Explanatory Note
(This note is not part of the Regulations)
These Regulations further amend the Education (Student Support) Regulations (Northern Ireland) 2005 (the “2005 Regulations”). The 2005 Regulations provide for support for students taking designated higher education courses in respect of an academic year beginning on or after 1st September 2005 and before 1st September 2006.
Regulation 17 substitutes the text set out in the Schedule to these Regulations for Schedule 2 to the 2005 Regulations in order to implement the provisions of Directive 2004/38/EC of the European Parliament and of the Council of 29th April 2004 (OJ L158, 30.04.2004, p77-123) on the rights of citizens of the Union and their family members to move and reside freely in the territory of the member states so far as the Directive relates to student support. Certain categories of person who were not formerly eligible for student support under the 2005 Regulations will be eligible as a result of the Directive. To qualify for support under the 2005 Regulations, a student must fall within one of the categories set out in Schedule 2 to those Regulations. Schedule 2 to the 2005 Regulations is amended by these Regulations to include the categories of person who are eligible for student support as a result of the Directive. Consequential changes are made by regulations 4, 6-9, 12-15 and 18(3) of these Regulations to the 2005 Regulations. A copy of the Transposition Note in relation to the implementation of the Directive so far as it relates to student support is available from the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT or on the website of the Office of Public Sector Information at www.opsi.gov.uk. A copy has also been placed in the library of each House of Parliament.
Schedule 2 to the 2005 Regulations is also amended to take into account the circumstances of students who are settled in the United Kingdom and who have exercised a right of residence within the territory comprising the European Economic Area and Switzerland.
Regulations 5 and 16 remove transitional provisions in the 2005 Regulations relating to the introduction of civil partnerships that are now redundant.
Regulation 10 amends regulation 17 of the 2005 Regulations so that a student cannot qualify for the adult dependants' grant in respect of an adult dependant or in respect of his partner if that adult dependant or partner is an eligible student in his own right or holds a statutory award.
Regulation 11 amends regulation 19 of the 2005 Regulations so that a student cannot qualify for the parents' learning allowance in respect of his dependent child if that child is an eligible student in his own right or holds a statutory award.
Regulation 18(2) updates a statutory reference in Schedule 5 to the 2005 Regulations as a result of pensions tax simplification.