The Education (Student Support) (College of Europe) Regulations 2010

PART 2 APPLYING FOR SUPPORT AND ELIGIBILITY

Applications

5.—(1) A person (the “applicant”) must submit an application to be considered as an eligible student and an application for support in such form as the Secretary of State may require to the College by the application deadline.

(2) Subject to paragraph (3), the application deadline is 21st May 2010.

(3) The Secretary of State may extend the application deadline if the Secretary of State considers that the circumstances of the case warrant it.

Eligible students

6.—(1) An eligible student qualifies for support in connection with the student’s attendance on a designated course subject to and in accordance with these Regulations.

(2) Subject to paragraphs (3) and (7), a person is an eligible student in connection with a designated course if—

(a) the academic authority notifies the Secretary of State in writing that the person has a reasonable chance of being offered a place on a designated course by the academic authority; and

(b) the Secretary of State determines in connection with an application for support under these Regulations that the person falls within one of the categories in Part 2 of Schedule 1.

(3) A person (“A”) is not an eligible student if—

(a) subject to paragraph (4), A has attended a postgraduate or comparable course of at least one academic year’s duration;

(b) A is in breach of an obligation to repay any loan;

(c) A has reached the age of 18 and not ratified any agreement for a loan made with A when A was under the age of 18; or

(d) A has, in the opinion of the Secretary of State, shown by A’s conduct to be unfitted to receive support.

(4) Paragraph (3)(a) does not apply where the person has attended a postgraduate or comparable course of at least one academic year’s duration but the Secretary of State has determined that having regard to the particular circumstances of that person’s case it is appropriate to pay that person support in connection with the current course.

(5) For the purposes of paragraph (3)(b) and (c), “loan” means a loan made under the student loans legislation.

(6) In the case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) applies only if the agreement was made—

(a) before 25th September 1991; and

(b) with the concurrence of the borrower’s curator or at a time when the borrower had no curator.

(7) The number of eligible students must not exceed 11.

(8) An eligible student shall not, at any one time, qualify for support for more than one designated course.

(9) The Secretary of State may take such steps and make such enquiries as the Secretary of State considers necessary to determine whether a person is an eligible student.

(10) The Secretary of State must inform a person who has been notified to the Secretary of State under paragraph (2)(a) whether that person qualifies as an eligible student.

(11) A person who has received notification from the Secretary of State under paragraph (10) that that person is an eligible student in connection with a designated course must, by the deadline for receipt of financial information, provide the Secretary of State with any information or documentation that the Secretary of State requests in order to determine the amount of support payable under these Regulations.

(12) The deadline for receipt of financial information is 31st July 2010 or, in the case of grants payable under regulation 15(6), 28th February 2011.

(13) The Secretary of State must notify an eligible student of the amount of support payable, if any.

Designated course

7.  A course is designated for the purposes of section 22(1) of the 1998 Act and regulation 6 if it is—

(a) a postgraduate course;

(b) a full-time course;

(c) of one academic year’s duration; and

(d) provided by the College.

Period of eligibility

8.—(1) Subject to the following paragraphs and regulation 6, a student’s status as an eligible student in connection with a designated course will terminate at the end of the academic year in which the College would ordinarily expect the student to complete the course (“period of eligibility”).

(2) The period of eligibility terminates when the student withdraws from the designated course or abandons or is expelled from the designated course.

(3) The Secretary of State may terminate a period of eligibility where the conduct of the student means that the student is unfitted to receive support.

(4) Where the student’s period of eligibility will terminate before the end of the academic year in which the student will actually complete the course, the Secretary of State may, at any time, extend or renew the period of eligibility for such period as the Secretary of State determines.

(5) If the Secretary of State is satisfied that the student has failed to comply with any requirement to provide information under these Regulations or has provided information which is inaccurate in a material particular, the Secretary of State may do one or more of the following—

(a) terminate the student’s period of eligibility;

(b) determine that the student no longer qualifies for any particular type of support or particular amount of support;

(c) treat any support already paid to the student as an overpayment which may be recovered in accordance with regulation 31.

Transfer of eligibility

9.—(1) Where an eligible student transfers to another designated course at the College, the Secretary of State must transfer the student’s status as an eligible student where—

(a) the Secretary of State receives a request from the eligible student to do so;

(b) the Secretary of State is satisfied that the eligible student has begun to attend that other course on the recommendation of the academic authority; and

(c) the student’s status as an eligible student has not terminated.

(2) An eligible student who transfers under paragraph (1) shall receive in connection with the course to which that eligible student transfers the remainder of the support assessed by the Secretary of State in respect of the course from which the eligible student transfers.

(3) An eligible student (“A”) who transfers under paragraph (1) after the Secretary of State has assessed support in connection with the course from which A is transferring but before A completes that course may not, in connection with the course to which A transfers, apply for another grant of a kind that A has already applied for under these Regulations in connection with the course from which A is transferring.