Regulation 107M Conversion of status – eligible students not in attendance on a designated courseF1

(1)

Where the Department determined before 21st September 2007 that a student—

(a)

is an eligible student; but

(b)

as he is undertaking but not in attendance, or treated as being in attendance, on a designated course—

(i)

qualifies only for disabled students’ allowance in connection with that course; or

(ii)

does not qualify for any support under Parts 4 to 6 in connection with that course,

the Department must convert his status to that of an eligible distance learning student in accordance with this regulation.

(2)

The Department must convert the status of an eligible student to whom paragraph (1) applies to that of an eligible distance learning student where—

(a)

he is satisfied that the student is undertaking a designated distance learning course in Northern Ireland; and

(b)

the period of eligibility has not terminated.

(3)

The Department must determine, in accordance with this Part, the amount of support payable under regulation 107E in respect of the current academic year to a student whose status is converted under paragraph (2).

(4)

The following applies to a student who falls within paragraph (1)(b)(i) and whose status is converted under paragraph (2)—

(a)

where the Department has determined to pay an amount of disabled students’ allowance to the student under Chapter 3 of Part 5 (“the previous amount”) in respect of the current academic year, no payment in respect of that amount of grant must be made on or after 21st September 2007;

(b)

the maximum amount of disabled distance learning students’ allowance to which the student is entitled in connection with his undertaking a designated distance learning course in the current academic year is the greater of the following amounts—

(i)

the previous amount; and

(ii)

the “actual amount” being the maximum amount of disabled distance learning students’ allowance the Department determines is payable to the student; and

(c)

where an amount of disabled students’ allowance for any purpose has been paid to the student under Chapter 3 of Part 5 before 21st September 2007, the maximum amount of disabled distance learning students’ allowance payable to him for that purpose for the current academic year is 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.

(5)

In this regulation “current academic year” means an academic year beginning on or after 21st September 2007 but before 1st September 2008.

Annotations

Textual amendments

F1: Pt. 10A inserted (21.9.2007) by The Education (Student Support) (Amendment) (No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/363), regs. 1, 17