The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

Interpretation [F1 of Part 2] N.I.

6.—(1) In this Part—

“2006 Support Regulations” means the Education (Student Support) Regulations (Northern Ireland) 2006(1).

“date of receipt” in relation to a repayment is to be construed in accordance with regulation 12;

[F2 “designated course” has the same meaning as in the 2009 Regulations;

“designated distance learning course” has the same meaning as in the 2009 Regulations;

“designated part-time course” has the same meaning as in the 2009 Regulations;]

“disability–related benefit” means long-term incapacity benefit or short-term incapacity benefit at the higher rate, disability living allowance and industrial injuries benefit, all payable under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) [F3 armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011,] [F4 personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015,], or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations (Northern Ireland) 1987(3);

[F5 “distance learning fee loan” means a loan for fees made to an eligible distance learning student pursuant to the 2009 Regulations made by the Department under Article 3 of the Order;]

“end-on course” means—

(a)

a full-time first degree course (other than a first degree course for the initial training of teachers) which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time course mentioned in paragraph (2) for which the student received or was entitled to receive an award made under the Students Awards Regulations (Northern Ireland) 1998(4) (other than an award within the meaning of the Students Awards Regulations (Northern Ireland) 2003(5)), or financial support under Student Support Regulations; and

(b)

a full-time honours degree course beginning on or after 1^st September 2006 which, disregarding any intervening vacation, a student begins immediately after ceasing to attend a full-time foundation degree course and for which the student received or was entitled to receive any of the financial support referred to in paragraph (a);

[F6 “part-time fee loan” means a loan for fees made to an eligible part-time student pursuant to the 2009 Regulations made by the Department under Article 3 of the Order;] and

“Student Support Regulations” means any Regulations made in or in relation to any academic year commencing in or after 1998 pursuant to Article 3 of the Order and which regulate or define the entitlement of a borrower to loans and the extent of any financial support available including Regulations made after the date of these Regulations.

[F7 “total charge for credit rules” means rules made under article 60M of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 for the purposes of Chapter 14A of Part 2 of that Order.]

(2) The courses mentioned in this paragraph are a course for the Diploma of Higher Education, and a course for the Higher National Diploma or Higher National Certificate of—

(a) the Business & Technician Education Council; or

(b) the Scottish Qualifications Authority.

Textual Amendments

F1 Words in reg. 6 heading inserted (6.4.2024) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/55), regs. 1(2), 4(a)

F2 Words in reg. 6(1) inserted (with application in accordance with reg. 1(2) of the amending S.R.) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 49(a)

F3 Words in reg. 6(1) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 8(2)

F4 Words in reg. 6(1) inserted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 36

F5 Words in reg. 6(1) inserted (with application in accordance with reg. 1(2) of the amending S.R.) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 49(b)

F6 Words in reg. 6(1) inserted (with application in accordance with reg. 1(2) of the amending S.R.) by The Education (Student Support) (No.2) (Amendment) and Education (Student Loan) (Repayment) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/7), regs. 1(1), 49(c)

F7 Words in reg. 6 inserted (6.4.2024) by The Education (Student Loans) (Repayment) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/55), regs. 1(2), 4(a)(i)

Commencement Information

I1 Reg. 6 in operation at 6.4.2009, see reg. 1(1)

(1)

S.R. 2006 No. 312, as amended by S.R. 2006 No. 383

(2)

1992 c.7, amended by Articles 3 to 5, 7, 8, 10 to 13 of, and Schedules 1 and 2 to, the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)). The IB provisions of the 1992 Act and the amendments of the 1994 Order are repealed by section 58 of and schedule 8 to, and amended by section 28 of and schedule 3 of the Welfare Reform Act (Northern Ireland) 2007 (c.2 (N.I.)) sections 23 and 67 and Schedules 3 and 8 from a date to be appointed (see section 60(1))

(3)

S.R. 1987 No. 459 (see parts 3 and 4 of Schedule 2); relevant amending Regulations are S.R. 1988 Nos. 146 and 431, S.R. 1989 No. 395, S.R. 1992 No. 6, S.R. 1993 No. 373, S.R. 1994 Nos. 327 and 474, S.R. 1995 No. 67, S.R. 1997 No. 113, S.R. 2000 No. 74, S.R. 2003 Nos. 191 and 413 and S.R. 2007 Nos. 153 and 154

(4)

S.R. 1998 No. 273

(5)

S.R. 2003 No. 459, as amended by S.R. 2004 No. 395, S.R. 2005 No. 466, S.R. 2006 No. 378, S.R. 2007 No. 336 and S.R. 2008 No. 254