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

Eligible part-time students N.I.

122.—(1) An eligible part-time student qualifies for support in connection with the student’s undertaking a designated part-time course subject to and in accordance with this Part.

[F1 (2) Subject to the following provisions of this regulation, a person is an eligible part-time student in connection with a designated part-time course if in assessing that person’s application for support the Department determines that the person falls within one of the categories set out—

(a) in paragraphs 2, 2A, 3, 4, 4A, 4B, 4C, 4D, 4E, 4F, 5, 6A, 6B, 7A, 8A, 9A, 9B, 9C, 9D, 10A, 11A, 12A [F2 , 13 [F3 , 14, 15 and 16]] in Part 2 of Schedule 2; or

(b) in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 where paragraph (2A) applies.

(2A) This paragraph applies where—

(a) in connection with a designated part-time course beginning before 1st August 2021, the Department—

(i) in assessing an application for support by a person (“A”) determined that A fell within one of the categories set out in paragraphs 6, 7, 8, 9, 10, 11 and 12 in Part 2 of Schedule 2 in relation to an academic year of the course beginning before 1st August 2021; or

(ii) would have so determined had A made an application for support in accordance with this Part in relation to an academic year of the course beginning before that date; and

(b) A applies for support in connection with that course or a designated part-time course to which A’s status as an eligible part-time student is transferred from that course in accordance with this Part.

(2B) In connection with a designated part-time course beginning on or after 1st January 2028, paragraph (2) has effect as if paragraphs 8A, 9B and 9D were omitted.]

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

(a) [F4 A is eligible to apply for,] in connection with the part-time course—

(i) a healthcare bursary whether or not the amount of such bursary is calculated by reference to A’s income; or

(ii) any allowance under the Nursing and Midwifery Student Allowances (Scotland) Regulations 2007;

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

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

(d) A has, in the opinion of the Department, shown by A’s conduct that A is unfitted to receive support; or

(e) subject to paragraph (4), A is a prisoner.

(4) Paragraph (3)(e) does not apply in respect of an academic year during which the student enters prison or is released from prison.

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

(6) In a case where the agreement for a loan is subject to the law of Scotland, paragraph (3)(c) only applies 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) Subject to paragraphs (10) to (12), if a person satisfies the conditions in paragraph (8) or (9)—

(a) paragraphs (2) and (3) do not apply to that person; and

(b) the person is an eligible part-time student for the purposes of this Part.

(8) The conditions in this paragraph are—

(a) the person qualified as an eligible part-time student in connection with an earlier academic year of the current designated part-time course pursuant to regulations made by the Department under Article 3 of the Order; and

(b) the person’s status as an eligible part-time student has not terminated.

(9) The conditions in this paragraph are—

(a) the Department has previously determined that the person is—

(i) an eligible student in connection with a designated course;

(ii) an eligible distance learning student in connection with a designated distance learning course; or

(iii) an eligible part-time student in connection with a designated part-time course other than the current designated part-time course;

(b) the person’s status as an eligible student, as an eligible distance learning student or as an eligible part-time student in connection with the course referred to in sub-paragraph (a) has been converted or transferred from that course to the current designated part-time course as a result of one or more conversions or transfers in accordance with regulations made by the Department under Article 3 of the Order; and

(c) the person’s status as an eligible part-time student has not terminated.

(10) Where—

(a) the Department determined that, by virtue of being a refugee or the spouse, civil partner, child or step-child of a refugee, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the refugee status of A or of A’s spouse, civil partner, parent or step-parent, as the case may be, [F5 has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002), and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose refugee status has expired has not become a British or Irish citizen,]

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F6 (10A) Where—

(a) the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible part-time student in connection with–

(i) an application for support for an earlier year of the current part-time course; or

[F7 (ii) an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and]

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted section 67 leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [F8 and that person has not become a British or Irish citizen],

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F9 (10B) Where—

(a) the Department determined that, by virtue of being a person granted Calais leave, a person (“A”) was an eligible part-time student in connection with–

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted Calais leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [F10 and A has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F11 (10C) Where—

(a) the Department determined that, by virtue of being a person granted humanitarian protection or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with–

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted humanitarian protection is allowed to stay in the United Kingdom [F12 has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,]

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F13 (10D) Where—

(a) the Department determined that, by virtue of being a person granted stateless leave or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with–

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted stateless leave is allowed to stay in the United Kingdom has expired and no further leave to remain has been granted [F14 and that person has not become a British or Irish citizen],

A’s status as an eligible student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F15 (10E) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Afghan Schemes [F16 or the spouse, civil partner, child or step-child of such a person], a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course, or

(ii) an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Afghan Schemes is allowed to stay in the United Kingdom has expired [F17 and that person has not become a British or Irish citizen],

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F18 (10F) Where—

(a) the Department determined that, by virtue of being a person granted leave under one of the Ukraine Schemes [F19 or the spouse, civil partner, child or step-child of such a person], a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course, or

(ii) an application for support in connection with a designated course, designated distance learning course, or other designated course from which A’s status as an eligible student, eligible part-time student or eligible distance learning student has been transferred to the current course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person granted leave under one of the Schemes is allowed to stay in the United Kingdom has expired and no further leave to enter or remain has been granted [F20 and that person has not become a British or Irish citizen],

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

[F21 (10G) Where—

(a) the Department determined that, by virtue of being a person satisfying the criteria in paragraph 13 of Schedule 2 (eligible students: long residence), a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which A was granted leave to stay in the United Kingdom has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) A has not become a British or Irish citizen,

