1. These Regulations may be cited as the Education (Student Support) (Amendment No. 3) Regulations (Northern Ireland) 2001 and shall come into operation on 2nd April 2001.
2.—(1) The Education (Student Support) Regulations (Northern Ireland) 2000(1) shall be amended in accordance with paragraphs (2) to (13).
(2) In regulation 2—
(a)in paragraph (1)—
(i)in the definition of “eligible part-time student” substitute for the words “attendance at” the word “undertaking”;
(ii)in the definition of “statutory award” substitute for the words “attendance at” the word “undertaking”;
(b)in paragraph (2) substitute for the word “attending” (in each place where it appears) the word “undertaking”;
(c)in paragraph (6)—
(i)delete the word “attending” (where it first appears);
(ii)substitute for the word “attending” (where it appears for the second time) the word “it”.
(3) In regulation 3(2) substitute for the words “attendance at” the word “undertaking”.
(4) In regulation 9(2)(c)—
(a)substitute for the word “attend” the word “undertake”;
(b)substitute for the word “return” the words “continue it”.
(5) In regulation 18(1)(b) substitute for the word “attending” the word “undertaking”.
(6) In regulation 27—
(a)in paragraph (1) substitute for the words “attendance at” the word “undertaking”;
(b)in paragraph (2)—
(i)in sub-paragraph (b) substitute for the words “attendance on” the word “undertaking”;
(ii)delete sub-paragraph (c).
(7) In regulation 29—
(a)in paragraph (1)—
(i)in sub-paragraph (b) substitute for the word “attending” the word “undertaking”;
(ii)add after sub-paragraph (b)—
“and
(c)in respect of the second and any subsequent year of his part-time course, he is ordinarily resident in Northern Ireland on the first day of the academic year.”;
(b)for paragraph (2) substitute—
“(2) An eligible part-time student shall not be eligible for a loan if—
(a)he holds a first degree from an educational institution in the United Kingdom or a comparable qualification from an educational institution outside the United Kingdom; or
(b)there have been paid to him 6 loans in connection with his undertaking one or more designated part-time courses.”;
(c)after paragraph (3) insert—
“(3A) Subject to paragraph (3B), an eligible part-time student shall not be eligible for a loan if he is a prisoner serving a custodial sentence.
(3B) Paragraph (3A) shall not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.”;
(d)in paragraph (8) substitute (in the appropriate places) for the definitions of “child”, “dependent” and “spouse” the following definitions—
““child” in relation to an eligible part-time student includes a step-child and any child for whom the student has parental responsibility and, in the case of an eligible part-time student aged 25 or over on the first day of the academic year in respect of which his eligibility for a loan is being assessed, any child of his partner;
“dependent” means wholly or mainly financially dependent;
“partner” means a woman ordinarily living with a man part-time student as his wife or a man ordinarily living with a woman part-time student as her husband;
“spouse” includes, in the case of an eligible part-time student aged 25 or over on the first day of the academic year in respect of which his eligibility for a loan is being assessed, a partner. It does not include a spouse of an eligible part-time student where they have ceased ordinarily to live together, in the case of a married part-time student whether or not an order for their separation has been made by any court, or where the spouse is ordinarily living outside the United Kingdom and is not maintained by him.”.
(8) In regulation 31—
(a)in paragraph (1) substitute for the words “attendance on” the word “undertaking”;
(b)in paragraph (6)(a) substitute for the words “attendance at” the word “undertaking”.
(9) In regulation 32—
(a)renumber the existing provisions of the regulation as paragraph (1);
(b)insert at the beginning of paragraph (1) the words “Subject to paragraphs (2) and (3),” and substitute for the words “attendance at” (where they first appear) the word “undertaking”; and
(c)add after paragraph (1)—
“(2) An eligible part-time student shall be eligible for grant under this regulation if, in respect of the second and any subsequent year of his part-time course, he is ordinarily resident in Northern Ireland on the first day of the academic year.
(3) Subject to paragraph (4), an eligible part-time student shall not be eligible for grant under this regulation if he is a prisoner serving a custodial sentence.
(4) Paragraph (3) shall not apply in respect of an academic year during which the student enters prison to serve a custodial sentence or is released from prison having served such a sentence.”.
(10) In regulation 33—
(a)in paragraph (1)(a) and (b) substitute for the word “attend” the word “undertake”;
(b)in paragraph (2) substitute for the words “attendance at” the word “undertaking”.
(11) In regulation 34—
(a)in paragraph (1)(a) and (b) substitute for the word “attend” (where it appears for the second time) the word “undertake”;
(b)in paragraph (2) substitute for the words “attendance at” the word “undertaking”;
(c)in paragraph (6)—
(i)in sub-paragraph (b) substitute for the words “attendance at” the word “undertaking”;
(ii)in sub-paragraph (d)—
(A)insert after the words “regulation 20” (where they first appear) the words “, or had not applied for the maximum amount or increased maximum for which he was entitled under regulation 20”;
(B)insert after the word “loan” (where it appears for the second time) the words “or such additional amount of loan”;
(C)insert after the word “maximum” the words “or increased maximum”;
(d)in paragraph (7)—
(i)substitute for the words “the maximum amount of loan” (where they first appear) the words “the maximum amount or increased maximum amount of loan (as the case may be)”;
(ii)substitute for the words “the maximum amount of loan” (where they appear for the second time) the words “that amount”.
(e)in paragraph (8)(a) and (b) substitute for the word “attend” (where it first appears) the word “undertake”.
(12) In regulation 35(2) substitute for the word “attend” the word “undertake”.
(13) In paragraph 1(1)(d) of Schedule 3 insert at the end the words “or under section 65(3) of the Further and Higher Education Act 1992(2)”.
Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 23rd February 2001.
L.S.
Dr. Robson Davison
A senior officer of the
Department of Higher and Further Education, Training and Employment