Made | 19th July 2001 | ||
Coming into operation | 1st September 2001 |
(2) For the purposes of these Regulations a person who is ordinarily resident in Northern Ireland, England and Wales, Scotland, the Channel Islands or the Isle of Man as a result of having moved from another of those areas for the purpose of undertaking -
shall be considered to be ordinarily resident in the place from which he moved.
(3) For the purpose of these Regulations, including for the purpose of determining whether a person is settled in the United Kingdom within the meaning of the Immigration Act 1971[8] for the purposes of these Regulations, a person shall be treated as ordinarily resident in Northern Ireland, England and Wales, the United Kingdom, the United Kingdom and Islands or in the European Economic Area if he would have been so resident but for the fact that he, his spouse or his parent, guardian or any other person having parental responsibility for him, or any person having care of him when he is a child is, or was temporarily employed outside the United Kingdom, the United Kingdom and Islands, or as the case may be, outside the European Economic Area and paragraph 7(c) of the Schedule shall not apply in the case of such a person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.
(4) For the purposes of these Regulations an area which -
shall be considered to have always been part of the European Community or European Economic Area as the case may be.
(5) In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom -
(6) In these Regulations "academic year" means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September, according to whether the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively, but if students are required to begin the course during August or September and to continue it through the autumn the academic year of the course shall be considered to begin in the autumn rather than the summer.
(7) In these Regulations -
(b) "similar body" means either of the following institutions -
Eligible students
3.
- (1) Subject to and in accordance with these Regulations a person shall be eligible for a grant in connection with his undertaking a designated course and in respect of an academic year which begins on or after 1st September 2001 if:
(2) A person shall not be eligible under this regulation if -
(b) he has, in the opinion of the Department, shown himself by his conduct to be unfitted to receive any support.
(3) A person shall not be eligible for a grant for more than one designated course at any one time.
(4) Where a person who meets the requirements of this regulation is notified of that fact by the Department under regulation 5(4) he shall henceforth be an eligible student for the purposes of these Regulations unless, in relation to the second and any subsequent academic year of his course, he is not ordinarily resident in Northern Ireland on the first day of that academic year.
Designated courses
4.
- (1) A course shall be designated for the purposes of Article 3 of the Order and regulations 3 and 6 if -
(c) it is wholly provided by an educational institution or institutions in the United Kingdom or the Republic of Ireland which are maintained or assisted by recurrent grants out of public funds or is provided by such an institution or institutions in conjunction with an institution or institutions outside the United Kingdom; and
(d) it is not a course for the initial training of teachers.
(2) For the purposes of these Regulations a course is provided by an institution if it provides the teaching and supervision which comprise the course, whether or not it has entered an agreement with the student to provide the course.
(3) For the purposes of paragraph (1) a university and any constituent college or institution in the nature of a college or a university shall be regarded as maintained or assisted by recurrent grants out of public funds if either the university or the constituent college or institution is so maintained or assisted.
(4) For the purposes of Article 3 of the Order and regulations 3(1) and 6(2) the Department may designate courses under these Regulations which are not designated under paragraph (1).
Applications for grant
5.
- (1) A person shall apply for a grant in respect of an academic year of a designated course by completing and submitting to the Department an application in such form as it may require, but which shall include a declaration signed by the student that:
(2) An applicant shall demonstrate his eligibility for a grant by providing such evidence as the Department may require.
(3) The Department may take such steps and make such inquiries as it considers necessary to determine whether the applicant is eligible for a grant.
(4) If the Department considers that the applicant is eligible for a grant it shall:
Transfers of eligibility
6.
- (1) An eligible student may request that the Department transfer his eligibility in any case where -
(2) Subject to paragraph (3) the Department, on being satisfied of the matters referred to in paragraph (1) and that the second course is a designated course, shall transfer the eligible student's eligibility, and henceforth the eligible student shall for all purposes be an eligible student in connection with his undertaking the second course, whether or not he may have been eligible for a grant if he had applied under regulation 5.
(3) The Department may, after consulting the academic authority concerned, refuse to transfer eligibility under this regulation if it is satisfied that when the student applied for a grant he did not intend to complete the course to which his application related.
(4) An eligible student's eligibility for a grant may not be transferred after it has expired or has been terminated under regulation 7.
Termination of eligibility
7.
- (1) Subject to paragraph (2), an eligible student shall cease to be eligible for a grant on the expiry of the period ordinarily required for the completion of the course, and accordingly he shall then cease to be an eligible student.
