from which the student is transferring; and

(b)the academic year of the course to which the current system student transfers does not begin on a later date than the academic year of the course from which the student is transferring.

(6) If a student’s status as an eligible student is transferred from one designated course to another under these Regulations and the circumstances in paragraph (7) apply, the student may apply to the Department for a relevant institution charge loan or another relevant institution charge loan in respect of the academic year of the course to which the student transfers.

(7) The circumstances are that the academic year of the course to which the current system student transfers begins on a later date than the academic year of the course from which that student is transferring.

(8) Where the circumstances in paragraph (5) apply, the maximum additional amount that the current system student may borrow in respect of the academic year to which that student transfers, provided that the student qualifies for a relevant institution charge loan in respect of that year, is determined by deducting the aggregate amount of any fee loan and any relevant institution charge loan the student has taken out under these Regulations in respect of the academic year from which the student is transferring from the student contribution charge payable by the student in respect of the academic year to which the student is transferring.

(9) Where the circumstances in paragraph (7) apply, the maximum amount of relevant institution charge loan that a current system student may borrow in respect of the academic year to which that student transfers provided that the student qualifies for a relevant institution charge loan in respect of that year is the student contribution charge payable by the student in connection with that year.

(10) Where a current system student has applied for a relevant institution charge loan of less than the amount available in relation to an academic year, that student may apply to borrow an additional amount which when added to the amount already applied for does not exceed the relevant maximum applicable in that student’s case.

10.  In regulation 57(3) after “fee loan” in each instance that it occurs insert “or relevant institution charge loan”.

11.  In regulation 59(3) after “fee loan” in each instance that it occurs insert “or relevant institution charge loan”.

12.  In regulation 61(1) for “Chapter 3” substitute “Chapter 4”.

13.  For regulation 96(1)(a) substitute —

(a)fee loans and relevant institution charge loans are payable in accordance with regulation 99;

(ab)fee contribution loans are payable in accordance with regulation 99A;

14.  In regulation 99(3) after “fee loan” in each instance that it occurs insert “or relevant institution charge loan”.

15.  In regulation 102(2) after “fee loan” in each instance that it occurs insert “or relevant institution charge loan”.

Sealed with the Official Seal of the Department for Employment and Learning on 8th May 2013.

Legal seal

Dr Stephen Farry MLA

Minister for Employment and Learning

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