The Education (Grants for Disabled Postgraduate Students) Regulations (Northern Ireland) 2001

Prospective

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which come into operation on 1st September 2001, are made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998. They make provision for grants to disabled postgraduate students to meet additional expenditure incurred in undertaking their courses by reason of their disability.

Eligible students are disabled students who meet the personal criteria in the Schedule and undertake designated postgraduate courses, other than students already in receipt of an award from the Department (which includes a living cost element), another Government Department, a Research Council or funding from their academic institution specifically to cover this type of additional expenditure. PGCE students (who are already covered by the Student Support Regulations) are also ineligible. The eligibility criteria are set out in regulation 3 and the Schedule.

Following amendment of Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 by the Learning and Skills Act 2000, the Regulations provide for grant to eligible students undertaking designated courses whether they attend their courses or whether they pursue their courses through open learning.

Designated postgraduate courses are courses providing education the standard of which is higher than that of a first degree course and entry for which a first degree (or equivalent qualification), or higher is normally required and which is of at least one academic year’s duration, whether the course is a full-time or part-time one. The Regulations enable the Department to designate other courses (regulation 4).

The Regulations provide for the method of application for grant (regulation 5), transfers between courses (regulation 6), termination of eligibility (regulation 7) and the provision of information by students to the Department for the purpose of exercising its functions under the Regulations (regulation 8), on a similar basis to those applying to undergraduate student support.

An eligible student is eligible for a grant equal to additional expenditure which the Department is satisfied he is obliged to incur because of his disability in respect of his course attendance, subject to a maximum of £5,120 (regulation 9).

These Regulations enable the Department to pay grant at such time and in such manner as it considers appropriate. It may make it a condition of entitlement to payment that a student first provides details of a bank or building society account so that payments may be made by electronic transfer (regulation 10).

Provision is made for the recovery of overpayments (regulation 11).