(2) The Department may before or after an eligible student ceases to be an eligible student under paragraph (1) determine that he shall continue to be eligible for a grant for such further period after the expiry of the period referred to in that paragraph as it specifies, and accordingly he shall be or be considered to have been an eligible student throughout that period until its expiry.
(3) Where an eligible student has withdrawn from a course in circumstances where the Department has not transferred or will not transfer his eligibility to another course under regulation 6, or has abandoned or been expelled from his course, the Department shall determine that he is no longer eligible for a grant, and on such determination he shall then cease to be an eligible student.
(4) Where an eligible student has shown himself by his conduct to be unfitted to receive a grant the Department may determine that he is no longer eligible for a grant, and on such determination he shall then cease to be an eligible student.
Information
8.
- (1) Every applicant and every eligible student shall as soon as reasonably practicable after he is requested to do so provide the Department with such information as the Department considers necessary for the exercise of its functions under these Regulations.
(2) Every applicant and every eligible student shall forthwith inform the Department if any of the following occurs, and provide it with particulars -
(3) If the Department is satisfied that an eligible student has wilfully failed to comply with any requirement to provide information or has provided information which the student knows to be false in a material particular or has recklessly provided information which is false in a material particular it may determine that the student shall -
Amount of grant
9.
- (1) An eligible student shall be eligible for a grant equal to additional expenditure which the Department is satisfied he is obliged to incur in respect of his undertaking the course by reason of a disability to which he is subject; but the amount of grant shall not exceed the amount referred to in paragraph (2).
(2) The amount referred to in this paragraph is such amount as the Department considers appropriate not exceeding £5,120 in respect of each academic year.
Payment of grant
10.
- (1) Subject to the following paragraph, the Department shall pay a grant for which a student is eligible in such instalments (if any) and at such times as it considers appropriate; and in the exercise of its functions under this paragraph it may make provisional payments pending the final calculation of the amount of grant for which the student is eligible.
(2) Payments shall be made in such manner as the Department considers appropriate, and it may make it a condition of entitlement to payment that the eligible student shall provide it with particulars of a bank or building society account in the United Kingdom into which payments may be made by electronic transfer.
Overpayments
11.
Any overpayment of grant shall be recovered in such one or more of the following ways as the Department considers appropriate in all the circumstances:
Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on
19th July 2001.
L.S.
Catherine Bell
A senior officer of the Department of Higher and Further Education, Training and Employment
2.
A person who is a refugee, ordinarily resident in the United Kingdom and Islands, who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child or stepchild of such a refugee, in each case who meets the residence condition in paragraph 7(a).
3.
A person who -
(b) has been granted leave to enter or remain accordingly, and
(c) has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain
or who is the spouse, child or stepchild of such a person, where the person, or as the case may be the spouse, child or stepchild meets the residence conditions referred to in paragraph 7.
4.
A person who is an EEA migrant worker who -
5.
A person who is the spouse of an EEA migrant worker and who -
6.
- (1) A person who is the child of an EEA migrant worker and who -
(2) For the purposes of this paragraph "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and "child" shall be construed accordingly.
7.
The residence conditions referred to above are that -
[8] 1971 c. 77; amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12back
[9] O.J. No. L257, 19.10.68, p. 2back
[10] S.I. 1972/1265 (N.I. 14).back
[11] 1968 c. 46; section 63 was amended by the National Health Services Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 124 and Schedule 5, the National Health Services Act 1977 (c. 49), Schedule 15, paragraph 45 and Schedule 16, the National Health Services (Scotland) Act 1978 (c. 29), Schedule 16, paragraph 26(2) and Schedule 17, the Health Services Act 1980 (c. 53), sections 1 and 2 and Schedule 1, Part 1, paragraph 19(3), the Local Government Act 1985 (c. 51), Schedule 17, the Family Practitioner Committees (Consequential Modifications) Order 1985 (S.I. 1985/39), Article 6(1), the Health and Medicines Act 1988 (c. 49), section 20, section 25(2) and Schedule 3, the Local Government (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 74(1) and (2), the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 95(1) and (2), the Local Government Reorganisation (Wales) (Consequential Amendments) (No. 2) Order 1996 (S.I. 1996/1008), the Schedule, paragraph 1, and the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 1(4)back
[13] 1971 c. 77; as amended by the British Nationality Act 1981 (c. 61), section 39 and Schedule 4; by the Immigration Act 1988 (c. 14), sections 1, 3, 4, 6 and 10 and the Schedule, by the Asylum and Immigration Appeals Act 1993 (c. 23), sections 10 to 12back
[14] O.J. No. L257, 19.10.68, p. 2back