The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021

Amendments in relation to section 67 leave

5.  The 2009 Regulations are amended as follows—

(a) in regulation 5(1) (eligible students)—

(i) in paragraph 11A, in sub-paragraph (a)(ii)—

(aa) after “designated part-time” insert “, designated distance learning course”;

(bb) after “eligible part-time student” insert “, eligible distance learning student”;

(b) in regulation 105(2) (eligible distance learning students)—

(i) after paragraph 11, insert—

“(11A) Where—

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

(i) an application for support for an earlier year of the current distance learning course; or

(ii) an application for support in connection with a designated course, designated part-time course or other designated distance learning 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,

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.”;

(c) in regulation 122(3) (eligible part-time students)—

(i) in paragraph 10A, for sub-paragraph (a)(ii), substitute–

“(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”;

(d) in regulation 149(4) (eligible master’s, etc. students)—

(i) in paragraph 8 for “(11) and (12)” substitute “(11), (11A), (11B), (11C), (11D) and (12)”;

(ii) after paragraph 11 insert—

“(11A) Where—

(a) the Department determined that, by virtue of being a person granted section 67 leave, a person (“A”) was an eligible Master’s, etc. student in connection with–

(i) an application for support for an earlier year of the current Master’s, etc. course; or

(ii) an application for support in connection with another designated Master’s, etc. course from which A’s status as an eligible Master’s, etc. student has been transferred to the current Master’s, etc. 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 has been granted,

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

(1)

Regulation 5 was amended by S.S.I 2007/503, S.R.s 2010 No. 383, 2013 No. 128, 2017 No. 7 and 2019 No. 35

(2)

Regulation 105 was amended by S.S.I 2007/503, S.R.s 2010 No. 383, 2013 No. 128 and 2017 No. 7

(3)

Regulation 122 was amended by S.Rs 2010 No. 383, 2017 No. 7 and 2019 No. 35

(4)

Regulation 149 was amended by S.R.s 2017 No. 7 and 2018 No. 35