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(11) Where—

(a) the Department determined that, by virtue of being a person with leave to enter or remain [F22 on the grounds of discretionary leave] or the spouse, civil partner, child or step-child of such a person, a person (“A”) was an eligible part-time student in connection with an application for support for an earlier year of the current part-time course or an application for support in connection with a designated course, designated distance learning course or other designated part-time course from which A’s status as an eligible part-time student, eligible student or eligible distance learning student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, the period for which the person with leave to enter or remain [F23 on the grounds of discretionary leave] is allowed to stay in the United Kingdom [F24 has expired and—

(i) no further leave to remain has been granted;

(ii) no appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002); and

(iii) the person (A or A’s spouse, civil partner, parent or step-parent) whose period for which they are allowed to stay in the United Kingdom has expired has not become a British or Irish citizen,]

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

[F25 (11A) Where—

(a) the Department determined that, by virtue of being a person with protected rights with limited leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, a person (“A”) was an eligible part-time student in connection with—

(i) an application for support for an earlier year of the current part-time course; or

(ii) an application for support in connection with a designated part-time course or other designated course from which A’s status as an eligible part-time student or eligible student has been transferred to the current part-time course; and

(b) as at the day before the academic year in respect of which A is applying for support begins, A no longer has extant limited leave to enter or remain granted by virtue of residence scheme immigration rules and no further leave to enter or remain has been granted under those rules [F26 and A has not become a British or Irish citizen],

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.

F27 (11B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11C) Where—

(a) the Department determined that, by virtue of—

(i) falling within [F28 paragraph (1)(a)(iv) or (v)] of the definition of “person with protected rights”; or

(ii) meeting the conditions in paragraph 3(1)(a)(iv) in Part 2 of Schedule 2, a person (“A”) is an eligible part-time student in connection with an application for support for an academic year of a designated part-time course, and

(b) as at the day before the academic year begins, A is not a person with protected rights [F29 and has not become a British or Irish citizen],

A’s status as an eligible part-time student terminates immediately before the first day of the academic year in respect of which A is applying for support.]

(12) Paragraphs (10) and (11) do not apply where A began the course in connection with which the Department determined that A was an eligible part-time student or eligible student, as the case may be, before 1st September 2007.

(13) An eligible part-time student may not, at any one time, qualify for support for—

(a) more than one designated part-time course;

(b) a designated part-time course and a designated course;

(c) a designated part-time course and a designated distance learning course;

(d) a designated part-time course and a designated postgraduate course [F30 ;]

[F31 (e) a designated part-time course and a designated Master’s, etc. course.]

Textual Amendments

F1 Reg. 122(2)-(2B) substituted for reg. 122(2) (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 10(a)(i)

F2 Words in reg. 122(2)(a) substituted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 45(a)

F3 Words in reg. 122(2)(a) substituted (with application in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022 (S.R. 2022/201), regs. 1(2), 5

F4 Reg. 122(3)(a) text amended (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 22

F5 Words in reg. 122(10)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(a)

F6 Reg. 122(10A) inserted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 24

F7 Words in reg. 122(10A) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 5(c)(i)

F8 Words in reg. 122(10A)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(b)

F9 Reg. 122(10B) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(h)(i)

F10 Words in reg. 122(10B)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(c)

F11 Reg. 122(10C) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(h)(i)

F12 Words in reg. 122(10C)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(d)

F13 Reg. 122(10D) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(h)(i)

F14 Words in reg. 122(10D)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(b)

F15 Reg. 122(10E) inserted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 45(b)

F16 Words in reg. 122(10E)(a) inserted (with application in accordance with reg. 1(5)(6) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 26(a) (with regs. 74-75)

F17 Words in reg. 122(10E)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(e)

F18 Reg. 122(10F) inserted (with application in accordance with reg. 1(4)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) (No.2) Regulations (Northern Ireland) 2022 (S.R. 2022/201), regs. 1(2), 23(a)

F19 Words in reg. 122(10F)(a) inserted (with application in accordance with reg. 1(3)(4)(b) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 26(b)

F20 Words in reg. 122(10F)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(b)

F21 Reg. 122(10G) inserted (with application in accordance with reg. 1(7)(8) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/32), regs. 1(2), 9(a)

F22 Words in reg. 122(11)(a) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(h)(i)

F23 Words in reg. 122(11)(b) inserted (25.3.2021) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(2), 18(h)(ii)

F24 Words in reg. 122(11)(b) substituted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(d)

F25 Reg. 122(11A)-(11C) inserted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 10(a)(ii)

F26 Words in reg. 122(11A)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(f)

F27 Reg. 122(11B) omitted (with application in accordance with of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(4)(a), 28(a)

F28 Words in reg. 122(11C)(a)(i) substituted (24.3.2022) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(2), 28(b)

F29 Words in reg. 122(11C)(b) inserted (with application in accordance with reg. 1(3)(d) of the amending Rule) by The Education (Student Support, etc.) (Amendment No.2) Regulations (Northern Ireland) 2024 (S.R. 2024/157), regs. 1(2), 18(g)

F30 Semi-colon in reg. 122(13)(d) substituted (with application in accordance with reg. 1(2) of the amending Rule) for full stop 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), 23(a)

F31 Reg. 122(13)(e) added (with application in accordance with reg. 1(2) of the amending Rule) 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), 23(b)

Commencement Information

I1 Reg. 122 in operation at 17.12.2009, see reg. 1(1)