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Regulation 145 Conversion of statusI1

United Kingdom Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where an eligible student ceases to undertake a designated course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible student to that of an eligible part-time student in connection with the course to which he is transferring where—

(a)

he receives a request from the eligible student to do so; and

(b)

the period of eligibility has not terminated.

(2)

Where, before completing the designated course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 134(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated course from which the student transfers.

(3)

The following applies to a student who transfers under paragraph (1)—

(a)

where the Secretary of State has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 in periodic instalments, no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student becomes an eligible part-time student;

(b)

the maximum amount of disabled part-time students’ allowance to which the student would, apart from this regulation, be entitled in connection with his undertaking a designated part-time course in respect of that academic year is reduced by one third where the student became an eligible part-time student during the second quarter of the academic year and by two thirds where he became such a student in a later quarter of that year;

(c)

where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 in a single instalment, the maximum amount of disabled part-time students’ allowance payable to him for that purpose is reduced (or, where sub-paragraph (b) applies, further reduced) by the amount of grant paid to him for that purpose pursuant to Chapter 3 of Part 5, and where the resulting amount is nil or a negative amount that amount is nil; and

(d)

where immediately before he became an eligible part-time student he was eligible to apply, but had not applied, for a loan for living costs in respect of that year, or had not applied for the maximum amount or increased maximum to which he was entitled, he may apply for such a loan or such additional amount of loan as if he had continued to be an eligible student; and in the circumstances mentioned in paragraph (4) the maximum or increased maximum amount of such loan for the academic year is reduced in accordance with that paragraph.

(4)

Where the request under paragraph (1) is made during the first quarter of the academic year in respect of which the loan is payable the maximum amount or increased maximum amount of loan (as the case may be) is reduced by two thirds, and where the request is made during the second quarter of that year that amount is reduced by one third.

(5)

Where an eligible distance learning student ceases to undertake a designated distance learning course and transfers to a designated part-time course at the same or at another institution, the Secretary of State must convert the student’s status as an eligible distance learning student to that of an eligible part-time student in connection with the course to which he is transferring where—

(a)

he receives a request from the eligible distance learning student to do so; and

(b)

the period of eligibility has not terminated.

(6)

Where, before completing the designated distance learning course, the student transfers to a part-time course in the same subject or subjects leading to the same qualification at the same institution, the part-time course is to be treated as satisfying regulation 134(1)(b) and (c) if the period of part-time study to be undertaken by the student is of at least one academic year’s duration and does not exceed twice the period ordinarily required to complete the remainder of the designated distance learning course from which the student transfers.

(7)

Subject to paragraph (8), a student who transfers under paragraph (5) is entitled to receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under Part 11 in respect of the academic year of the designated distance learning course from which he transfers.

(8)

The Secretary of State may re-assess the amount of support payable after the transfer.

(9)

An eligible student who transfers under paragraph (5) after the Secretary of State has determined his support in connection with the academic year of the distance learning course from which he is transferring but before he completes that year—

(a)

may not apply for a grant under regulation 136(1)(b) if he has already applied for a grant under regulation 119(1)(b);

(b)

may not apply for a grant under regulation 140 if he has already applied for a grant under regulation 122.

(10)

Where a student transfers under paragraph (5), the total amount of assistance paid to the student under regulations 119(1)(a) and 136(1)(a) in respect of—

(a)

the academic year from which he transfers; and

(b)

the academic year to which he transfers;

must not exceed the amount of support determined to be payable to the student under regulation 119(1)(a).

(11)

Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated course at the same or at another institution, the Secretary of State must convert that student’s status as an eligible part-time student to that of an eligible student in connection with the course to which he is transferring where—

(a)

he receives a request from the eligible part-time student to do so; and

(b)

the period of eligibility has not terminated.

(12)

The following applies to a student who transfers under paragraph (11)—

(a)

where the Secretary of State has determined to pay an amount of disabled part-time students’ allowance to the student in periodic instalments no payment in respect of that amount of grant must be made in respect of any instalment period beginning after the date on which the student became an eligible student;

(b)

any support to which the student is entitled under this Part in respect of the academic year in which the student transfers is ignored in determining the amount of support to which he may be entitled in respect of that year under Parts 4 to 6;

(c)

the maximum amount of any support under Part 5 or 6 to which the student would, apart from this regulation, be entitled in connection with a designated course in respect of that academic year is reduced by one third where the student became an eligible student during the second quarter of that academic year and by two thirds where he became such a student in a later quarter of that year; and

(d)

where an amount of disabled part-time students’ allowance for any purpose has been paid to the student in a single instalment, the maximum amount of disabled students’ allowance payable to him under Chapter 3 of Part 5 for that purpose is reduced (or, where sub-paragraph (c) applies, further reduced) by the amount of disabled part-time students’ allowance paid to him for that purpose and where the resulting amount is nil or a negative amount that amount is nil.

(13)

Where an eligible part-time student ceases to undertake a designated part-time course and transfers to a designated distance learning course at the same or at another institution, the Secretary of State must convert that student’s status as an eligible part-time student to that of an eligible distance learning student in connection with the course to which he is transferring where—

(a)

he receives a request from the eligible part-time student to do so; and

(b)

the period of eligibility has not terminated.

(14)

Subject to paragraph (15), a student who transfers under paragraph (13) is entitled to receive in connection with the academic year of the course to which he transfers the remainder of the support for which the Secretary of State has determined he qualifies under this Part in respect of the academic year of the designated part-time course from which he transfers.

(15)

The Secretary of State may re-assess the amount of support payable after the transfer.

(16)

An eligible student who transfers under paragraph (13) after the Secretary of State has determined his support in connection with the academic year of the part-time course from which he is transferring but before he completes that year—

(a)

may not apply for a grant under regulation 119(1)(b) if he has already applied for a grant under regulation 136(1)(b);

(b)

may not apply for a grant under regulation 122 if he has already applied for a grant under regulation 140.

(17)

Where a student transfers under paragraph (13), the total amount of assistance paid to the student under regulations 119(1)(a) and 136(1)(a) in respect of—

(a)

the academic year from which he transfers; and

(b)

the academic year to which he transfers;

must not exceed the maximum amount of support determined to be payable to the student under regulation 119(1)(a).

Annotations

Commencement

I1

Reg. 145 in force at 1.4.2008, see reg. 1(1)