OpenLegislation

Regulation 112 Disabled distance learning students’ allowanceI1

Northern Ireland

(1)

An eligible distance learning student qualifies in accordance with this Part for a grant to assist with the additional expenditure which the Department is satisfied the student is obliged to incur by reason of a disability to which the student is subject in respect of undertaking a designated distance learning course.

F1(1A)

The expenditure for which the grant may be paid includes, in particular—

(a)

expenditure on a non-medical personal helper;

(b)

expenditure on major items of specialist equipment;

(c)

travel expenditure.

(2)

An eligible distance learning student does not qualify for the grant under this regulation if the only paragraph F2or paragraphs in Part 2 of Schedule 2 into which the student falls is one or more of paragraphs 2A, 9, 9A, 9C or 9D. .

F3(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

An eligible distance learning student does not qualify for the grant under this regulation unless the Department considers that the student is undertaking the designated distance learning course in Northern Ireland F4on the first day of the first academic year .

F5(4A)

A student qualifying for a grant under this regulation will no longer qualify for the grant if the Department considers that the student is undertaking the course outside the United Kingdom.

F6(4B)

Paragraphs (4) and (4A) do not apply to a person who is treated as being ordinarily resident in the United Kingdom by virtue of paragraph 1(4) of Schedule 2 on the basis of temporary employment falling within paragraph 1(5)(a) of that Schedule.

F7(4C)

For the purposes of paragraph (4), a person (“A”) is to be treated as undertaking the designated distance learning course in Northern Ireland on the first day of the first academic year if on the first day of the first academic year A would have been so resident but for the fact that-

(a)

A,

(b)

A’s spouse or civil partner,

(c)

A’s parent, or

(d)

in the case of a dependent direct relative in the ascending line, A’s child or child’s spouse or civil partner,

is or was temporarily employed in England, Scotland or Wales as a member of the regular naval, military or air forces of the crown.

(5)

Subject to the following paragraphs, the amount of grant under this regulation is the amount that the Department considers appropriate in accordance with the student’s circumstances.

F8(6)

The amount of grant under this regulation in respect of an academic year—

(a)

for expenditure other than travel expenditure, must not exceed F9£27,500;

(b)

for travel expenditure, must not exceed the additional expenditure incurred.

F10(7)

Subject to paragraph (8), the grant under this regulation is payable in respect of the four quarters of the academic yearF11....

(8)

Where regulation F12106(4) applies, a student may qualify for the grant under this regulation F13in respect of—

(a)

the quarter in which the relevant event occurs, and

(b)

if relevant, such quarters as begin after the relevant event occurs.

Annotations

Textual amendments

F1

Reg. 112(1A) inserted (with application in accordance with of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(3)(a), 21(a)

F2

Words in reg. 112(2) substituted (with application in accordance with reg. 1(2)(3) of the amending Rule) by The Education (Student Fees and Support) (Amendment) (No.2) Regulations (Northern Ireland) 2021 (S.R. 2021/85), regs. 1(1), 9(d)

F3

Reg. 112(3) revoked (23.12.2010) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/383), regs. 1, 21

F4

Words in reg. 112(4) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(a)

F5

Reg. 112(4A) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(b)

F6

Reg. 112(4B) inserted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support) (Amendment) (No.2) Regulations (Northern Ireland) 2017 (S.R. 2017/43), regs. 1(3), 8

F7

Reg. 112(4C) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/35), regs. 1(1), 5

F8

Reg. 112(6) substituted (with application in accordance with of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(3)(a), 21(b)

F9

Sum in reg. 112(6)(a) substituted (10.4.2026 with application in accordance with reg. 1(3)(4)(a)) by The Education (Student Support) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/56), regs. 1(2), 3(2)(b)

F10

Reg. 112(7)(8) inserted (with application in accordance with reg. 1(2) of the amending Rule) by The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/398), regs. 1(1), 15(c)

F11

Words in reg. 112(7) omitted (with application in accordance with of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(3)(a), 21(c)

F12

Word in reg. 112(8) substituted (with application in accordance with reg. 1(3)(4)(c) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/19), regs. 1(2), 49

F13

Words in reg. 112(8) substituted (with application in accordance with of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/75), regs. 1(3)(a), 21(d)

Commencement

I1

Reg. 112 in operation at 17.12.2009, see reg. 1(1)