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	Statutory Rules of Northern Ireland
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"the 1997 Order" means the Further Education (Northern Ireland) Order 1997[4];

"further education" has the meaning assigned by Article 3 of the 1997 Order;

"the Department" means the Department for Employment and Learning;

"designated course" means a course designated by regulation 5;

"higher education" has the meaning assigned by Article 2(2) of the 1997 Order;

"institution of further education" means an educational establishment which is recognised by the Department as an institution of further education under Article 8 of the 1997 Order;

"support" means financial support by way of grant made by the Department to an institution of further education pursuant to Regulations made by the Department under Article 3 of the Order.

Application
     3. These Regulations apply in relation to the provision of support in relation to the academic year which begins on or after 1st September 2007 and ends on 31st August 2008.

Eligible Students
     4. —(1) A person is an eligible student in connection with a designated course if the Department determines that the person falls within one of the categories set out in Part 2 of Schedule 1.

    (2) A person ceases to be an eligible student if he abandons or is expelled from a designated course.

Designated courses
     5. A course is a designated course for the purposes of Article 3(1) of the Order if it is—

(a) of at least one academic year's duration;

(b) a further education course or a higher education course; and

(c) wholly provided by an institution of further education in Northern Ireland.

Applying for support and provision of information
     6. —(1) An institution of further education shall apply for support in respect of each eligible student on a designated course by completing and submitting to the Department such documentation as the Department may require.

    (2) The Department may take such steps and make such inquiries as it considers necessary to determine whether an application for support is in respect of an eligible student.

    (3) If the Department is satisfied that an institution of further education has failed to comply with any requirement to provide information under these Regulations or has provided information which is incomplete or inaccurate in a material particular, the Department may—

(a) determine that the institution no longer qualifies for any particular support or particular amount of support; and

(b) treat any support paid to the institution as an overpayment which may be recovered by such means as the Department considers appropriate.

Payments
     7. —(1) Support shall not be paid to an institution of further education until the Department has received a valid request for payment from the institution.

    (2) If the Department is satisfied that an application for support is valid for an eligible student on a designated course, then the Department will provide support to the institution of such amounts as it considers appropriate.

    (3) Any amount payable under paragraph (2) may be paid in such instalments as the Department considers appropriate.

Revocation
     8. The Further Education (Student Support) (Cross Border Eligibility) Regulations (Northern Ireland) 2006[5] are revoked.



Sealed with the Official Seal of the Department for Employment and Learning on


20th July 2007.

L.S.

Sir Reg Empey
Minister for Employment and Learning

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[6] as adjusted by the Protocol signed at Brussels on 17th March 1993[7];

"EEA frontier worker" means an EEA national who—

(a) is a worker in Northern Ireland; and

(b) resides in Switzerland or the territory of an EEA State other than the United Kingdom and returns to his residence in Switzerland or that EEA State, as the case may be, daily or at least once a week;

"EEA migrant worker" means an EEA national who is a worker, other than an EEA frontier worker, in the United Kingdom;

"EEA national" means a national of an EEA State other than the United Kingdom;

"European Economic Area" means the area comprised by the EEA States;

"family member" unless otherwise indicated, means—

(a) in relation to an EEA frontier worker or an EEA migrant worker—


(i) his spouse or civil partner;

(ii) his child or the child of his spouse or civil partner; or

(iii) dependent direct relatives in his ascending line or that of his spouse or civil partner;



(b) in relation to a Swiss worker—



(i) his spouse or civil partner; or

(ii) his child or the child of his spouse or civil partner;



(c) in relation to an EC national who falls within Article 7(1)(c) of Directive 2004/38—



(i) his spouse or civil partner; or

(ii) direct descendants of his or of his spouse or civil partner who are—


(aa) under the age of 21; or

(bb) dependants of his or his spouse or civil partner;



(d) in relation to an EC national who falls within the meaning of Article 7(1)(b) of Directive 2004/38—



(i) his spouse or civil partner;

(ii) direct descendants of his or of his spouse or civil partner who are—


(aa) under the age of 21; or

(bb) dependants of his or his spouse or civil partner; or



(iii) dependent direct relatives in his ascending line or that of his spouse or civil partner;



(e) in relation to a United Kingdom national—



(i) his spouse or civil partner; or

(ii) direct descendants of his or his spouse or civil partner who are—


(aa) under the age of 21; or

(bb) dependants of his or his spouse or civil partner;

"person with leave to enter or remain" means a person—

(a) who has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom;

(b) who has been granted leave to enter or remain accordingly;

(c) whose period of leave to enter or remain has not expired or has been renewed and the period for which it was renewed has not expired or in respect of those whose leave to enter or remain an appeal is pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002[8]; and

(d) who has been ordinarily resident in the United Kingdom and Islands throughout the period since he was granted leave to enter or remain;

"refugee" means a person who is recognised by Her Majesty's government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951[9] as extended by the Protocol thereto which entered into force on 4th October 1967[10];

"settled" has the meaning given by section 33(2A) of the Immigration Act 1971[11];

"Swiss Agreement" means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1994[12] and which came into force on 1st June 2002;

"Turkish worker" means a Turkish national who—

(a) is ordinarily resident in the United Kingdom and Islands; and

(b) is, or has been, lawfully employed in the United Kingdom; and

"worker" means a worker within the meaning of Article 7 of Directive 2004/38 or the EEA Agreement as the case may be.

    (2) For the purposes of this Schedule, "parent" includes a guardian, any other person having parental responsibility for a child and any person having care of a child and "child" is to be construed accordingly.

    (3) For the purposes of this Schedule, a person is to be treated as ordinarily resident in Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey if he would have been so resident but for the fact that—

(a) he;

(b) his spouse or civil partner;

(c) his parent;

(d) in the case of a dependent direct relative in the ascending line, his child or child's spouse or civil partner,

is or was temporarily employed outside the area in question.

    (4) For the purposes of sub-paragraph (3), temporary employment outside of Northern Ireland, the United Kingdom and Islands, the territory comprising the European Economic Area and Switzerland or the territory comprising the European Economic Area, Switzerland and Turkey includes—

(a) in the case of members of the regular naval, military or air forces of the Crown, any period which they serve outside the United Kingdom as members of such forces;

(b) in the case of members of the regular armed forces of an EEA State or Switzerland, any period which they serve outside of the territory comprising the European Economic Area and Switzerland as members of such forces; and

(c) in the case of members of the regular armed forces of Turkey, any period which they serve outside the territory comprising the European Economic Area, Switzerland and Turkey as members of such forces.

[2] S.I. 1998/1760 (N.I. 14)back

[3] Article 5(b) and Part II of Schedule 3 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) (S.R. 1999 No. 481) transferred functions under the Education (Student Support) (Northern Ireland) Order 1998 from the Department of Education to the Department of Higher and Further Education, Training and Employment, now renamed the Department for Employment and Learningback

[4] S.I. 1997/1772 (N.I. 15)back

[5] S.R. 2006 No. 422back

[6] Cm. 2073back

[7] Cm. 2183back

[8] 2002 c. 41 Section 104 was amended by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19, Schedules 2 and 4) and the Immigration, Asylum and Nationality Act 2006 (c. 13) section 9back

[9] Cmnd. 9171back

[10] Cmnd. 3906back

[11] 1971 c. 77; Section 33(2A) was inserted by paragraph 7 of Schedule 4 to the British Nationality Act 1981 (c. 61)back

[12] Cm. 4904back

 © Crown copyright 2007