Assistance for part-time courses
112.—(1) For the purposes of this regulation, the assistance available is—
(a)a grant in respect of fees not exceeding the lesser of the following amounts—
(i)the basic grant, and
(ii)the “actual fees”, being the amount of fees charged to the student in respect of an academic year of the designated part-time course; and
(b)a grant not exceeding £250 for books, travel and other expenditure in connection with the designated part-time course.
(2) An eligible part-time student does not qualify for assistance under paragraph (1)(b) if the only paragraph in Part 2 of Schedule 2 into which he falls is paragraph 9.
(3) An eligible part-time student qualifies for assistance—
(a)under paragraph (1)(a) if the Department considers that he is undertaking the designated part-time course in Northern Ireland; and
(b)under paragraph (1)(b) if the Department considers that he is undertaking the designated part-time course in the United Kingdom.
(4) An eligible part-time student does not qualify for support under this regulation if he has undertaken one or more part-time courses for eight academic years in aggregate and he has received in respect of each of those academic years a loan or a grant of the kind described in paragraph (5).
(5) The loans and grants are—
(a)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under Article 3 of the Order;
(b)a loan, a grant in respect of fees or a grant for books, travel and other expenditure each made in respect of an academic year of a part-time course pursuant to regulations made under section 22 of the 1998 Act; or
(c)a loan in respect of an academic year of a part-time course made pursuant to regulations made under sections 73(f), 73B and 74(1) of the Education (Scotland) Act 1980(1).
(6) An eligible part-time student does not qualify for support under this regulation if he holds a first degree from—
(a)an educational institution in the United Kingdom; or
(b)an educational institution in the Republic of Ireland for which he received financial support under previous regulations.
(7) For the purposes of paragraph (6), a degree is not to be treated as a first degree where—
(a)it is a degree (other than an honours degree) that has been awarded to an eligible part-time student who has completed the required modules, examinations or other forms of assessment for his first degree course; and
(b)the eligible part-time student is registered to continue the course at the same educational institution after the award of his degree so as to obtain an honours degree on completion of the required modules, examinations or other form of assessment.
1980 c.44; section 73(f) was amended by the Teaching and Higher Education Act 1998 (c. 30), section 29(1) and the Education (Graduate Endowment and Student Support) (Scotland) Act 2001 (asp 6), section 3(2). Section 73B was inserted by section 29(2) of the Teaching and Higher Education Act 1998. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46)