These Regulations amend the Education (Student Support) (No. 2) Regulations 2002 (the “2002 Regulations”). The 2002 Regulations provide for support for students taking designated higher education courses.

Regulation 4 amends regulation 39 of the 2002 Regulations to provide that in the event of bankruptcies arising on or after 1st March 2005 in Northern Ireland, any debt arising from a student loan is protected from the effects of proceedings under the Insolvency (Northern Ireland) Order 1989, irrespective of when that debt arose. Previously, only debt in respect of sums received by way of student loan after the commencement of bankruptcy proceedings were protected from the effects of such proceedings. Regulation 39(2)(b)(i) preserves the current position for those bankruptcies occurring before 1 March 2005. Regulation 39(2)(b)(ii) sets out the new provision for future bankruptcies.